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Thứ Bảy, 2 tháng 3, 2013

Ithaca Lawyer Defending the NY DWI with The Police Alphabet Test


Alphabet test, OMG, from joyreactor.com

Sometimes I muse it might be fun being a cop. Why you ask? 

1. They get to command, direct, and instruct people as part of their investigative power. 
2. They get to make shit up. They can lie, and they can use their imaginations to get to the truth.



When it comes to DWI investigations they get to make up their own tests. These are called the 
NON-standardized field sobriety tests because they have NO standards. There is no procedure, instruction, scoring, or method by which we can all agree that someone passes or fails. It is all up to the individual police officer or trooper to decide. How fun is that?

One such test they love to give is the Alphabet test. I have even seen officers give this to foreigners (people whose 2nd language is English). They usually begin by asking people what grade they completed and if they understand English. 

Ithaca Police or IPD, from centralny.wnn.com
1. Alphabet must be said not sing songed. 
The police do not want to hear you say the alphabet as you learned it as a child. This is too easy.

2. They will pick a specific letter to start and end with. This is usually not letter "a" to letter "z." Again way too easy. They will usually pick letter "j" to letter "u."

3. They will want you to begin when they instruct you to.

The alphabet is one of those non-standardized tests that I like for a number of reasons.

1. Even drunk (impaired) people can remember their alphabet. It is so ingrained in the brain.
2. You can usually speak the pronounce the letters articulately. The officer can generally understand you because they know what comes next and know the sequence.
3. It can demonstrate your memory, your alertness, and your cognitive abilities. 
4. Your performance can attack police testimony that your speech was slurred or that you were incoherent.

All in all, I prefer the police alphabet test over many of the other "made up" sobriety tests. 

Larry Newman, D.C., Esq.

newman.lawrence@gmail.com
 607-229-5184

Thứ Tư, 8 tháng 4, 2009

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.



Dr. Lawrence Newman
Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

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