You can argue the ten year rule doesn't apply unless you have a conviction within ten years of the prior conviction. The normal time to get to court makes it unlikely you can be convicted quickly enough for that to apply. You still have your 2nd one within the ten years, so you will be charged with at least 2nd in ten, if not 3rd in ten. You face potential mandatory jail time either way, and the DA and judge will take into account your entire record during plea bargaining, or sentencing if you lose at trial. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Nov 29th, 2012 at 8:07 PM