Ithaca Cortland DWI defense attorney: The Dangers of SEVEN New York DWI Presumptions!

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The Dangers of Seven New York 

DWI Presumptions

New York State has lots of presumptions built within our DWI laws. These are in place to simplify the process. But do presumptions do us more harm than good? After all, isn't a presumption really an assumption dressed up. Kinda like putting lipstick on a pig, its still a pig.

Personally, I don't like assuming things. In the area of criminal defense, I certainly don't like having jurors being told they can assume things. Making assumptions that will mark a person for life as a criminal is dangerous. 

New York DWI Assumptions are Not Just Numbers

1. You are presumed intoxicated at .08 Blood Alcohol Content

2. You are presumed impaired at .06 Blood Alcohol Content

3. The breath test operator is presumed to have given the test right (correctly) and followed all the proper procedures if he has a valid breath test license.

4. The breath test machine is presumed reliable just because it is on the list of recognized devices.

5. The breath test result is presumed accurate if it is taken around two hours from your DWI arrest or your taking the roadside (preliminary) breath test.

6. You are presumed to be conscious of your own guilt if you refuse to take a police breath or blood test following a DWI arrest.

7. The breath test paperwork, numbers, and documentation is presumed accurate, reliable, and not subject to being hearsay in a DWI case. The jury gets to take it back into the jury room for discussion.

Always Rebuttable Not Irrefutable

Now all these presumptions can be challenged thats why they are called rebuttable (you can rebut them). We must as defense attorneys refute them, dispute them, contest them, and question them. It is crazy to just allow them to jump to conclusions. Conclusions about and concerning a person's legal guilt and their legal innocence should never be assumed. 

Overcoming DWI Assumptions Begins with Revealing Them

The basis of any truth comes with uncovering lies or mistruths. Conclusions belong to those who have heard, have seen, and have studied evidence. Conclusions don't belong to those who jump to them. The fact finders are also the fact weighers and the "fact checker outers." It's time for people to be given each and every reasonable doubt before being pre-tried (assumed guilty first).

Assumptions with anything hurt us all in the long run. I think it starts off a DWI defense with more to overcome- like giving an opposing team yardage or more basketball players to a single team. A fair playing field demands transparency. I think people have to see Assumptions as what they truly are... "making an ass of u and me."

If you have questions about a DWI case or a DWI Refusal case in New York, call us:   607-229-5184

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BY Larry Newman, D.C., Esq.

NEWMAN & CYR

Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.

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