NEW YORK DWI DEFENSE LAWYER STEVE BRILL
SAYS COURTS ABUSE CELEBRITY’S RIGHTS
He Also Has Advice for Joba Chamberlain’s Attorney
NEW YORK, NY (Nov. 12) – If Yankee pitcher Joba Chamberlain is convicted
of driving while under the influence, a Nebraska court, in addition to enforcing the
mandatory jail sentence of anywhere from 7-to-60 days, could revoke his license, making
it impossible for the star right hander to drive himself to the opening game against the
Cleveland Indians on April 16, 2009, in the new Yankee Stadium, according to Steve
Brill, a New York City defense attorney who has handled all types of DWI cases.
“The courts could also mandate an alcohol treatment program for Chamberlain,”
Brill said, “requiring him to attend classes. While unlikely, the classes could potentially
interfere with his place in the Yankee lineup for part, or all, of the season.”
The 23-year-old starter, with a wholesome reputation, was arrested near his
hometown of Lincoln, Nebraska on October 18 for driving under the influence of alcohol,
the Nebraska state patrol said.
“If I was defending him,” Brill explained, “I would make sure that Joba is not
treated worse than anyone else in similar circumstances, which can happen, if some
aggressive prosecutor decides to use him as an example.”
Brill said he knows that as a public figure there is a tremendous amount of
pressure on Chamberlain to speak.
“I would make sure he understands,” Brill warned, “that anything he says will
most likely end up hurting his case.”
Brill explained that most of the time DWI cases are resolved with negotiations
between defense attorneys and District Attorneys.
“But celebrity is always a sensitive situation,” he said. “The goal of the defense is
to convince the DA and the Court that a famous defendant must be treated as fairly as
anyone else. In DWI cases especially, the DA has the tendency to throw the book at
celebrities in order to use their celebrity to send a message to society.”
Brill said that should the evidence confirm that Joba was legally intoxicated, he
would advise Chamberlain’s lawyer to focus heavily on minimizing any sanctions, or
penalties, and to advise Chamberlain to remain silent and not make any statements to the
press.
He said the fact that an open bottle of booze was found on the front seat of his car
will make his lawyer’s job that much harder and the DA’s job that much easier.
“The open bottle,” Brill said, “is independent evidence that the person was
actually drinking while driving, which makes it hard to argue that the person was not
driving in an impaired or intoxicated condition.”
Brill said that when Chamberlain goes before the Nebraska court in December his
lawyer’s top priority should be to keep the first time offender out of jail.
“At the same time,” he said, “his lawyer should fight to keep Chamberlain’s
criminal and driving records clean, help him maintain a valid drivers license, pay only
minimum fines and help keep him out of alcohol treatment, unless the facts of the case
make it clear that an intervention program would be in his client’s best interest.”
Brill advises anyone who is arrested on a DWI charge – celebrity or otherwise -to seek legal advice.
“There is a significant need,” Brill urged, “to have a good lawyer who knows the
law and procedures as it pertains to DWI crimes.”
He said that while some sentences are mandatory, there is a wide range of
guidelines within those mandatory sentences.
“A license suspension is mandatory,” he explained, “but there is flexibility in the
length of time of the suspension. The same can be said for the fine.”
Brill said that a good lawyer can make the difference between a client sustaining a
criminal record and no criminal record; between an alcohol program and no alcohol
program; between community service and no community service; between a seized
vehicle and the release of that vehicle; between having driving privileges and no
privileges.
“DWI laws are strict and getting stricter in every state,” Brill said. “Even in his
home state, where he is something of a hero, Chamberlain could conceivably have license
problems and run the risk of sustaining a criminal record for life. A lot will depend on
how his attorney handles the case.”
Brill pointed to an example of one client of his New York defense law firm,
Sullivan & Brill, who was stopped for driving erratically.
“In police paperwork,” Brill explained, “the driver was alleged to have all of the
characteristics of being drunk – slurred speech, watery eyes, alcohol on his breath. The
driver was taken to the precinct and asked to submit to a breathalyzer test. In New York
the NYPD videotapes breath and sobriety tests. After pressuring the DA, we got a hold
of the videotape and saw that our client looked and acted sober. He was steady and in
control. His speech sounded normal and he appeared to understand what was going on.
Despite what the arresting officer allegedly observed, the videotape saved the day for the
client. No jury could be convinced beyond a reasonable doubt that our client was
intoxicated. The DA was forced to reduce the charges and we negotiated a deal that
involved very minimal sanctions.”
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