Is Your NY DWI Lawyer's Belief System Important?
I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to think, to reflect, and to question.
I feel extremely fortunate for my time here, my practice, and my opportunities. I have had 23 years of practicing both as a Chiropractic Physician, and as an Attorney at Law. Along the way I have had the pleasure and pain of helping thousands of people get through some of the worst times in their lives. I am at heart a caretaker. I am good at helping people heal. Whether with a word or a touch, it is my gift and ability.
I love to learn. What I have returned to again and again is that a person's beliefs will truly control and direct their destiny. At it's core, belief systems can be a series of convictions. Things that people are convinced about. They will fight to maintain them, and to honor their truth.
How many things do we believe in that are "true"? Only later to discover are false. They are propaganda, they are the ideas of others that we have bought into.
I caution those that pick counselors, choose leaders, and hire advisors to first find out what those people BELIEVE.
What does your doctor believe? Does he believe in the miracle of life and love? Does he believe that everything he was taught was fatal, actually is? Does he believe that the mind can affect the body? Does he believe that natural cures and remedies could work? Does he believe that everyone fits in the same box and should receive the same medicine? Does he buy into the value of rest, fresh air, and exercise? My father's doctors all smoked, and were overweight. They cautioned me about doing too much exercise. My father died of a third heart attack at the young age of 51. All his "trusted" doctors, his health advisors died early just like he did.
Now think about this for a moment, this is your doctor, and he is going to advise you, he is going to recommend treatment, he may even render a surgical opinion, how important is his belief system to the ultimate outcome of your care? It is everything! How he feels about drugs, food, surgery, and all else will color his advice to you.
Now take that understanding and perspective to the attorney that is going to represent you.
What does your DWI Defense attorney believe? Does he believe that the breath test is a very accurate, reliable, scientific, and valid measure of blood alcohol concentration? Does he believe that field sobriety tests are fair? Does he believe that the police officer's opinion, and his report are the truth?
I have met many attorneys whose belief systems are defeatist. They are sunk before they even begin. Where can you possibly go if you BUY into the prosecutor's machine result? What can you possibly argue with any heart or passion if you believe that your client is guilty as charged?
The reason why the best (I use that term with caution) DWI defense attorneys go to seminars (on the breath machines and field sobriety tests) is not only to gather knowledge BUT more importantly to topple belief systems. To challenge the reliability, accuracy, and validity of "objective" evidence. To change their minds about possible versus probable. To discover and uncover the natural and persistent doubt that goes with a great defense of the government's proof.
In my opinion the best DWI defense lawyers are SKEPTICS. They want to be shown, they are doubters, they are devil's advocates, they are in a word "difficult" and hard to convince.
What your lawyer and your doctor believe is very important to you and your future.
This is what I believe:
1. Machines are not perfect. They make mistakes. Even when they work perfectly they are subject to error. Often the people that use them use them incorrectly. Breath testing is convenient and cheap, it is not scientific, accurate, or reliable in it's current form.
2. All DWI cases must be looked at in detail, and the evidence must be gathered so that the situation can be looked at in the TOTALITY. How I feel about a case or advise a client will turn upon a full, fair, and realistic evaluation of everything.
3. Opinions are just that. A viewpoint, and a perspective, that have a bias, and that are highly subjective.
4. Lawyers need to understand what is important to their clients. My job is to guide, advise, and represent "their" interests being mindful of "their" values.
5. What people want, and what they can have may be world's apart. While lawyers can predict outcomes, we certainly cannot guarantee them. Many things are outside of our control. Judges, juries, and facts beyond change (accidents, prior convictions, chronologies, etc.) can impact final outcomes. When it comes to legal matters, You may want the cheerfulness of an optimist and hate the opinion of the pessimist, but what you really want is the advice of a realist.
Always ask your doctors, and your lawyers what they "believe" before you hire them to help you.
Questions and Answers
Article Tags:
dwi
,dui
,legal
,breath
,test
,defense
,lawyer
,attorney
,new
,york
,ithaca
,definition
,crime
Understanding the crime of DWI begins with knowing the legal definitions of words. Legal guilt and factual guilt are not the same thing and should never be confused. This article explores and explains the true burden the government must prove to sustain the criminal charge of driving while intoxicated.
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
In Colorado, common traffic violations and points assessments can have serious consequences for most drivers.
An experienced DUI Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A Jacksonville DUI lawyer mostly deals with DUI matters and knows the process inside and out - including options that a public defender may not tell you.
Leading criminal defense lawyer explains why you should say no to breathalyzer and field sobriety tests.
San Antonio is one of the most visited cities in the state of Texas (The United States) and the drunk driving and DWI law is quietly difficult, so if during the facing charge of serious case you should consult to an experienced lawyer.
The first order of business in any DWI case is dealing with the loss of a driving privilege. Fortunately, New York State does offer hardship, and conditional privileges to those charged with DWI. The best way to obtain these privileges and transition from full to restricted license privileges is fraught with pitfalls. Asking the right questions and evaluating your unique situation early can help you get through this process with less loss of time, money, and aggravation.
On November 18, 2009, Governor Paterson signed into legislation some of the toughest DWI law in the nation. What is the potential impact of this new law upon first time offenders? What DWI consequences are not spelled out but are clearly going to apply to first time DWI offenders?
Words can be extremely powerful tools. They can move people both figuratively and literally. What words an attorney uses in the Courtroom can persuade jurors and ultimately the outcome of your case. This article explores the use of specific words to defend a DWI case.
When attacking a NY DWI charge we must first begin by looking at what the District Attorney (the Prosecutor) needs to prove. Beginning with the end in mind means understanding legal burdens. Much like a football game, the best defensive strategies must be tailored to the opposition's offense.
Discuss this Article
