Ithaca Cortland DWI defense lawyer: Why CAN'T it be about the Machine in NY DWI Defense?

WHY CAN'T IT BE ABOUT

THE MACHINE

IN NEW YORK DWI DEFENSE?

In New York DWI defense we usually have a breath test. Most people submit to giving a sample of their breath. That means we have more than one DWI charge. We have the “per se” DWI based upon the amount of alcohol in your body while driving. 

That also means that a judge and sometimes a jury is going to hear a number. It may be way over the legal limit or just barely over but nevertheless this BAC number will need to be dealt with.

Judges Give Direction and Instruction on the law

It’s a well known fact that juries listen to judges. Afterall the judge is to instruct the jury on the law. How it should be applied? What they should use for definitions? Terms like impaired, intoxicated, reasonable doubt, evidence generally speaking need a judge’s  explanation. So naturally juries trust judges to help them make their big decision.

What will the Judge tell them about the New York Breathalyzer?

When it comes to the breathalyzer, the judge will tell them a number of things:

1. This is a recognized and accepted machine to measure blood alcohol concentrations.

2. This machine is reliable if used properly.

3. That the measured BAC number can be considered as evidence in making their determination of impairment or intoxication.

So any DWI defense attorney that starts out by arguing that this machine is crappy, is unreliable, shouldn’t be accepted, or believed is going against the grain completely. This strategy is generally a loser.

The better defenses are in a number of other areas:

First, this machine only takes one sample to determine the BAC. To make a diagnosis of a disease or do anything of importance it is generally accepted to take multiple measurements.

Second, all people are different. This is a machine that is set up for the average person. Well the average person is Chinese, dead, and a woman. If we are merely looking at the average person then there are more female, more Chinese, and more dead people on this planet than any other type. 

Lastly, this machine is set for a body temperature of 34 degrees, while the majority living beings expel breath that is hotter than that. Just like the fast and far travel of a hot cup of coffee, hotter breath can mean a higher BAC number. 

If you have questions about a DWI case in New York, call us:

607-229-5184

or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

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BY 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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