Monday, June 13, 2016

Ithaca Watkins Glen Village Court DWI defense lawyer: Why is a New York DWAI Drugs charge so easy for the Prosecutor to Prove?

Watkins Glen Village Court, Newman & Cyr, The DWI Attorneys

Why is a New York DWAI Drugs Charge so easy for the prosecution to prove?

New York State criminal law has an offense called DWAI drugs (driving while impaired by drugs) section of vehicle and traffic law 1192 (4).  This is really driving while under the influence of any drugs other than alcohol.

1192 (4) is prosecuted by showing that you consumed a drug, and that that drug actually impaired your ability to operate a car. We must always look at New York State’s definition of each crime for understanding what exactly needs to be shown to a judge or a jury to define actual impairment.

New York DWAI Criminal Jury Instructions define the charge of driving a motor vehicle while ability impaired by drugs, by stating what the Court gives the jury to define as impairment by alcohol and of drugs. Under NYS law both the offenses of DWAI alcohol (the non-criminal violation) VTL 1192 (1), and DWAI drugs (the criminal misdemeanor) VTL 1192 (4) define impairment exactly the same way:

Impaired Driving by Drugs and/or Alcohol

The NYS jury instructions loosely but clearly paraphrased:

Safe and prudent driving require at all times that a driver be able to think
clearly and act carefully. If a driver consumes drugs and the driver loses ANY EXTENT of his mental abilities and his physical responses BECAUSE OF the consumption of drugs, the law considers that he has operated his vehicle while under the influence of a drug or drugs.

The key words here are "to any extent" loses mental abilities and physical responses they are expected to have as reasonable, safe, and prudent drivers.

New York Criminal Jury Instructions, DWAI Drugs VTL § 1192(4).

A good defense argument may lie in showing no loss of mental abilities and excellent cognition. This may defeat the proving of loss of both a driver’s mental abilities and physical responses.

In light of the subjective nature of police field side sobriety testing which we like to call the roadside agility maneuvers. Even if the police report uncoordinated physical responses to their directions or instructions there may be other reasons besides drugs to account for this.

Many people typically feel nervous, anxious, and scared when under police observation and interrogation. Many people also are naturally uncoordinated, and may have a medical history which may mimic the effect of drug influence.

If you have questions about a DWAI Drug charge or other 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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