How to Win the New York DWI Refusal Case
AVVO.com Lawyer and Client Reviews of Larry Newman
FREE BOOKS on New York DWI Defense and Injury Law
Saturday, February 26, 2011
This week I have been in Key West, Florida listening to some of the best DUI/DWI defense lawyers in the country. Bruce Kapsack from San Fran, gave awesome closing arguments for drunk driving cases and Jim Nesci from Arizona gave us creative cross examination for the police. btw I have both their books and DWI defense from other states has a lot of cross application to New York.
We also had Dr. Bellack from LA, California not Louisiana, and he is a ENT specialist who testifies on GERD/LPR (reflux diseases that cause acid to enter the mouth) and how these diseases can affect alcohol breath test measurements. Jan Semenoff from Georgia, a breath test machine expert offered his expertise on how the police get falsely high breath tests in from 10% to 25% of the population, a big wow!
We also balanced out the program with attorney Hudson from Sarasota, FL, who spoke on repeat DWIs (felonies) and handling issues with addiction, treatment, and tactical considerations. His ideas were wise and creative. I am going home (back to Ithaca) with wonderful ideas, and I can't wait to begin implementing them. I have read that it is not the ideas you get that are important but having a recipe for dealing with them. Making my practice and service better is always the long term goal, because at the end of the day Key West sunshine is only temporary.
Friday, February 18, 2011
It all comes down to just basic human respect. My dad, still rings in my head, may he rest in peace (it's been 33 years), always said he wanted just ONE thing from me, "respect." Not great grades, not stellar athletic performance, not monumental worldly success just respect for myself and others, because he saw that as the basic foundation to everything else. How can you be principled and maintain a sense of values, common decency to humanity without this quality? Those that respect others and their property and their values were in my father's eyes Mensches (in Yiddish this means being a "human being of integrity and honor.") He raised me or more groomed me to be that man. From the way he gave of his time to people in need to the way he tipped a server. My father gave people dignity.
So I have had dealings with fellow lawyers over the years, and many do not return my calls. To me it shows a self worth issue, they are more important, or their time is more important than mine, and that is probably the thing people dislike most about lawyers. They (clients) want to be able to communicate about their case, their situation, and having a true counselor available brings peace of mind. I pride myself on returning calls and being available. Does that make me better? Well yes and no, better for my clients, not always for me because my clients come to expect me to be there for them any time. btw I am better early in the day, old habits die hard, I get up very early, and go to sleep by 9 or 930 generally, so don't call after that if you want someone who is coherent.
If you ever compare me to someone else know that I am unique in this regard. I am in a word: Available!
And as I strive to serve I keep in the back of my mind my father's wish to have a mensch for a son.
Lawrence (Larry) Newman, D.C., Esq.
Doctor of Chiropractic
Attorney and Counselor at Law
504 North Aurora Street
Ithaca, NY 14850
Wednesday, February 16, 2011
Monday, February 14, 2011
Being from Brooklyn, I love pizza, and Ithaca has a couple of great pizza places. One of them is "The Nines." http://www.theninesithacany.com It is a cool place to go for a drink, and have some finger food as well. They have corn nuggets that are to die for. Also their spinach salads.
Sunday, February 13, 2011
Saturday, February 12, 2011
see news story here:
One of my mentors, a founding father of the NCDD (National College of DUI Defense) and a great DUI attorney from California, Lawrence Taylor put it best in his talk which details this erosion of our rights:
Know that what rights you do have need to be preserved early and demanded in Court!
Monday, February 7, 2011
DMV Refusal hearing:
VTL 1194 (2) (c) : the hearing is limited to the following issues:
1. did the police officer have reasonable grounds (PC) to believe that such person had been driving in violation of any subdivision of VTL 1192?
2. Did the police officer make a lawful arrest ?
3. was such person given sufficient warning, in clear and unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made.
4. did such person refuse to submit to such chemical test or any portion thereof?
Was the refusal persistent?
I practice in the Finger Lakes region of New York State. It is a beautiful part of the country. I feel fortunate to have had opportunities to experience different Courts in all the smaller towns, villages, and cities. NYS is unique in that we still have these little local Courts which handle a wide array of matters including criminal misdemeanors.
Chief Judge Kaye said, “The Justice Courts are New York’s oldest tribunals, dating back centuries, and today continue to serve a critical role in the state’s justice system, handling more than two million cases each year and collecting more than $210 million in fees annually.”
