The DWI defense of drinking after driving
There are many defenses to a DWI, this video highlights the defense of drinking after the driving.
With a one car accident, unwitnessed driving, and with no statements by the accused the police are going to have to combat this defense with more than just their assumptions.
The Police and the District Attorney will assume you were drinking before you were driving, that's how we have Driving WHILE Intoxicated charges.
What if there are empty cans and/or bottles in the car or truck?
What if you said "I drank after I landed in the mud, the ditch, or the tree?"
What if indeed?
The facts can then point to drinking POST driving, and not a true DWI.
The specific circumstances and situation of every DWI vary on a case by case basis.
Always consult with a DWI attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
The 9 Most FAQ About NY DWI, here:
The New York Up State DWI Survival Guide, here:
Winning The NYS DWI Refusal Case, here:
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.