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How Important is TIMING in your
New York DWI defense?
We recently defended a DWI case with an accident. There is nothing unusual about that, but was out of the ordinary was the time of day that the accident occurred. It was at 3:00 in the afternoon.
When Do Most Ithaca, New York DWIs Happen?
Most of the DWI arrests (most not all) happen in the wee hours of the morning on the weekend. Yes, it is true weekends are when the fun happens, and as my kids will tell you, nothing exciting is going on before 11:00pm. Unfortunately, I am at a point in my life that I am in bed by 9:00. As sad as that sounds, most bad stuff happens statistically between 10pm and 4am.
Why most DWIs, disorderly conduct charges, and criminal mischief, etc. happen is because people are drunk, high, and tired at those late hours. Mental judgment is at an all time low when you combine drugs plus worn down batteries.
People function worst when they are fatigued. Even tired driving can be worse than drunk driving.
The Weekday 3:00 in the Afternoon DWI Accident
So what does it mean if we have a 3:00 in the afternoon car accident, and DWI arrest on a week day? This was not coming from a party, a bar, or even a special event. Most people can understand the birthday DWI or the holiday DWI, but the week day afternoon DWI is troubling to many people.
Why is the afternoon week day DWI a problem?
First, it means a few things, someone began to drink or drug at a very early hour of the day. While we don't know or would have a hard time proving when they started to drink or stopped drinking or even what they did drink - it is likely that this person began to drink and/or drug before noon time if they had accident at 3:00pm.
Second, it means that many more people and/or children could have been placed in danger at that hour of the day, and day of the week. Fewer people are out on the road at the early morning hours on the weekend.
Lastly, it means that we may have a person with a true problem. Early day or week day intoxication is an indication of a problem drinker. This is less likely a blip on the radar, out of the ordinary occurrence, and more a pattern of bad behavior.
Understanding all of this, and the judge's and prosecutor's mindset before waging a DWI defense is important to not only recognize but to prepare for....and to start that client's defense immediately.
If you have questions about a DWI case in
NY, call
us: 607-229-5184
Or find us online! www.ithacadwi.com
www.watkinsglendwi.com
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BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been 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.
*DISCLAIMER: If you or a loved one has been 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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