We mark the seasons, the days of the week, and especially the holidays by specific dates. Apparently time passes by more quickly as we age. I almost stopped my wife from taking down the tree this past year because I thought wow Christmas came so fast this year why bother (let's just keep it up).
What does all this have to do with criminal law or even DWI defense?
Well imagine we are sitting in a Courtroom and the prosecutor is about to begin their opening statement in a DWI case, they will have a theme, it was New Year's eve, it was Super Bowl Sunday, it was a Holiday! And folks what do we do on Holy-days, we Celebrate! We celebrate special occasions with spirits (both real and imagined). Everyone knows this, it is common knowledge, which makes it that much more relevant. Get it? drinking to excess naturally runs with this special date/day.
So the defense of a DWI has to take this into consideration. To negate it wouldn't be smart. Like all things, everything must be considered when planning and executing a defense.
I prefer my DWIs on non-holidays if possible. It may seem like an innocuous point but people are people. Defending DWI is just better any old day just more difficult on that special occasion.
Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney at Law
504 N. Aurora St.
Ithaca, NY 14850