 |
| Ithaca College Cornell Commons Sign in Ithaca, by Newman & Cyr, The DWI Attorneys |
Ithaca Cortland DWI Lawyer:
Making Excuses or
Presenting a Defense
Just the other day, I was accused of all things of making excuses for a client. Silly I thought that a person would categorize a defense attorney's strategy as "making excuses." I stand ready to defend my position of presenting innocent explanations for behavior that some others may view as criminal.
Weaving is Not Always a DWI
If a car is weaving over the road there could be many reasons for this behavior besides drunk or impaired or high driving. Firstly, no one drives perfectly straight down the road way, we are constantly correcting for road imperfections, and tire responses to those surfaces. That is normal.
1. Any inattentiveness can cause a driver to weave upon a road. This can as simple as a moment to change a radio station or turn up the air conditioning.
2. Distractions are a normal part of day to day driving. Phone calls are legal with a blue tooth in New York but the effect upon the driver is distraction and potential weave. People eat while driving, sing while driving, drink coffee while driving, smoke while driving and while all of these activities are legal they are distracting. Often these distractions are compounded at night due to lighting conditions or weather conditions. Any distraction can cause a weave and then a correction for that weave.
3. If a driver notices a police car following them this can increase their nervousness and anxious driving behavior. It is harder to drive when your heart is racing or you are looking in the rear view mirror. The same thing happens to some people when they visit a doctor. Doctors cannot diagnosis blood pressure due to one high reading, it takes three separate visits. In a doctor's office "white coat fever" much like black and white (police car) fever can cause high blood pressure.
4. The condition of a car can even cause it to weave upon the road. Tires that are bald or not inflated properly or tread that is unevenly worn can cause the car to track irregularly and weave. Car suspensions with problems from the shocks to the struts to the brake pads can all affect a car's performance and balance.
5. Weaving behavior can also be explained by a bad road. Roads that are pot holed and torn up can cause cars to weave and pull. Some cars with all wheel drive are more prone to road surface issues than rear wheel drive cars.
So part of my investigation as a DWI defense attorney is to rule out all these innocent explanations for weaving because they are all plausible. Not every weaving driver is drunk and DWI.
If you have questions about a DWI case or a DWI Refusal case in New York, call us: 607-229-5184
or find us online: www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
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.
*Attorney advertising
