Friday, January 31, 2014

Ithaca DWI Lawyer Playing the DWI Game



I believe life is a game. In fact, I also believe that marriage is a game, thriving in any long term relationship is a game, college is a game, professional practice is a game. To succeed at just about anything we need to :

1. Understand the Rules
2. Understand the Players
3. Understand the Game

The Game of Chess 

You always have choices. You always have decisions to make. Some big and some small. My father taught me how to play chess. Understanding chess, understanding the dynamics of that game I believe can help people in all life areas.

In chess, we have to stay moves ahead (predict future behavior), we have to sometimes sacrifice in the short term in order to win in the long haul, we have to maximize our positions, we have to understand our weakness. The best chess players see the game from a bigger vantage point. They don't get lost in the trivial, they see the bigger picture and larger goal. In other words, choose your battles, to ultimately win the war.

I meet people (mostly men) all the time that want to opt out of the relationship game. They are usually divorced, or alone, or in many short term interactions. They ask: Why should I have to tell her how nice she looks? Why do I have to give her cards expressing my feelings? Why should I have to get to know her? Who cares what she likes or enjoys or values? Yeah, they don't get or refuse to get the GAME! My sister taught me, a woman can't hear enough how beautiful she still is and continues to be day after day. I'm what you call a "learner." I listen and learn.

The Game of Relationships

You are learning as much if not more about social interaction in school (college/university) as you are about any other given subject. There are those who don't care how they play with others. They don't see or seem to want to know how what they do and say or a face they express can make them not only unlikeable but a pariah to those around them.

Learning how others tick, what is important to them, what they care about and for is called "caring."
The one who meets those values, supports and challenges those values, will be sought out. This is sometimes referred to as "love." Being loved is being valued for who YOU are!

The DWI Game: Win-Win-Win or Lose-Lose-Lose

So what does all this talk of chess and love and relationships have to do with New York DWI defense?

Great question, Criminal defense is a game, that is why we have the captions:

People of the State of New York

versus

John Doe

Every player in the game wants something from someone. The Judge acts as referee, and rule giver, and rule explainer. Sometimes we will bring in a group of people called a jury to decide on the best version of the facts (the story).

Prosecution: Idealized goal = justice (protection of society, citizens, community)
Judge: Idealized goal = fairness of process (constitutional rights assured, due process rules)
Defendant: (citizen accused) = exoneration to fairness to appropriate sanctions
Jury: Idealized goal = fact finder, purifier, truth seeker, decider of legal guilt or legal innocence

Legal Guilt or Legal Innocence is rather different from true guilt or true innocence

The legal game has to follow evidentiary rules, timing, forms, processes, instructions, and burdens of proof. 

The civil legal game, is different than the criminal legal game, is different from the administrative legal game.

Bottom line, get someone to help you play the game who knows the game.


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.
newman.lawrence@gmail.com
607-229-5184
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.