Sunday, February 19, 2017

Ithaca DWI Lawyer: Can You Get Tickets Expunged from Your Driving Record?

The amount of scrutiny people receive these days before being offered a position is staggering. Not only are they doing drug screens but they are requesting fingerprint criminal background checks as well. Many companies and organizations are also checking driving histories as part of a pre-employment background check.

Do you have traffic tickets on your history? Is it possible to clean up your New York State driving history? Can you get tickets or charges removed after a period of time passes?

Saturday, February 18, 2017

Ithaca DWI Lawyer: Transforming the DWI Villain

I Love Potatoes but for Years Vilified Them

So many things get vilified. I am guilty of casting the poor potato in a bad light. For years I loved baked potatoes. But then after reading and hearing how white foods like white rice, white flour, white sugar, and salt were bad for you I changed my feelings to the potato. So on to my naughty list went the lovable potato. It wasn't till years later that I realized that the potato has fiber, it's a vegetable (albeit starchy), and if baked or used in soups has a lot of nutritional value.

You know people get vilified too. They are cast in a bad light following an arrest for DWI or DWAI drugs. Are they really a bad person or merely a person that displayed poor judgment? Can we transform the perception for punishment of a demon into call for rehabilitation of a human?

Friday, February 17, 2017

Ithaca DWI Lawyer: How Easy Is It To Get a Taxi, Car Service, or Limo License in New York State?

For better or for worse New York State is one of the most highly regulated of places. As I have traveled around the country and my kids encouraged me to use Uber (I love it). I then went about discovering just how many hoops an Uber, Taxi Limo, or Livery driver must pass through to get their TLC (Taxi and Limo Commission) license with a Class E New York City license. Knowing how hard it is to get, and then finding out just how easy it is lose with a DWAI (driving while ability impaired), DWI, AUO (aggravated unlicensed operation), or even a bunch of traffic tickets may boggle your mind.

Thursday, February 16, 2017

Ithaca DWI Lawyer: Is it Pleaded or Pled Guilty?

Pleading Guilty = Being Found Guilty
You know for as long as I practice law, and live life there sometimes isn't a "right" answer. Language and usage based in culture, in country, and most appropriately in time vary. One of my daughters loves to use the word "dank," as in that is so dank, and one of my sons loves to say that I am "savage"and "vicious" when I tell it like it.

But what is the right and wrong tense of the word plead? Is the past tense pled or is the past tense pleaded? Since 95% of criminal cases in this country do just that is this important?

Wednesday, February 15, 2017

Ithaca DWI Lawyer: Why Judges, Prosecutors, and the Defense Must Protect DWI Due Process

Many People Need Help

A recent DUI case out of Nebraska firmly illustrates some of the problems we still are facing in our courts today. Imagine if you will a woman brought before the court on a DUI probation violation. But she has to be barreled in on a wheelchair stinking drunk. Later to register a .44 BAC, remember .08 is legal intoxication. Is it fair ask her to plead guilty on a first appearance? Is it right to negate her right to decide to plea voluntarily, intelligently, and willfully? Is it fair to provide her ineffective counsel (one who will NOT advocate on her behalf)?

Tuesday, February 14, 2017

Ithaca DWI Lawyer: Is a New York DWI a Crime of Violence?

Deported for DWI?
Well the crime of DWI has made the front page of news once again. Concerns over potential offenses that can trigger deportation has Mayor De Blasio on the defense. New York State now has a list of 170 deportable offenses. Most are the most heinous of felonies. These are crimes like rape, sexual misconduct, and sexual abuse but some are not like welfare fraud and identity theft. Well what anyone considers a crime of violence or a crime of moral turpitude or one that should in fact make someone deportable is highly subjective. Should a first time New York DWI be on that list of deportable offenses?

Monday, February 13, 2017

Ithaca DWI Lawyer: How a First Time DWI in New York Can Be a Felony

Man drives child to school while highly intoxicated. 
When you read the headlines you see some people charged with DWI as a felony. The truth is that most first time DWI offenses are not felony level crimes. In fact the large majority of New York State DWI and DWAI drugs charges for first time offenders are charged as misdemeanors. But there is a special law for those people who are driving while intoxicated or impaired by drugs with kids under the age of 16 years old in the car as passengers.