Saturday, April 20, 2013

Why am I in Love with My New Faucet? The Cagney and the New York DWI Refusal Case

They say "Moen for life" but I've had three Moen faucets (kitchen plumbing fixtures), and nothing but issues. So I jumped ship to a brand called, Pfeister. The things that I seem to love most in life are both simple and elegant:

Dark chocolate
My wife
A great faucet
and the New York DWI refusal case

THE Cagney
Please don't call it a faucet, it is a water station!

First my new faucet (I meant to say water station), I'm even kinda glad that the old one died on us. This kitchen faucet is like the iphones of faucets. It has a beautiful and simple design. I love looking at it at different times of the day. Shapely and curvacous. To turn it on is so smooth it makes washing dishes an experience.

The Simple Refusal Case

One of things I love about the New York DWI Refusal is we usually have only one criminal charge,
the Common Law DWI, VTL 1192 (3) to deal with. Simpler yet, they (the police) must by a degree beyond a reasonable doubt prove:

Intoxication NOT impairment

Impaired and intoxicated, when does the one become the other?

Gradually by steps, cumulatively, we can add behavior up or distract it down for in the end or as some love to quip "at the end of the day" it is merely, AN OPINION. Nothing more or less than that. How much value or weight a jury or judge gives to a behavior or an appearance or the driving is a matter of perception. 

Odor of alcohol tells us nothing but the consumption of alcohol.
Bloodshot, watery eyes mean nothing without a baseline of appearance or a time of day.
Incoordination on roadside agility tests are all up for interpretation.

Lawrence (Larry) Newman
Attorney and Counselor at Law
Doctor of Chiropractic

504 North Aurora Street
Ithaca, NY 14850