Tuesday, November 15, 2011

The Ithaca Cortland Upstate New York Haimisher Lawyer

I have found that as much as we all move or change we can never escape who and what we are. I have lived and worked in many places. Whether as a Chiropractor or a lawyer, or practicing in NJ, NY, PA, and Florida the essential, the core, and the identifier of how I practice goes back to my roots.

The Yiddish of my childhood was more than words. It was a philosophy. It was in the modern vernacular a paradigm for living. Being true to yourself, and your family name.

I was taught at an early age that out in the world I represented more than myself. I represented the Newman family. Even my Jewish name was loosely translated, Larry "son of" Albert (my father).

My father demanded respect. It was only one little word but to him it meant more than just two small sylables. It meant respect to and for self, to and for others, to and for the community, and above all else to and for

My father longed that I should become in his mind a "mensch." A good human being. He led by demonstration. He would teach me to tip, to thank, to appreciate, to enjoy, to value, and most of all to be honorable. My word was to be important. My knowledge and ability to be used to assist others less fortunate. In his view this was the challenge of parenting. His children, his "kinder" were either going to be the gift or the curse he brought upon the world.
One of my favorite expressions was "Haimisher." I wanted not a house but a haimisher or haimishe home. One that felt soft, liveable, and smelled of good food. I was not raised with country clubs, golf, and tennis but with a corner deli and city streets.

To me a "Haimish" person is: down to earth, sincere, real, and authentic. Kinda like home cooking, apple pie, or a comfortable pair of shoes. I aspire to be the haimisher, or haimishe lawyer. One that gets knee to knee, speaks plain, and is real with people.
There is no BS in the haimish practice of any profession. There is no pretense. No stuffy titles, or lineage, or pedigrees. What there is a reciprocity and respect between the client/patient and the counselor.

Wednesday, November 2, 2011

What is a "Serious" Traffic Violation in New York? WHY Not all Violations are Created Equal.

I am often asked to represent motorists who have been charged with traffic violations. Some of these violations are classified by the State of New York as "Serious" while others are not. The significance of this classification is that if you get convicted of only two of these "serious" violations within a three year time period, and hold a CDL (Commercial Driver's License) your license will be suspended for sixty days. If you are on probationary license (new license privilege or recently returned privilege) then any TWO moving violations will result in a 60 day suspension but any ONE serious offenses will get you suspended for 60 days.

The fact is much like the diversity of crimes violations are ranked from the moving to the non-moving, from high points and fines to no points and no fines, and finally from the serious to the not so serious. Judges and Prosecutors also have their own perspective (opinion) of what they consider to be serious.

Some Courts allow NO plea bargaining on specific offenses in their towns and villages. For example, The Town of Ithaca and the Town of Enfield by policy have NO plea bargaining on speeding in school zones. You have the option of trial in these Town Courts.

Some counties have NO plea bargaining as well. In Tioga County there is NO plea bargaining on the latest VTL 1144 A, failure to move over law. Again you have the option of having a trial. The District Attorney there believes that that offense has cost the lives of law enforcement, which it most certainly has, and future violators will not be offered reduced pleas. Knowing where you are, and what local policy allows or dictates is as they say PRICELESS.

For motorists with non-CDL licenses there are the following known serious traffic offenses:

VTL section 1212 Reckless Driving is classified as a serious violation, also speeding, tailgating, and unauthorized racing. Combinations of these including speed in a school or a work zone will get you suspended. 

Larry Newman, D.C., J.D.  Lawyer, Chiropractor, and author.