Friday, June 14, 2013

Baby Boomer, Alcohol, and a Stop = Police DWI Suspicion?

Police Suspicion: A "feeling or belief" by law enforcement that someone is guilty of an illegal, dishonest act, violation, or crime.

We supposedly live in a country where you are innocent unless proven to be guilty of something. Unfortunately these days it is reversed. Guilt hangs over us, like a dark cloud. Everybody walks, talks, acts, drives, and drinks with an underlying or overlying suspicion. As a favorite judge of mine loves to quip about those charged (alleged) with crimes, "they must be guilty of sumpin'?"

Yes, we are the walking wounded, and the driving guilty. Even after just one drink we become suspicious, even though it is legal to drink and drive, just not to be impaired and drive, or to be intoxicated and drive.

Today I focus on the baby boomer because I am one, but the overweight, the overtired, the uncoordinated, and the anxious will all be in the same boat. Anything that limits our ability to perform under pressure is a DWI liability and handicap. All problems associated with an aging body will suffer at the hands of a DWI investigation.

First Question after a POLICE STOP:

Have you been drinking?

If the answer is yes, then game on. Any and all of your behavior is suspect. You are now under the harsh lights and about to receive close scrutiny.

When do the Police switch to DWI mode?

Police Investigation for DWI begins the moment they smell it, you admit it, or they think it.
DWI mode may even begin before they pull your car over if it is late, if you are leaving a bar, or if your driving is erratic.

You are now guilty until you prove your innocence. You are now "A Suspect."

These days I caution people, especially baby boomers against "any" drinking and driving. The combination of your maturity, chronic tiredness, and alcohol can present a bad case. What you might call a Suspicious Situation.

Going from the dream to the nightmare.

You are having a spectacular day. The weather is perfect. Visiting the beautiful Finger Lakes wineries, and having a taste here and there. Sampling the local flavors. Between the Ithaca restaurants, Cayuga Lake Wineries, Seneca Lake Wineries, and cheeses you could lose yourself in the day. There are so many places but visit too many and/or lose track of your speed and/or get lost and your carefree vacation is about to shift.

A Moving Violation Plus Alcohol = DWI Suspect     

Being a suspect is horrible. Everything is seen through a prism of guilt. Nothing is believed. You are behind the eight ball in their game with their rules. A game that is loaded, baited, and set up for you to ultimately lose.

So enjoy our area, our resources, and soak up the beauty but use car service, taxi, or a designated driver. You want to avoid having to prove your innocence.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law


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