Showing posts with label ithac defense attorney. Show all posts
Showing posts with label ithac defense attorney. Show all posts

Sunday, September 3, 2017

Ithaca DWI Lawyer: How the Judge Instructs the Jury on Breath Testing Part III

Jury Instructions are a critical part of any trial. They are the directions from the judge to the jury. He instructs them in what the law is and how to apply it legally. Remember, trials are about legal guilt and legal innocence or they should be.

There are NYS jury instructions about
DWI (chemical) breath testing 

Getting the jury instructions right and ensuring that the jury understands them is a concerted effort. The defense attorney must outline and argue their defense in light of and in accordance with the law. The law is the instructions. The instructions are the legal definitions of impairment, of intoxication, of operation, and accurate testing. It is in fact what they should consider with each and every element of the DWI case.

What must the jury be instructed about chemical (breath) testing?

What can the jury consider when looking at the chemical test result number (BAC)?