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| Are you Coherent? from lia.org |
What
comprises a “good” ie. sober mental state in those that have drank and drove?
I believe that the place to begin in a DWI refusal is by
proving mental “coherency.” Coherency is a big word with many layers of
subtext. In studying hundreds of cases of impaired and intoxicated drivers I
have noted two dominant patterns or processes.
1. Was their thinking
in proper quantity, tempo (flow rate), and form (logical coherence)?
2. Did they
demonstrate thought that seemed to be retarded or inhibited?
In examining the
thought patterns of drivers I look at three primary areas:
·
Was their thinking Clear?
Coherent versus incoherent, cloudy, confused, and/or vague versus specific
·
Was their thinking relevant and/or
logical?
Logical versus
illogical statements, relevant and/or irrelevant statements to the topic being
discussed.
·
Was their rate of mental
flow normal for the situation?
Mental flow is
probably the most subjective of the three areas because people all respond or
react differently under stress. The stress of being pulled over by the police,
being questioned and/or interrogated, being threatened with arrest, and being
in custody can be suffocating experiences.
Was your response slow,
normal or rapid? What was your reaction to questions?
Ultimately, were your responses to Police questions, Police
instructions, and Police directions appropriate?
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 400 blog posts, dozens of articles, and over 330 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
607.229.5184
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