My curse or blessing is that I am always thinking. My mind is processing and sometimes my hard drive is so engaged I lose track of place and/or time. One thing that time allows is the ability to see things anew. I remember my college days of first drafts, and long hours in a chair. But first drafts like first anythings are merely openings. True "ah hah" moments occur long after those initial efforts. Putting papers away, taking a break, catching a nap, or going for a drive create a gap between not only "the work" and "your life" but your perspective as well.
When I sit down with my clients and review their police reports they initially go through all the stages of loss (anger, denial, acceptance, bargaining). The truth is it is merely an opinion of an event. Once I explain what I am looking for, reading in between the lines, and seeking the complete picture they begin to lighten up. In fact, their posture often changes immediately from a slump to an upright position.
What was NOT written is as important if not more important as what WAS written. Nobody (police officer) is going to write a perfect report. Often there are flaws, inconsistencies, and errors. People love to use adjectives, but often adjectives are conclusions not observations.
For instance, the BIG THREE:
1. ODOR of alcohol
2. Slurring of speech
3. Bloodshot/watery eyes
1. The "strong" odor of alcohol means what? Does it mean you had alot to drink? Can anyone tell the amount of alcohol based upon an odor? That is like saying I can tell how clean you are (your level of hygiene) by the smell of your cologne, hair product, or perfume. The odor of alcohol coming from your breath means one thing, and one thing only, you consumed alcohol, period.
If you told the officer that you drank that evening what has it (odor) added to his investigation? Nothing. It does not indicate DWI. It indicates Consumption of an alcoholic beverage. Nada mas!
2. Has this officer ever heard you speak before? Does he know how you normally speak at 2:00AM? Does he know how you speak when you are tired or are suffering from sleep deprivation? Is there anything that you said to him that he did not understand? Did he ask you to repeat any words or responses? Were you able to provide him with intelligible and articulate responses to all his questions? So what is slurring? Is it the elongation of syllables? I am not a speech pathologist, and neither is this officer. We are all different. We all speak different, walk different, and talk different. Our muscles (both large and small) tense and lock up when under stress (a traffic stop/police encounter). It is common knowledge that people that are anxious and nervous do not speak as fluently. Public speaking is the number one fear. Situational stress and physiological adaption are real and NORMAL.
3. Everyone's eyes have a certain degree of moistness. Are your eyes red because of a cold, allergies, tiredness, exposure to the cold, wind, or do you suffer from "study syndrome"?
All kidding aside, I just made up the diagnosis of study syndrome, but sitting in a library or room writing papers for hours can make your eyes look pretty bad. Having a fight with your boyfriend, parents, or roomies can also make your eyes red and mad. So what does the observation of bloodshot/watery/red eyes tell us? Is everyone with watery eyes drunk? Are your eyes "very" watery? Compared to what? Compared to who? Dos it mean you are DWI? Of course not, it means you are NORMAL.
So there you have the BIG THREE, in any trial those are the first alleged observations that need to be cross examined thoroughly. If not dealt with, Jurors expect (and envision) someone from the show cops. You know those fall down, barely standing, drunk out of their mind, yelling lunatics. Those people are off the charts when it comes to BAC (blood alcohol concentrations).
Sometimes it is not as bad as you think it is or sounds!
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