Thursday, December 1, 2016

Can the Police Check Your Car Trunk for Drugs in New York?

Trunk Access from My Back Seat

In a recent court case of People v. Jones, 2016, Livingston County a person was stopped for speeding which led to search of his car and then of his trunk. Of course pot was found in the trunk of his car, and a suppression hearing was held to determine the constitutionality (legality) of the police search of the trunk.

Was the trooper within the law?
Is it ok for the police to check your car's trunk?
Does this violate your 4th amendment rights?
Can they do this with every car stop?

Monday, November 21, 2016

New York DWI Charges: Are there Alternatives to Jail?

DWI sentencing alternatives
need to be considered  
New York State has a great many programs under the hub of "ATI" Alternatives to Incarceration. An alternative is merely an option. So an option other than going to jail may seem attractive at first glance.

Is Jail a Usual Sentence for a New York DWI ?

Tuesday, November 1, 2016

The New York Conditional Discharge: If You Violate Can They Go Back to the Original Charges?

I loved as a Kid,
No Backsies!!
People are generally confused about the New York Conditional Discharge. We have written and videoed about it but still questions linger. A recent email was from a concerned mom. Her daughter had originally been charged with a felony and a misdemeanor in the Bronx. Trumping up (elevating) offenses happens quite often in many situations because it is far easier to start higher and then come down than it is to start low and go up.

Well the daughter, after a plea bargain wound up taking a plea to a couple of violations (non-criminal charges). But she was unsuccessful meeting all of conditions of her CD and violated her release.

                                               Could the District Attorney go back (take backsies), and prosecute her  
                                               for the felony?

What Makes New York DWI Law Unique and Dangerous?

Maybe Henry Ford was right, "New York is a different country." You know I feel that comparison is more important than knowledge. People get so caught up in what things are without having a context. Can we really appreciate anything without comparison and perspective?

Is New York State like Ford said, "Everybody thinks differently, they just don't know what the the hell the rest of the United States is." I believe to fully understand New York state's DWI rules, laws, and regulations you must contrast them to other state's DUI rules, laws, and regulations?

Defending An Unconstitutional DWI Stop Just Got Harder

The Turn Signal,
So Simple Yet So Underused
You live and learn. That's life. Well over the years of practicing DWI defense you learn how to deal and defend what's right in front of you but now we have to watch out for stuff not written in the police report or the tickets.

Can police make up new stuff in Court to bolster, and make bad ticket DWI stops suddenly constitutional?

Thursday, October 27, 2016

What Happens to a Montana Driver's License with a New York DWI?

If You're from Montana
you're practically Canadian
The wonderful thing about Ithaca, NY is that we have people visiting from all around the country and the world. Over the past eleven years we have represented and defended people for New York State DWI from dozens of countries and states.

Job Number One: Discover Implications with Any Out-of-State License with a New York DWI

Any New York lawyer must first discover the implications "license" wise, aka administratively with their client's DWI/DWAI/Aggravated DWI charge. Driving privileges in most states are taken as a constitutional right even though legally it is a privilege. You have to contact DUI/DWI/OUI lawyers from that state/jurisdiction to find out what happens with a out of state drunk/drug driving charge.

States like Pennsylvania currently do nothing with their citizens out of state drunk driving charges. States like New Jersey impose thousands in fines and classes.

What Does Montana Do to Driving Privileges with an Out of State (New York) DWI?

Friday, October 21, 2016

Danger to CDL Holders and New York State Leaving the Scene of a Property Damage Accident

New York State law enforcement can be tough on truck drivers at times. As if making deliveries in and around New York State isn't stressful enough, you gotta be careful because common sense, and doing the right thing don't always go hand in hand. If you make the following common mistakes of judgment you may be facing a loss of CDL, and job for one year.