The DWI Success Formula

As I am about to impart on my 3rd TLC this year, that's not TLC as in tender loving care but Trial Lawyer College regional seminar. This one is outside of Seattle, WA. Nothing like the Ithaca to New Jersey puddle jump hop, and then onto a real plane in Newark.

I like to learn and grow. It's been said, "that if you're green you're growing, and if you're ripe you rot. Success at anything leaves clues. I go to a restaurant in Lenox, PA called Bingham's. Just a small hole in the wall with deer heads on the wall. They make great pies, and the best turkey club this side of NYC. Their secret... fresh turkey, crisp quality bacon, and homemade bread. That is a success recipe for an incredible club.

There are successful formulas for just about anything. I believe the formula for greater success in DWI defense practice is to keep looking at the case from different perspectives. Reading through the police report over and over (one perspective), talking to my client (another perspective), visiting the scene (what can it tell me), re-enacting the night, and then seeing the case as a story made up of many smaller stories.

What doubts (honest and reasonable) can be raised concerning the government's evidence?

Are their conflicts in proof? Do the times of the events jive? Do things fit together or do they seem askew?

Sometimes justice and fairness are merely a feeling. Can I make the jurors sense the injustice in my case? Has the government (law enforcement) betrayed my client's trust by not following proper procedures? Have my client's constitutional rights been violated at any juncture?

Superficial reading of reports or quick black and white answers do not cut it in the world of criminal defense. I live and practice my art in degrees and subtle shades of gray. Success is in immersion. Being inside my case gives me greater "insight" to defend the charges being brought against my client.