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| 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
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
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.
*Attorney advertising
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
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
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.
*Attorney advertising
