Is Self-Representation a Viable Option at the Administrative License Suspension Hearing?

Interviewer: Do you ever have clients that feel like they could probably handle the case on their own? Would you say that there may be one or two exceptions where the client can represent themselves in a BMV case or will they always need a lawyer there?

Dale Naticchia: People should always retain a lawyer. I’ll give you an example. Somebody called me not long ago and they were arrested for an OVI in Chardon and refused the test. It was a weekend so before they bonded out they had already spent two days in jail.

They bring him into the courthouse. He’s wearing the orange jumpsuit but actually the guy was a decorated veteran, nobody knew that of course. He’s just another prisoner.

He talks to the bailiff and the bailiff says, “Well, look it, you’ve already spent two days you’ll probably only get one more day. Why don’t you talk to the prosecutor and see if you can work it out? You don’t need an attorney.”

He went to the prosecutor and he talked it out. The prosecutor says, “Yes, I’ll suggest the minimums.”

The judge didn’t go along with the minimums and gave him seven more days. When he gets out he finds out that he was put on probation and the probation prohibits the consumption of any alcohol, and he has to go to four AA meetings a week for a year. He is also subject to random urine tests for alcohol and drugs.