There are 1300 Justice Courts throughout New York State. 2,100 plus Town and Village Justices serve in these Courts and over 2/3 of the Justices (Judges) are not lawyers. The Judges are elected to four-year terms, practice part time, and do not do it for the money. These are very committed individuals who seek in many instances to do the right thing and to serve their communities.
These Courts have come a long way over the years. Now there are electronic recording devices in most of these Courts. The Judges go through a training and education program specific to their Court duties.
This comes from the NYS Courts Judicial Website:
Changes to the training of new non-attorney Justices are particularly dramatic. In contrast to the single week of instruction prior to the Action Plan (2006), newly elected non-attorney Justices now receive seven weeks of pre-bench training, consisting of alternating periods of at-home assign- ments (a total of five weeks) and classroom training (a total of two weeks). Significant time is spent devoted to the most sensitive decisions facing a new Justice, such the right to counsel and determining bail. Instruction is provided initially by lecture for many topics, but is followed by mock proceedings where the Justices actually have to make difficult decisions based on “real” facts. The new Justices also receive two days of training after they have been on the bench for two to three months. New Justices report that these sessions at such an early point in their career on the bench have been particularly helpful.
This system is unlike the majority of Court systems in any of the other states. I think being familiar with these Courts, the people in them, and how they are conducted is even more important in the upstate New York area because of these differences.
Convincing a future employer to give you a job despite a New York State criminal record is not always easy.
I think like an attorney, and the best way I know to demonstrate, and prove who you are (a rehabilitated person) is by showing key evidence in the following categories:
School: Transcripts and letters from teachers. Use these to show grades, attitude, and attendance.
Job Training: Letters of reference from teachers/trainers to include types of programs, training, punctuality, teamwork, and skills building.
Employment: Letters from supervisors showing work product, promotions, and attitude.
Mental Health and/or Drug/Alcohol Counseling: Letters from doctors, counselors, and therapists.
These should indicate clean drug screens/tests, full participation and/or completion, your growth, understanding, and awareness of the causation of past behavior, your commitment to sobriety, and that you are not a risk to yourself or others. Sign a release form so that they can disclose information about your treatment.
Certificate of relief from disabilities or Certificate of good conduct: These certificates help show your rehabilitation. If you have no more than one felony conviction and any number of misdemeanors, you might be eligible for a Certificate of Relief from Disabilities. If you have more than one felony, you might be eligible for a Certificate of Good Conduct.
Letter from your Probation Officer as to your success while on probation. Clean drug screens, punctuality, completion of treatment, and attitude.
All this evidence of your life turn around will wow the majority of people for the rest as the song says, "forget them."
Larry Newman Criminal Defense Attorney
Sunday, February 6, 2011
I only go to school in New York. Will I be able to drive in my home state if I lose my privilege to drive in New York?
New York State can only revoke or suspend your privileges to drive in New York State. At your arraignment (initial appearance) a NYS judge must suspend your privilege to drive here (NYS) if you had a BAC of .08 or higher OR if you refused to take the breath test. However, 45 states are parties to an interstate compact that requires them to suspend the license of any person who has lost their privilege to drive in another state. These five: DO NOT BELONG to the compact
City of Ithaca Court
118 E. Clinton Street Ithaca, NY 14850 (607) 273-2263
City Judges are elected to 10 year terms.
Hon. Judith A. Rossiter/ Bio Link Below
Hon. James Kerrigan/ Bio Link Below
Handles all cases from the city, some Cornell University cases, and the lowlands of Ithaca (downtown, commons, Route 13, Meadow Street).
Parking: at Cayuga Garage (across from Holiday Inn), $1.00/hour.
Court located next to police station on 3rd floor. Must go over footbridge to enter building. Do not bring hot liquids, such as coffee into the building.
Court has multiple sessions during the week, initial appearances generally scheduled on Wednesday mornings and some Friday mornings.
Town of Ithaca Justice Court
215 North Tioga Street Ithaca, New York 14850 (607) 273-0493
Town Justices are elected to 4 year terms.
Justice David Klein holds Court on: Wednesdays at 4:00 pm
Linda Fetherbay, Court Clerk
Justice James A. Salk holds Court on: Thursdays at 9:00 am
Betty Poole, Court Clerk
Handles IC (Ithaca College cases, some Cornell University Cases, and highlands of Ithaca)
Parking in garage at Seneca and Tioga Streets, next to Post Office, must park on higher levels, $1.00/hour. Starbucks and Hilton are located across the street from the Courthouse.
DO NOT CONFUSE: Tompkins County Courthouse is down Tioga street one block North. _________________________________________________________________________________