Monday, July 23, 2012

Ithaca Law, Sometimes it is Just the Timing of Things ( it can make a difference)



With the FIRST RULE of buying and selling of Real Estate it is so often a matter of the location of the property. Value of land and homes is based first and foremost on their location. I have done prior blogs on the legal phenomena (as location relates to law) of "Location, Location, Location" or the how and why of where something occurs (crime and/or injury) as being pivotal to it's outcome/result.

Today I would like to explore the SECOND RULE of value assessment. What something is worth is also based upon timing. What time you buy or sell is critical to the asset's value. This is also remarkably true in the legal arena. When you get charged (violation date), when you get suspended and/or revoked and/or settled (conviction date) can be crucial to your future issues. Sometimes I review a case, and the timing of a driving (or criminal) history is absolutely terrible. Sometimes people luck out, they just miss specific time periods, what I call being "out of the Zone of danger."

It's All in the Timing

Suspensions and/or license revocations are based on the number of negative events (violations, traffic offenses, misdemeanors, accidents, DWIs, etc.) within a given time period. Whether you have had a certain number of speeds, points, and/or accumulated negative units these are all marked along a linear spectrum of time.

There are very specific look back periods. For a potential New York State DMV license suspension and/or revocation this is 18 months. If you have 3 speeds and/or 11 points within that time frame, boom you are done. If some of these points are NEGATED and/or some of these charges can be changed can impact a final outcome greatly.

Trying to Game the System

Many have tried to outplay the DMV. They figured if they prolonged their cases (their pending charges) then they could change the timing and hence have NO suspension. The DMV is smarter than that. Violations are recorded (assessed) from the date they are charged NOT settled/disposed of.

RULE #1

So it is NOT the date of conviction but the date of violation that counts.

Licenses are Suspended at the Beginning of New York DWIs

Do you get credit for time served (license suspension time)? NO!

RULE #2

With a term (Court sentence) of license suspension and/or revocation the time period BEGINS at the final hearing/settlement/ date of conviction.


So whatever is the worst outcome/pain for you is usually the correct answer. There is more beyond these two rules, as to New York State charge enhancements, sentencing enhancements, and whether you can or cannot do certain programs (ie. the DDP, drinking driver program). Enhancement is a nice way of saying upcharge, and higher penalties.

Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law
504 North Aurora Street
Ithaca, NY 14850
607-229-5184