Ithaca Elmira DWI defense attorney: Can they Prove DWI by Circumstantial Evidence in NY?

Inference chart, courtesy of slideshare.net

Can the Government Prove DWI 

by CIRCUMSTANTIAL Evidence

in New York?

Evidence, evidence, and still more evidence that is what runs, decides, and focuses prosecutions of DWI cases. Crimes must be proved. They (the government) can't just say you did it, they must prove you did it. It's truly what the constitution is all about. It's what separates us from street justice, and the law of the jungle. In all those bad movies, the leaders loosely decide who did what based upon a feeling, an awkward facial expression, or very weak or even non existent evidence. 

What is the Evidence of Driving (Operation) in a DWI Case?

Well, I always like to begin with the end in mind because that tells us where we need to go or where they (the government) need to go. 

What must they prove or show or demonstrate as evidence to make their case of your operating for a New York DWI?

First, they must prove you drove (or in New York State we say "operated"). They must prove your operation, but it is a far wider element than you might imagine. All crimes break down into their various elements, with DWI one element is operation, and another major element is intoxication. Operation doesn't necessarily mean you drove -although most of us would agree it should- in order to be fair.

Two Types of DWI Evidence of Operation: Direct and Indirect 

Evidence comes in two varieties: direct and indirect. Indirect is also referred to as "circumstantial evidence" because it generally involves the circumstances. Think of circumstances like points of view or perceptions of people looking at something. What might they think about it? Is it open to more than one interpretation? You being outside next to a car -could it mean you are admiring it? Just drove it? Were a passenger in it? You can infer (make a guess) about many things...

That is circumstantial evidence.

With a New York DWI, direct evidence of operation means the police saw you drive, or they stop you after you were driving, or they come to the scene of an accident where you drove.

Circumstantial Evidence is up for Multiple Interpretations

After direct evidence, we can get into circumstantial evidence of operation: you are sitting behind the wheel with the car running, keys in the ignition, engine still warm... and then it all can get a bit fuzzy. 

What if the keys are not in the ignition?

What if you are slumped behind the wheel?

What if you are sleeping in the front seat?

What if you are not even inside the car?
What if you are two miles down the road?

What if you are inside your house when the cops show up?

What if the car heat or a/c is on, but you're in the back seat? 

One of our latest New York DWI cases in Sullivan County stretches the bounds of operation, and circumstantial evidence of operation through police testimony.

Can We Have a DWI with No Driving or even a Car Pulled Over?

This is what went down in People v. Hryckowian. The police stated they went by a parking lot at 2:15am, and no car was there matching yours. They then drive by at 2:30am, and your car is there... the court called that circumstantial evidence of your operation. This was even though you were not in the car, the car was off, keys were not in the ignition, and you were standing outside the car.

The Court found that legally sufficient to prove DWI operation (driving).  

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

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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.

*Attorney advertising