Tuesday, July 28, 2009

Playing the DWI Defense Game: Better Questions Yield Better Answers


What never ceases to amaze me in the game of life is the power of questions. People want answers but what they really need is to ask the right questions???

The right question at the right place and at the right time can bring your thoughts into alignment, focus, and ultimately yield incredible answers. The right responses can bring you successful outcomes.

This same thinking permeates the game of DWI defense.

First, RECOGNIZE it's a GAME, it's all a GAME, so be a good GAME PLAYER to WIN!

So, What is their (prosecution's) "evidence" of intoxication?

Yes, cases need to be proven, and they need to proven by the use of evidence. Each case has a set of facts but moreso we have a perspective of a witness or witnesses who will testify. They will not be testifying to mere facts. They will be giving their opinion about those facts by coloring them. What do I mean by coloring? Saying that you smell alcohol, and saying that you smell a strong odor of alcohol coming from the face or facial region are two different things. Yes, Virginia adjectives color. Saying someone was all over the road is different then saying they moved in and out of lane on two occasions within a 2 mile stretch of highway. Pronouns can color as well. Calling someone a defendant or an accused is not like calling them by their first name. This dehumanization is deliberate.

Truth is often a perspective.

It is a biased opinion with or without color. My job as a professional problem solver is to seek out the best perspectives for my client. All facts have viewpoints.

A fact: a person has glassy, bloodshot, and watery eyes on the night or morning of their arrest.


Was it because they were intoxicated or are there other reasons? Other Reasons or Causes yield doubt. Reasonable doubt is common sense doubt or common sense reasons other than they were drunk.

Were they tired? Were they sleepy? Were they sick? Were they suffering from a cold? Do they have allergies? Were their contacts in for too many hours? Were they exposed to smoke? Are their eyes normally like that? Was it because it was 3:00AM? Was it because they were crying? Was it because they just got slapped in the face? Was it because the weather outside was 10 degrees? Was it because their car air-conditioner dries their eyes?

Human beings come in all different shapes and sizes. We are not all the same. In fact, on any given day or time we may react differently to the exact same irritant. Why is this? Because we are dynamic, our bodies are constantly in flux, and our physiologies are continually adapting to a changing environment. Many of the indicators (signs) of intoxication match very closely with those of us who are sleep deprived, over worked, and just plain tired.

If I came to your house and woke you up at 3:00am, how well would you perform on balance-coordination exercises? How well would your brain be functioning? Would you understand my questions? Is it because you are intoxicated or disoriented or tired or confused or scared or nervous? Now imagine you are driving home, it was a nice dinner or party, it is late, you are ready for bed, all of a sudden... blue and red lights, your heart is racing, your throat is in your chest, you are perspiring heavily, we know where this is going...

REMEMBER Your best defense is in asking the right questions.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.



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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

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