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| Pluto deserves to be a Planet from wombania.com |
Well one thing is always for certain in an uncertain world, things are constantly changing. Yes DWI law and the New York DMV (Department of Motor Vehicles) are dynamic entities. Just today I was surprised, and not in a Happy Birthday! way.
I represent many people just passing through New York State. I got phone calls from three clients. They are from PA, NJ, and CA. The New York DMV has decided to require that out of state (foreign) license holders to provide a copy of their Home State's driving abstracts (records) prior to obtaining a pre-conviction conditional license privilege in New York State. Now why wasn't I told? Why no advance Notice of this to the general public and especially the legal community?
What impact will this have you ask? Well not much for those from NJ who can get an online abstract within usually a few days. Well for those with a license from say California, they will have to mail (snail mail) a request to get a copy of their driving record, and that particular state with the Terminator in charge (no online requests or fax requests thank you) it takes six to eight weeks. So potentially no driving privileges in New York for SIX to EIGHT weeks, that could be harsh if you have to travel for work or have to go to school or have to shuttle your kids to childcare.
I am in the process of asking a Judge to consider extending the hardship driving privilege (normally a thirty day bridge privilege) with cases such as this. So what to do if you are from a foreign jurisdiction (any state or place other than NY), and facing a New York DWI charge, get a copy of your home state's driving record immediately.
It could mean the difference between being in limbo, and having at the minimum a conditional privilege to drive while your case is pending and BTW Pluto will always be a planet to me.
Always consult with an attorney about any criminal or
non-criminal charges you have pending to discuss your options and/or defenses.
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 90% 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 450 blog posts,
dozens of articles, and over 440 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.
newman.lawrence@gmail.com
607-229-5184
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