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| A great song with an even greater message from motivational twist.com |
People often ask me, "so what kind of law do you practice?"... my response is generally...well, I love cars and drugs, so anything that involves them, especially together are my favorite practice area. People usually take a step back but our practice is DWI and DWAI drugs in the Finger Lakes. If they press me further I explain . . .
Now don't get me wrong, when I say I love drugs it's because I see their value. I understand their place in society, and when used with respect, they can be incredibly useful. Love to me means they are neither good or bad, or evil without place, they a valuable tool and an asset to society. They have played a vital role in many cultures and societies. To discount that value I believe would be ludicrous.
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| "I'm Joking" from tensegrity.hellblazer.com |
Socially, alcohol and marijuana allows people to loosen up, and communicate more freely. In this day and age, there are people who disagree with my position. They feel alcohol, and other drugs are an evil which needs to be purged from our landscape. This to me is the new prohibition.
When I think of drugs, alcohol, and pot (you can see how dated I can be) that Huey Lewis song comes to mind...
"I want a new drug. One that wont make me sick. One that wont make me crash my car Or make me feel three feet thick.
I want a new drug. One that wont hurt my head. One that wont make my mouth too dry. Or make my eyes too red."
Is there a Perfect Drug?
Any Use of Any Drugs or Alcohol Comes Under Suspicion With a DWI or DWAI Drugs
The reason I bring up all this talk of drugs is that if you have been charged with a DWAI, ADWI, or a DWI it is likely you will need an drug/alcohol evaluation as part of the DDP (Drunk Driving Program). Also, if you had a BAC of .15 or higher it is mandatory to have one, see NY DMV brochure:
http://www.nydmv.state.ny.us/broch/c40.htm
You will be required to undergo a alcohol screen/evaluation as part of the DDP program by a OASAS certified provider: http://www.oasas.state.ny.us/index.cfm
Treament and providers can be searched for any New York county here:
http://oasasapps.oasas.state.ny.us/portal/pls/portal/OASASREP.DYN_PROV_SEARCH.show
Do NOT Go to A drug/alcohol evaluation Before discussion with an Attorney
Now before you go get your OASAS screen and evaluation, there are a few things you need to know:
1. You will be having a urine screen. So "any" drugs in your system will show up. This includes marijuana. Pot has a long half life, which can range from 3- 30 days depending on numerous factors. See Concept 420 website for more info:
http://www.concept420.com/how-long-does-marijuana-stay-system.htm
2. Whatever recommendations the OASAS certified provider makes needs to be followed. This ordered treatment can be up to 8 months under NY law. However, you can go for a new evaluation, read through the DMV brochure linked above. "If you are not satisfied with the results of the evaluation, you may contact the DDP director and request a second evaluation. However, you must accept the findings of the second evaluation."
3. The Court can also require as a condition of your plea that you show proof of follow through (compliance), and completion of all recommeded treatment programs.
Alot of my college clients don't always remember (THC can affect short term memory, there is evidence that 9-THC destroys short-term memory (Heyser, 1993) )that even though they smoked a week or two ago it is still going to show up in their urine, and then bang, they have a dreaded Drug Abuse Diagnosis, and a 3-8 month treatment plan (usually 12 step class based).
So the moral to this story is tread lightly in this area. Do not proceed to represent your own interests in Court on any drug/alcohol charge without first consulting with a knowledgeable attorney. Doing so could be more than dangerous to your health and well being.
Law Offices of Newman and Cyr
Ithaca, NY 14850
ph: 607- 229-5184
Reviews and Endorsements of Larry Newman:
http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html
Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:
Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition
newman.lawrence@gmail.com
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