The Anatomy of HOPE

The leaving of the long and bitter Ithaca winter, and of the seeming unending dismality (my word) of the season finally is bringing forth flowers, farmer's markets, and brighter days to the Southern Tier. Doctors, Clergy, and lawyers (you can start the jokes anytime now) all offer HOPE.

For as much as the Laws change, the times change, and people change, some things never change. Every single DWI case has H.O.P.E. Hope is in discovering the truth, and all the weaknesses in the prosecution's case. This brings HOPE to every single DWI case.

Hopelessness is a feeling that nothing will get better in the future. It is a sign of utter futility and giving up. To me it is the saddest, and most despondent of emotions. The truth of H.O.P.E is:

H: The Human Body (your body and it's physiology) is one of a kind, variable, and special. It is never average or normal or the same as everyone else's. How you performed on any machine or any test is based on this dynamic unique body. How your eyes, feet, balance, and coordination function are as different as your fingerprints.

O: Ommissions are as important as commissions. What was left out of the Police report? Fill in the details of everything you did right that night. Did you understand the police officer's Instructions? Could you follow them? Did you follow them? Did you act, and behave appropriately based on those directions? The truth is you did alot right. How much or how little of what you did right was recorded is another story. Proof of intoxication requires proving mental and physical incapacity. Where were you capable? Could you walk unassisted? Could you talk, and be understood? Were your verbal repsonses appropriate for the questions asked?

P: Patterns of Driving are another crucial component of HOPE. What were you stopped for? Was it a failure to use a turn signal? Was it an expired inspection? Was it speeding? In and of themselves, none of these DRIVING PATTERNS indicate an intoxicated driver. Did you pull over safely, responsibly, and correctly when the emergency lights flashed? All good driving patterns before the stop demonstrate "mental and physical capacity to drive as a reasonably prudent driver." People v. Cruz (48 NY2d 419, 423 NYS2d 625).

E: Evidence comes from two main sources in any DWI case, the Breath Machine (the Breathalyzer) and the Police Officer. That is it. The breath machine does not measure alcohol. It measures methyl groups, and adds them all together. There are hundreds of compounds, slovents, paints, and substances that contain the methyl group. The Methyl group also has a varying half life. You might have used paint or paint thinner last week or last month, and still have remnants in your system. Machines have flaws. Machines have limitations. This machine has a Range of Error of 40%. Think about that. Finding people guilty of a crime just based upon a Machine is a dangerous and false use of science.

So in the Anatomy of H.O.P.E. recognize "the truth will never change" and my job is seeking the truth in the evidence being defended.