|What a Beautiful Gift Horse!|
You know the old expression "don't look a gift horse in the mouth" well it is as true in criminal law as it is true in any other part of life. I got a fax today from a out of town lawyer asking me to help him do a case in one of the Courts I frequent regularly.
Nice to get a request but it had things that bothered me:
1. A cap on my fees (I hate that), I practice solo so no one tells me what I charge (except my wife)
2. Required a Court appearance by me and a Canadian (good luck with the second part of that sentence)
3. It involved a non-moving, no point violation/offense
This last thing really got me, why the hell are these lawyers even bothering to litigate or charge or be this involved (the fax to me was 8 pages) on something so trivial? Why are they making a mountain out of a mole hill? Why? Why? Why? Is it the money? I don't know what possesses some people.
Honestly, this is not something that should have ever been taken (accepted) under "legal" representation.
I tell people if you got caught for speeding and the cop/trooper/deputy gives you an NYS VTL 1110 (a) Failure to Obey a Traffic Device (non-descript, 2 pointer), accept it, pay it and move on. It was the proverbial "gift horse." You GOT a GIFT! GET IT! A GIFT! They did you a favor, they cut you a break.
So in this case the gift was even more shall I say generous, they charged a NYS VTL 1201, parking/standing on pavement, yes Virginia that is merely a "Parking" ticket. Carries NO POINTS in NYS and Canada.
So why did they take this case on? Why did they charge this poor (ignorant) person hundreds of dollars to litigate a parking ticket? Is it principle or something? Why now involve me? Why even ask me?
Aren't you embarassed to do this type of horseshit, yeah I said horseshit because that is what it is. Tell the man to pay his fine, and move on. Done, stop trying to create issues when there are NONE.
Now tell me how you really feel, anyway I feel better now, all the best and Don't ever look a gift horse in the mouth because I don't.
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.
Doctor of Chiropractic
Attorney and Counselor at Law
Ithaca, NY 14850