The DWI Twilight Zone

I am a big fan of the old twilight zone so I was excited to see a new version of the series on TV the other day. The old series with Rod Serling (Rod used to teach at Ithaca College and his remains are in Interlaken) was well written and made you think. I love the idea or concept of context, whether taking things out of context or having a juxtaposition of events, in other words I do like clever surprises. Rod Serling would be the narrator/interpreter/guide to this place of confusion. The series would teach lessons about life and judging things too quickly. Good was bad and bad was good depending upon your frame of reference. As Rod used to say, "there's the signpost up ahead, the next stop the twilight zone."

Much like those poor unfortunate people moving through confusing patterns on TV's twilight zone, I often tell my clients that they can only see their case (their DWI)in a vacuum. I have an advantage (much like Rod) because over the years I have seen a large spectrum of DWI cases. I have taken many people on the DWI journey, from beginning to end, and as a result of this I can give them a bigger picture. I can view and compare their police report, their driving pattern, and their behavior pattern in relation to current standards for probable cause and current legal standards for intoxication and impairment. I say "current" because the law is dynamic. It is not set in stone. Cases are challenging the boundaries of law in New York as well as other jurisdictions. What is true today may not be true next year or next week.

One thing is always a certainty, within the array of facts are the good facts, the bad facts, and the ugly facts. I can often live with (work with) the good and the bad facts. For instance, you exited your car with no problems, understood directions, handed over your driver's license and not your credit card, or you failed to use your turn signal, or you were speeding. It's those ugly facts that get me, you fell down and couldn't get back up, or you confessed your guilt, and then wrote it down and signed it (yes, police can sometimes get people to do this).

Some cases clearly fall into the more good than ugly fact category, some clearly fall into the bad and ugly fact category, but the vast majority fall into the twilight zone. It is not purely black, not purely white, but a hazy gray. It is within this area that a DWI defense attorney must look at the details carefully. Strengths and weaknesses sometimes grow from the same vine (fact pattern).

As a DWI defense lawyer I recognize that my clients do not appreciate surprises so I try hard to prepare them for all potential scenarios. The problem is that No one (yes, no one I know) can completely predict the future or within the DWI arena, how a jury will judge a case, which is really a set a facts viewed through specific perspectives and filters. Any attorney or other professional guaranteeing a specific result should be avoided. My big disclaimer, I make no guarantees of outcomes, it is impossible, other than I will do my best.

BUT that said, when you work within a certain specific area long enough and hard enough you can predict outcomes with a higher degree of accuracy. You know and understand the possibilities and probabilities. Much like other professionals who buy and sell properties, stocks, and bonds. These calculated and weighted opinions while not always correct, are enough to make important decisions by and through.

I like to tell people you can be your own doctor (self diagnose and treat), you can be your own CPA (calculate and assess your own taxes), and even your own lawyer (although most judges will usually not allow this with those facing criminal charges without substantial proof of your education, ability, experience, and background) but you will usually have a much better outcome with someone who knows what they are doing and does it professionally. I have seen people as a doctor misdiagnose their conditions and hurt themselves through using improper treatment. I have also seen people as an attorney who ask their friends and family for legal advice. It can get ugly watching them squirm in Court. As the saying goes, those that act as their own lawyer have a fool for a client. The smartest lawyers do not try to be their own lawyer.

A good lawyer will do a cost benefit analysis that takes into consideration the client's goals, their current positions, and their tolerances. Options are the most important part of my discussion with clients, and viewing those options while taking into account the totality of "their" situation. Answers are not always simple or easy, and that is why having someone on your side with a larger (big picture) overview can often make the difference between being stuck in the DWI twilight zone or moving past it.