Sunday, January 19, 2014

Ithaca DWI Lawyer: New Year New Book New Challenges

These are a few of my favorite things: New Macbook Retina
and 2013-2014 Handling the DWI Case in NY

I'm excited. Not just because it's 2014 but because I just received the latest edition of the Bible of New York DWI. There are other books, but this one is the primer, it is the foundation, and it is the groundwork for anyone practicing New York DWI. In fact, before you hire a NY DWI lawyer, ask them if they have this latest edition, if they do not, run away! No, maybe they can practice without it but I'd be skeptical (I am anyway).

I just opened it up, and already have gotten my monies worth, seriously it has the latest cases and ideas. It clocks in at just over 1700 pages plus the index. About 5-6 lbs worth of paper, many trees lovingly died for this book but there is NO electronic version so forget at going green.

Cost $392, but value to me as a NYS DWI lawyer Priceless! Is this a Visa commercial?

So what did I learn today:

In my next DMV DWI refusal hearing I am going to bring in a video of my client back at the police station. Why?

A recent case (2012) has the police officer testifying at the hearing to what was in his report (slurring of speech, incoordination, etc.) to support the arrest BUT video shown (at the hearing) of the suspect 25 minutes later at the police station does not show any of that. In fact it controverted the officer's testimony (opinion evidence).

The Credibility of a witness is always an issue with any DWI case. This is especially true when it comes to an administrative hearing where burdens of proof are just above the civil standard of "a little more likely than not that something is true."

Another thing I already noted in perusing this volume is the new Jury Instruction for Vehicle Operation.
I think it is more favorable to defending cases where the driving i.e.. operation is an issue in question.
A new year of challenges and a new year of tools, what could be better?

Reviews of Larry Newman:

Further suggested reading on New York DWI defense here:

The 9 Most FAQ About NY DWI, here:

The New York Up State DWI Survival Guide, here:

Winning The NYS DWI Refusal Case, here:

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.