Ducks, Probation, and New York DWI

As I sit here alone with my coffee on a lovely Sunday morning I await the Ninth Annual Cascadilla Duck Race. Every year this marks for me and my family the true beginning of Summer in Ithaca. If you have never been to the event it is both fun, and funny. It is held in Fall Creek (where I live and work) and what I feel is one of the most beautiful parts of Ithaca. The day's events (Quacktivities) include a 5k race, food, games for kids, and the "piece de la resistance" ... a race where thousands (3,600 actually) of little cute bright yellow rubber ducks go down over the Cascadilla Falls and bob down the creek. Everyone races after the ducks (participants buy ducks to benefit the 4-H)and owners of the winning ducks (they all have numbers) win fabulous prizes. First prize is a "nest egg" of $500.00.

When I am not watching ducks I am pondering over New York DWI law, studying the DataMaster Breath test machine manual, or preparing defenses. So often people think the worst part of a DWI conviction is a potential jail sentence, which by the way is unlikely with most first time DWIs barring serious injuries or other offsetting circumstances.

I feel that a term of probation would for many people create a very difficult situation. For those adults that value freedom over their own lives and behaviors, having a probation officer supervise and dictate terms and conditions of your lifestyle would not be pleasant or welcome.

Probation usually entails:

Reporting to a probation officer (frequency is dependent upon complaince with conditions)
NO alcohol consumption, NO alcohol in your home, you can not patronize clubs, bars, or taverns that serve alcohol, NO drugs, you must obtain permission to leave the state, you must submit to regular drug screen and/or tests, supervision of mental and drug and/or alcohol counseling and treatment, and you must obtain permission from Probation to get back your full driving privileges (driver's license).

A usual Probation term that the prosecution asks for on a first time DWI is for a 3 year period.
Having a supervisor (probation officer) over see your life is onerous. I had one client that had to submit to a liver function blood test because the Probation department thought he was drinking on the weekends and coming up clean on their tests on Mondays. I thought this was unfair considering that many other factors could cause his liver enzymes to come up high not just the consumption of alcohol. But that is Probation, you lose alot of your rights. I had another client that wanted to leave Tompkins County for a better job opportunity in NJ. Probation would not give him permission to go because they "suspected" drug use.

I am in the protection business, kinda like the mafia, but in a good and legal way. I do not like probation for those who do not need it. I have had the government and their lawyers (the prosecutors) want a sentence to include probation on some of my college educated (professionals, masters degrees, and Phds), clean cut, and hard working clients who merely had a blip on the radar with their DWI arrests. This I feel is an unnecessary and harsh punishment. There are some repeat DWI offenders that have benefited from a term of probation (versus going to jail), and in those situations probation is not a bad option.

Anyway, off to the ducks and the day.