Friday, January 3, 2014

Ithaca Lawyer Is Your Driving Record really Good, Bad, or is it Ugly?

People are funny. They call me about a speeding ticket or a moving violation. I often ask them, so how's your driving history (record) ? and they always say, "oh it's good." Is it really?

The Objective vs. the Subjective

Remember everything is relative. The range of Good to Ugly = A relationship between your age, your time as a driver (having a license), and what you have done or not done (violations).

Why is it Always TWO?

Just like almost every DWI client tells the police officer I had 2 drinks (2 beers, 2 glasses of wine), it is like the default setting to say I only had 2.

Why Your History Important?

There are always three potential defenses to a traffic (i.e.. speeding) ticket:

1. Factual defense: facts other than what they were?
2. Legal defense: improper (illegal/unconstitutional) police activity or filing or proof.
3. Equity defense: You deserve a break based on your exemplary past.

So is your history good, bad, or ugly?

Can it be used to help you or is it going to hurt you?

The reality:

No tickets within the past 18 months = good
No tickets within last few years = great
Two or more tickets within the past two years = bad
Three or more tickets within past three years = ugly

Young driver = driving less than five years and multiple traffic offenses = BAD History

Have your record and traffic tickets reviewed from a "reality" perspective.

Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

Reviews & Endorsements 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.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

Articles on NY DWI & Criminal Defense: