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Ithaca Cortland DWI Lawyer: Leandra's Law (Ignition Interlock) Problems

As a DWI defense lawyer practicing in Ithaca and the surrounding counties I see a great many clients who eventually require an ignition interlock installed in their cars. Leandra's Law is not a maybe with a New York DWI, it is a must have.

What you (or your lawyer) don't know can hurt you.

IID BASICS or the Most Common FAQs

1. Is an IID a Must or a Should have?

The IID is not discretionary for NYS DWIs, it is Mandatory since August, 2010.
The Judges and the District Attorneys have no leeway or power here, if is a DWI (VTL 1192 (2), VTL 1192 (3), or ADWI (VTL 1192 (a) (a) then a device MUST be installed within 10 days of sentencing.
Bottom Line: There is NO plea bargaining concerning IIDs.

2. What If you don't have a car? Rented a car with your DWI or borrowed a car with your DWI.

You still must install this device on a car for a minimum of six months. Sometime and somewhere this requirement must be met. It will remain on your driving record until it is met.

I have had people have to borrow cars, buy cars, and lease cars to meet this requirement.

3. What if I live in another state?

It does not matter if you live in NYS or someplace else, you will have to get it installed. So if you live in PA, TX, or CA expect to hunt down an IID provider location, and then they will report back to the county monitor in NYS every 30 days. many of these IID providers have National Support. If you plan on moving (relocating) then plan on continuing monitoring as well. As long as the County Monitor is kept informed and updated it should not be a problem. The device must be downloaded at a physical location every 30 days.

4. Can I just wait out the time period without driving?

NO, sometime and somewhere this requirement must be met for you to be released by New York State.

Lawrence (Larry) Newman, D.C., J.D.

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

Ithaca Cortland DWI Lawyer "3 Must Haves in any Fee Agreement"

Ithaca Cortland DWI Lawyer Explains Fee Agreement

Ithaca Cortland DWI Lawyer Explains Burdens of Proof & Reasonable Doubt

Ithaca Cortland DWI Lawyer Challenges the Government's Assumptions

Ithaca DWI Lawyering, and the Art of Being Creative: Affidavit of NO CAR

I believe that people have different types of intelligence. Some are great academically while others can see issues from unique angles or perspectives. I have seen this play out with my clients, many who are highly educated. I have also seen these areas of development within my own four children, who each have their strengths and weaknesses.

So what does this have to do with criminal law and/or dwi defense? I'm glad you asked. Lawyering, much like doctoring, or architecting ( I make up stuff all the time), all have art and science. Artfulness to me  means being able to go laterally, to think outside the proverbial box. I can do this because I love to play with words and ideas. Occasionally I get a great idea or two.

Recently I made up a form for Court, yes made up, much like I make up the use or more like the abuse of words. I called it the "AFFIDAVIT OF NO CAR." The Ithaca Judge was a little startled or surprised by this new form. Someone someplace has to make up stuff. As in I (under oath I swear) do not own and/or operate a car. If you do not own and/or operate a car then the Court/the DMV can not compel you to buy a car or get a car to place an Ignition Interlock device on. In simple terms NO CAR = NO DEVICE which btw also means NO DRIVING for six months.

Ithaca Lawyer The Coming of Spring and Lou on The Commons

One of the things I love about downtown Ithaca besides the restaurants are the fairs, festivals, and the street vendors. The one constant I see every spring is the arrival of "Lou" back to the Commons. Lou is out there regularly, not just for special occasions. He stations his hotdog/sausage/chicken kabob cart right across from Bank of America. Lou's food is fresh, fast, and good. You can get grilled peppers with your choice of meat, and a nice roll to boot for a few bucks. His personality comes across in everything he serves.

Closeup and Beautiful Pictures of Lou's food here:

http://www.flickr.com/photos/mhaithaca/sets/72157605834888137/detail/

credit to an excellent photographer, Mark H. Anbinder

To me Lou is Ithaca, and Ithaca is Lou. He is an Ithaca fixture. He aims to please his customers. It is nice to be able to grab a bite to eat in between court hearings whether at the City of Ithaca, Town of Ithaca, or Tompkins County Courthouse (all are within a few blocks of Lou).

Spring and Summer are soon coming, and I am excited to welcome back "our local hot dog guy."

Ithaca Lawyer "Strategies For Defending DWI Cases In New York"

Last year I was approached by Thomson/West (a legal publisher) to write a chapter in their 2011 edition of their "Inside The Minds" series of books on DWI defense.

Honestly, at first I thought that their e-mail (out of the blue) was a joke or a scam. Apparently they had read my blogs, my articles, and checked me out before asking me. I was honored to be asked, and then realized I had to write to fellow lawyers about law and legal strategies. With that pressure in my mind, I wrote, then I revised, edited, rewrote, and was almost happy becoming increasingly neurotic about getting it "right."

