The Sesame Street DWI Defense

Well it is the 40th Anniversary of Sesame Street. How do I know this? Google is a great teacher. My Google home page often displays something unique and different. Many days my curiosity leads me to click the current icon, and learn something new.

Sesame Street has been on TV since I can remember. It has helped to raise and educate millions of children. It has been said that Joe Camel is one of the most recognized symbols in America after Mickey Mouse. I would argue that Big Bird, Elmo, Ernie, and Cookie Monster are all close rivals.

I learned a Sesame Street DWI defense from a fellow DWI lawyer named Bruce Kapsack who practices in California. Bruce has a great book detailing many defenses he has used to win drunk driving cases. It is called, "Innovative DUI Trial Tools." http://www.kandblaw.com/

One of these defenses Bruce talks about in his book is called the "Disconnect Theory" or as Sesame Street sings, "One of these things is not like the other, one of these things just doesn't belong."

One of These Things (Is Not Like The Others)

Words and Music by Joe Raposo and Jon Stone
One of these things is not like the others,
One of these things just doesn't belong,
Can you tell which thing is not like the others
By the time I finish my song?

Did you guess which thing was not like the others?
Did you guess which thing just doesn't belong?
If you guessed this one is not like the others,
Then you're absolutely...right!

The defense is: If we have a breath test result (high BAC of say >.12) that doesn't match up with the client's behavior, driving, stop, mental function, walking, and talking then this BAC NUMBER is a mismatch (it doesn't belong). Coupled with the facts of the case, ie. the client never used the bathroom after the time of the arrest. How is that possible if he is alleged to have had so much to drink?

Here we have the making of reasonable doubt that the machine's BAC number is NOT accurate, reliable, and valid. All proof in the prosecution's theory must add up. If the totality of the situation just doesn't add up...

Inaccurate machine results lead to wrongful convictions!