Tuesday, January 28, 2014

Do I Need a New York State Lawyer for My Out-of-State DUI?

Don't Completely Trust the Government 
from anonymousartofrevolution.com

So many things in life are really about risk management.
How well do you manage RISK?

After all do you really need life insurance?
Do you need disability insurance?
Do you need collision coverage on your older car?

Why don't you ask the widow with four kids whether she wishes her husband had a policy.
Ask my lawyer friend whose car was totaled by a hit and run driver (and who had no collision).
Ask the plumber who just injured his back, and is now looking at a long and difficult recovery.

Is NEED a Word of Weakness?

I hate the word need. You want to be needy? Noone wants to be but the truth is that there is less to need IF you are prepared, IF you are proactive, and IF you talk to the right people and follow the right advice. Free advice is usually worth what you paid for it.

I was recently on an online forum where people can ask lawyers questions anonymously.

New York License with a Florida DUI

One guy with a New York state driver's license, and now a Florida DUI asked if he needed a NYS lawyer. Most attorneys responded, no. You don't need a NYS lawyer. Why would you? They couldn't see or understand the need.

Why did I Disagree with All the Other Lawyers?

I completely disagreed Because the NYS DMV will treat his out-of-state (Florida) DUI as a NYS DWAI. He will face a 90 day license suspension, and he will face taking the DDP (drinking driver program) to get a NYS conditional driver's license (privilege).

Part and parcel of the DDP is going to be his participation in the program, and his potential referral to a drug/alcohol assessment (evaluation). If he goes into all of this "willy-nilly," as in I'll just see what happens, you better watch out.

He could be facing a referral to many months of rehab/treatment/coupled with an improper or inappropriate diagnosis of an non-existent drug/alcohol problem. A diagnosis and a report that will be logged into a government computer. A Record and A label that will follow him for a lifetime.

A Very Simple Truth

If any government agency makes a mistake it is hard to impossible to correct. Imagine going state to state, job to job, for the rest of your life with a recorded/certified history of a drug/alcohol problem?

These very experienced lawyers may be great criminal lawyers but they are lacking knowledge in this very important area. People can be targets by any administrative body. This could be the government, the court, the prosecutor, or even the good old NYS DMV.

As a guy who gets dozens of phone calls every week from people who have been represented badly (inadequately, poorly), who are still wondering and wandering about not only what happened to them but what they will need to do in the future to fix things?

Every legal matter involves dealing with three aspects:
Your past, your present, and your future.

At the very least it pays (it doesn't cost), I repeat "it pays" for you to have a lawyer to insure and assure the best outcome before moving into any uncertain and dangerous waters, even administrative ones. Remember, You will have to live with the outcome of all your commissions as well as omissions. 

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.



Reviews of Larry Newman:


Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.