Well my chapter, and my appendices (they asked if I would share) my Client Agreement, my client handouts on PSIs (pre-sentence investigations), and drug/alcohol evaluations all came out great. I dedicated the writing to my father on account that he taught me many years ago never to do anything half way.

My hope is that this book can help my fellow New York lawyers do a better job of defending, and representing their DWI clients.

Learning the Latest "Criminal Defense Tactics and Techniques" at RIT

Some go to seminars to satisfy their mandatory credit hours, also called CLEs (Continuing Legal Education), others go to network with other attorneys, and the last faction go to conferences to learn. I am in this last sub-group because I believe if you are not enjoying what you are doing you are in fact doing a disservice for your clients. Who wants to be represented by an uninspired attorney? Who wants to be treated by an uninspired doctor?

I seek out people and organizations who are "into" what they are doing. I want cooks to be excited about their cooking. I want people who sell me flowers to be knowledgeable in helping me select the right ones. They bring their passion to the subject and their performance. Law is art and science. It takes knowledge but also diligent application. Thats why I love seminars. I get to keep up on the latest law, and build on my skills.

There was a NYS Defenders Association Seminar in Rochester, NY this past Saturday. Rochester Institute of Technology hosted 125 plus lawyers from around the state who listened to some of New York's best defense attorneys.

Subjects ranged from:
Recent Developments in NYS criminal law, Issues with Social Networking on Facebook and Twitter, Cross Examining Cops at Trial, and Creative Plea Negotiation Strategies. All in all I came away with some new ideas, perspectives, and things I could immediately implement in my practice.

Practice for me is about growth as much as anything else. If I'm not better next year than this one, something is terribly wrong.

So thoughts for today:

1. Do Not post anything online that you don't want the whole world to see. Nothing online is private or really yours (btw whatever site you are posting to owns it, not you, read the fine print).

2. Any online statements, pictures, etc. can and will be used against you both civilly and criminally.

3. Our constitutional rights are being rapidly eroded by the high courts. Do not expect privacy in your car. Do not transport illegal things in your car or do illegal things in your car. You are asking for trouble.

4. Do not make any statements to the Police. Learn the four word phrase, "I WANT A LAWYER."
say nothing else!

Ithaca Cortland DWI Lawyer What is a Pre Plea Investigation?

Ithaca Cortland DWI Lawyer Discusses Pre-sentence Investigations?

FAQs about the Felony PSI = Pre Sentence Investigation

When is a Felony PSI ordered?

After every plea of guilt to a felony level crime or a finding of guilt to a felony level offense the Court (Judge) MUST order a PSI.

How do we usually get to the Felony plea?

The majority of felony pleas occur by way of an SCI (Superior Court Information). The SCI in the best of terms is an agreement, a contract of sorts between you, and the DA. It is a deal, a plea bargain. The terms of the agreement will include a recommendation, sometimes a high (maximum) or a low(minimum) amount or number of county jail, state prison, community service, fines, etc. The SCI plays an important part of the process to save the Court and the District Attorney time and effort

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

http://www.ithacadwi.com

Ithaca Cortland DWI Lawyer Reasons DWAI is a Good Outcome in Refusal Case

The New York DWI Chemical Test Refusal Case is unique for a number of reasons:

1. The police and prosecution do not have a breath test (NO BAC) to prove their case of Intoxicated driving. Is it now a matter of degree? Impairment vs. Intoxication?

2. They can not charge VTL 1192 (2) BAC .08 or > or VTL 1192 (2) (a) Aggravated DWI BAC .18 or >. although with new case law (2012) they can try to charge using the roadside field breath test, Intoximeter. NOTE: But probably (highly unlikely) they can not lay proper foundation to admit the BAC result at a trial for "per se" (machine) DWI.

3. The prosecutor can only charge VTL 1192 (3), "Common Law" DWI.

4. The prosecutor usually only has one main witness, the arresting officer. i.e.. the STOP COP.

5. The prosecutor must prove that "you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver." Standard comes from the seminal case, People v. Cruz, NYS.

6. They must prove this legal burden of "intoxication" beyond a reasonable doubt based upon the police officer's observations, and field testing, if any.

7. They can not use the Preliminary Breath Test results (at roadside) to prove their case.

8. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor. An opportunity to view the case and maybe win some points.

9. This "cross examination" can cover the stop, the arrest, and the field testing. Most DMV judges will only allow this to a limited degree but still it is an opportunity.

