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| Proving whether or NOT you were Hammered is Really the Question? |
This is the last of four posts in a multi-blog series on New York Jury Instructions on DWI. The importance of what the jury instructions mean to any case can never be underestimated. Any case moving to trial (and we must assume that to be successful) MUST begin with the end in mind.
In a civil personal injury case we must prove liability and damages. In a DWI case we must defend against the charge and the sub-parts to each element of the offense.
In a DWI or DWAI drugs case this means:
1. The driving (operation)
2. The testing (breath or blood)
* Police testing can also include a DRE (drug recognition evaluation) and/or FST (field sobriety testing)
3. The legal definition of intoxication and/or impairment by alcohol and/or a drug
What is the legal definition of INTOXICATION in New York?
Can you be found legally intoxicated without a BAC test?
