Ithaca Lawyer The Map is Never the Territory

Uneven Surface, Can You See the Imaginary Line?

Gravel, Imagine Walking it Barefoot

In my practice of DWI defense law no two cases are exactly the same. Any lawyer who says well it's just a "garden variety" DWI is sadly mistaken. A successful DWI defense, or any defense for that matter is a question of looking through, or at the details of the day, the driving, the stop, the arrest, and the post arrest police documentation. Events don't take place in a vacuum.

There is always a chronology, and there are "stories." One version of the story will be through the eyes and senses of the arresting officer, another version of the events will be through the eyes of the accused.

My Criminal Defense Lesson from the Movie Ronin 

I am a big movie fan. I love Robert DeNiro. When great actors like Deniro are coupled with amazing dialogue movie magic happens.

In the film Ronin, DeNiro is going over the details of a bank heist, all the guys are gathered round, and as he is going over the map he STATES loudly and slowly, "the map is not the territory." DeNiro wants his men to canvas the scene, he wants them to walk, drive, and feel the target location.

On Cases I Am Analyzing I Visit the Street/Road/Place of the DWI Arrest

In order to completely defend the charges of a DWI (or any crime) an attorney MUST visit the scene. This is the place of the FSTs (Field Sobriety Tests), and the arrest area.

How was the road? How was the sidewalk? What were the lighting conditions? What was the weather like? I want to know the type of clothing worn. I want to know the type of shoes worn.
Under what conditions did the accused have to perform these tests? If I go too late things can change, like the trees and the views.

My mind races for this is the beginning of the raising of reasonable doubts. These things are what I consider the potential and the possible, the many common sense reasons besides intoxication for BAD performance which in the Police Officer's estimation led to an arrest for DWI.

http://www.ithacadwi.com

Dr. Lawrence Newman

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184