Dr. Lawrence (Larry) Newman
Attorney at Law
Doctor of Chiropractic

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

The Chronic DWI: Breaking the Spiraling Pattern of Destruction

As a DWI defense lawyer I see both the one time isolated drunk driving events as well as the long term- habitual-chronic alcohol dependent problem drinkers. If this is a 2nd, 3rd, or 4th DWI and/or drinking/drugging/driving arrest then we have an issue that needs to be addressed. The exposure to prison time is very great when dealing with multiples. I believe these people need treatment (in whatever form that works for them) Not incarceration (county jail/ state prison).

If the causation of a problem is not corrected then the cycle continues. I hate to see a waste of human potential, to me it is sad. Many Judges will give 2nd chances, some will give 3rd chances, but eventually there will be a day of reckoning. I believe it would be better if people broke the cycle of self destrcution early. Faced up to whatever issue/issues that they are carrying around with them head on.

I do have some success stories. I'd like to believe that I can make a difference, and have an impact on a life now and again. Defense is not just getting people off. Not just finding police mistakes. Not just suppressing evidence. Defense also means counseling and guiding people to higher ground. To new beginnings for themselves, and those who love them. No we can never go back and unring a bell, or undue what has occured but we can transform ourselves for the better.

Here is one such story of a young man, with a 2nd Felony DWI that I counseled, when he posted this review I shed tears for I believe he really listened and is making a change,



I was a senior in college when I got my 2nd DW no injuries thank god (I never imagined I would get another. I am a 24 yr old recovering alcoholic). I immediately went into a depression and had no idea what would come of my life. I talked to other lawyers and they all wanted to charge me double what Mr. Newman charged me. No other attorney gave me there undivided attention, and were quick to judge me. This was the last thing I needed. When I talked to Mr. Newman he answered the very first call and listened to everything I had to say. I told him I would like him to represent me and he immediately informed the court that he would be my lawyer. He is not a typical lawyer who just cares about getting paid. He met with me and learned who I was as a person. He suggested to me to start getting alcohol counseling to deal with my disease (now I have been sober for over a year). He was completely honest with me on what could happen and what he thought would happen. He helped me deal with the emotional burden that comes with a DWI. He pointed out that I am still young and have time to get back on the path of becoming successful as long as I give up alcohol. I was facing 5 years in state prison (served no jail time). I was facing a $5000.00 fine (only had to pay $2000.00). In the darkest time of my life, Mr. Newman cared, and helped me find a light. I also told him I was thinking about switching careers (B.A in Education) to Social Work. He pointed out that many people with similar problems as mine have gone on to have great careers in Social Work. He pointed out Drug and Alcohol Counseling. I am now pursuing a career in that. The most impressive thing to me about Mr. Newman is that to reapply for my drivers license I had to have an attorney write a letter to the court requesting it. While many attorneys could do this for $, Mr. Newman did it for free. I highly recommend Mr. Newman for anyone dealing with the terrible situation of DWI. Not only because he is a good lawyer, but because he is also a man of great moral character.

originally posted here at this attorney review site:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905/reviews.html

Owego DWI Felony Defense Lawyer, Tioga County Courthouse

I love to explore old courthouses. This is probably a good thing since I frequently find myself in and around them as a criminal defense attorney. They have a certain charm, and I can appreciate the detail of their construction. As they say, "they don't make' em like they used to," although I recently went to a new little courthouse in Chemung county, Big Flats Town Court, and was very impressed by the architectural design inside. Absolutely amazing use of light and windows. The architect clearly gave a lot of thought to the placement of everything. I need to get special permission to take photos inside a Courthouse so I often limit myself to just taking outside pictures.

Which leads me to beautiful, historic, and charming Downtown Owego, New York. It has in a word perfect "symmetry" of the Courthouse to the land and the roads. The Courthouse sits in a central spot facing onto a long bridgeway. The streets are a throw back to an earlier and simpler time. A slower pace is felt everytime I pass through this area.

I only find myself here (County Court) if my client is facing a felony charge (potential punishment of more than a year in jail). A person with a 2nd DWI within 10 years is enhanced to a Class "E" Felony DWI in NYS. The dates that are looked at are the dates of the conviction/sentencing. So the dates of arrest do not count.

Out of state DWIs convictions do not count towards this enhancement (increased penalty) unless they occurred on or after November 1, 2006. This was a recent decision in People v. Ballman, the Court held that Vehicle and Traffic Law section 1192 (8) only allows the use of the prior misdemeanor (called the predicate DWI offense) to increase (elevate) the penalty of a DWI misemeanor to a felony DWI under those circumstances.

In NYS ONLY County Courts can hear (have jurisdiction over) Felony Cases. The lower Town, City, and Village courts only hear (have jurisdiction over) violations and misdemeanors (potential punishment of less than a year in jail).

Ahhh, a grand old Courthouse. Very deceptive outside, much smaller on the inside, lots of little rooms, some with very high ceilings.

NOTE: Thank G-d a DD (Dunkin Donuts) is right across the street from the Courthouse. Perfect for those cold winter mornings.

map link to Owego County Courthouse:

http://www.courtreference.com/Court-Mapper.php?court_Location_Map=Tioga_County_Court&court=12339

Tioga County Courthouse 


16 Court Street, PO Box 307
Owego NY 13827

Phone: 607-687-0544
Fax: 607-687-5680

Where else can you see buildings like these? Well I know there are a lot of other old towns but this one has it's share of bricks. Rebuilt after the great fire of 1849 (decimated all the wood buildings) and now bricks and mortar so to speak.

Sign on the bridge way, from the ashes of destruction rose the little town of Owego, NY.

Larry Newman


http://www.ithacadwi.com/
Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

My NY DWI Blog: http://ithacadwi.blogspot.com/

Defeating the breath test video:

http://www.youtube.com/user/newmanlawrence?feature=mhum#p/u/13/DOjUpdbgn80

Videos on DWI Defense, and other New York Criminal Defense: http://www.youtube.com/user/newmanlawrence?feature=mhsn

Articles on NY DWI Defense: http://ezinearticles.com/?expert=Lawrence_Newman



More articles on NY DWI Defense: http://www.articlesbase.com/authors/dwi-defense-lawyer-larry-newman/256323  

Tioga County Candor Town and Village Court Lawyer.com

Within Tioga County there are only 9 Towns and 6 Villages and these are over a wide land mass. I cover many DWIs, marijuana/drug, and traffic violations within these Courts. If a car gets stopped for speeding it usually leads to other things being found, like pot and pills. BTW when the police make a lawful stop of a car, say for a traffic violation or equipment problem (ie. broken light) in NYS, they can then lawfully search that car, and it's contents. Which is another very good reason (I could give you a long list of reasons) not to smoke pot in your car. 

Each town and village has their own Court and Justice (Judge). Candor Town Court and Candor Village Court are both located just South of Ithaca on Route 96B. 96B is also called Owego Road because it leads to Owego, NY. Owego has a great Strawberry Festival that my family and I go to in the summer although I remember one summer when they needed to import strawberries. Kinda took away the charm for me (abit), anyway the streets and homes are historic in downtown Owego.

Don't be confused, in Candor both the Town and the Village Courts conduct business in the SAME Courthouse. Sometimes the Judges sit across from one another on the bench, and hear different cases.

Town Justice:   Judge Gary Dence   607- 659-3175 ext 2
Village Justice: Judge Les Swartz     607- 659-5913

Candor Town Clerk:  Ms. Connie Dence Kulze, 607- 659-3175 ext. 1

The Courts lie about half way between Tioga County Courtouse (Owego, NY) and Tompkins County Courthouse (Ithaca, NY). Yeah I judge distances based on Courthouses, it kinda goes with the territory. Anyway, a great landmark on 96B is the Grace Bible Church. It has a Candor Town Hall sign right next to it, and the new Town Hall/Court is located just back off the road to the East.

101 Owego Road
Candor, NY 13743

phone for Court 607-659-3175
email for court:       candorclerk@cnymail.com

Grace Bible Church on 96B

Candor Town Hall (both Village and Town Courts), sits back off 96B

I see a great many speeding infractions/violations on 96B because the speeds go very quickly between 55, then 45, then 40, and then 30MPH in the villages. The signs change so often you really have to pay attention and remain focused. People just don't like to slow down, and I am constantly passed on this stretch of road by both the young, and the impatient. It is hard to maintain these slower speeds at times, and the landscape is "bucolic" which for many comes to mean "boring" farm land.

One of the nicer little Courthouses in Upstate NY.

Great Map locator link for Candor Courts from Unified Court System:

http://www.courtreference.com/Court-Mapper.php?court_Location_Map=Candor_Town_Court&court=12330


Larry Newman, Criminal Defense Attorney

Larry Newman

http://www.ithacadwi.com/

Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

My NY DWI Blog: http://ithacadwi.blogspot.com/


Defeating the breath test video:

http://www.youtube.com/user/newmanlawrence?feature=mhum#p/u/13/DOjUpdbgn80



Videos on DWI Defense, and other New York Criminal Defense: http://www.youtube.com/user/newmanlawrence?feature=mhsn

Articles on NY DWI Defense: http://ezinearticles.com/?expert=Lawrence_Newman

More articles on NY DWI Defense: http://www.articlesbase.com/authors/dwi-defense-lawyer-larry-newman/256323