Sunday, August 31, 2014

When does a Bad Driving Record Become Good?

Driving Histories Can Stay With You
Longer Than Criminal Records


I was recently asked by a person with a DWI (less than 2 years ago) what should they should answer on an employment application if they are asked?"

"Do You have a Good Driving Record?"

My answer: I think it would depend upon the job and duties. If it were a job that involved driving, then my answer might be never. The DWI/DUI/OUI is going to be there on a background check for a long time. In NYS it would be there on your lifetime DMV history for your lifetime. In other states like PA, it's at least 10 years, and even then with a little digging or the government it wouldn't be hard to find it.

Why, possibly NEVER?

An employer is concerned about their insurance costs overall. The cost of getting you insured under a corporate auto/truck policy may be ridiculous. If someone had merely speeding tickets and/or other moving violations then these would be more time dependent (how long ago), and age dependent (how old were you then, how old are you now). Things that happened when you were in your teens or early twenties may be forgiven by the time you reach your thirties.

NYS Plea Bargain Look Back Periods

For plea bargain purposes on new tickets and/or moving violations the usual prosecutorial (District Attorney) look back period is 18 months. The NYS DMV holds stuff against you on points and/or speeds for 18 months as well. BUT caution thinking you are safe after 18 months because with more serious traffic offenses accumulated over time, this 18 month look back may not even matter.

Serious Traffic Infractions

Speeds of 15mph or more
Reckless Driving
Unsafe Lane Change
Following Too Closely
License Suspensions and Revocations

What About Cleaning Your driving Record in States with Youthful Offender Status (NYS), ARD (PA), Expungement (PA), and Sealing of DUI/DWI/OUI Records?

NYS has special YO (youthful offender) status for crimes committed before the age of 19. DWI criminal convictions are vacated, and closed for public scrutiny BUT your DMV license history will still show the DWI.

PA has ARD (accelerated rehabilitative disposition) which will get rid of a first DUI criminal conviction and expunge it from your criminal history BUT your PA DOT license history will still show the DUI for 10 years.

Administrative Histories and Punishments Will Linger for a Long Time

Remember that even in states that clean up criminal court histories, and records your driving history is another story. License records and histories will always reveal Administrative sanctions. With national internet databases these records will reveal past license suspensions, license revocations, and actions.

As they say, "time heals all wounds." 

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.


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

Ignorance of the Law is NOT a Legal Defense

"Where Ignorance is Bliss,
'tis folly to be wise."
                                           From a Poem by Thomas Grey


I get phone calls, emails, and texts daily asking the same question over and over, what if I didn't know that was the law? In my state it's ok to.  I didn't know that in New York State:

1. It's illegal to use my portable GPS, iPod, etc. while driving, I thought it was just phone calls?
2. It's illegal to not change lanes when I saw an emergency vehicle or police car pulled to the right?
3. It's illegal to use my medical marijuana (for which I have a card in NJ/CA) in New York State?

Upon the entry points to many states there are signs posted concerning their move over laws and their phone/electronic device law, but are they always apparent and easy to see?

Ignorance of the Law is Not an Excuse or a Valid Legal Defense

We are held to all the rules and laws of whatever jurisdiction (state/country/province) we find ourselves in or visiting. Here's another recent example:

One of my neighbors placed a package by the building mail boxes:

Does he have to be told by the Postal Service
You can't do this!

The US postal rule as posted on a local mailbox,
does his box weigh over 13 ounces, you betcha!

Rules and Laws of Wherever You Are are Important to KNOW

My neighbor won't be arrested for this but his package ain't going to move very far. Does he have to learn the postal rules and laws? How many of our rules are common sense and how many are open for interpretation? 

In GA and Ohio you can't ride a bicycle high or impaired or intoxicated? You can in NYS. In PA you can't ride a horse or horse drawn carriage high or impaired or intoxicated? You can in NYS. 

Who knows any of this stuff? In Colorado many now know that marijuana is legal both recreationally and medically. But although smoking and possession are legal you Can NOT legally smoke in public areas.

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.


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

Saturday, August 30, 2014

How Many Times Must YOU Appear for a NY Traffic Violation?

"New" Vehicle and Traffic Law section 1806 is NOW five years old 

Having to physically show up to court over and over sucks. It sucks for regular (lay) people, and it also sucks for their attorneys. It is a true time waster in every sense of the word. What could be handled or settled or negotiated or resolved in less time and less effort and less money drags on and on. WHY?

Form Over Substance

Why after all are new laws proposed, and then passed by our legislators? New laws are aimed at helping all of us but without common sense in their substance they end up making things worse.

I recently had a Court demand my physical appearance on a ticket case. To demand that an attorney physically appear to resolve a rather simple traffic violation with no aggravating factors is frustrating. This is especially true when it is a 7:00 PM Court in the middle of nowhere. Is it any wonder that my next Court date in this Court is also scheduled 3 months away because the Court is so backed up with tickets. This costs everyone more, not good, certainly not justice or fairness for people by any stretch of the imagination.

The NOT so NEW New York VTL Law Section 1806

In 2009, the New York State legislature changed traffic tickets throughout the state to an almost mandatory three stage process:

1. Initial (first) appearance
2. Pre-trial conference (discussion/negotiation of matter with judge and DA or ADA)
3. Trial (police show up ready to go)

In the real world, tickets, violations get negotiated with prosecutors daily via phone, fax, email, and mail. Most offers on these types of matters are then approved by the judge. Most ADAs don't give plea offers that won't be approved by their respective judges.

If you look to the picture above you see one of the Courts using and almost with a certain glee flouting Section 1806 as a mandate to physically appear. They might be using it as an excuse for whatever reason. In many places we can still handle these tickets (violations) within a two stage process or even a one stage process IF we have all the necessary paperwork and documentation prepared in advance.

IMHO With or without new law common sense must prevail because without it we are all going to be spinning our wheels and going nowhere fast.

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.


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






Wednesday, August 27, 2014

Virginia Driver's License with a New York DWI = Double Penalties

Lately I have had a number of New York clients with VA (Virginia) driver's licenses. Every state is different as to license penalties but to represent them completely I always turn to my out-of-state comrades. My VA DUI attorney friends gave me the low down of what they will be facing back in Virginia.

 +

= PAIN X 2


#1 It is Legal to be Given Administrative Penalties in Two States

In this case, they must deal with both NYS DMV, and the VA DMV. They will have consequences and hoops to jump through to clear license issues in both jurisdictions. My job is to see if I can get them some reciprocity, eliminate redundancy, and to ensure that punishments to licensure are minimized. Even though these people do not have a NYS driver's license they hold (or held) NYS privileges while driving in NYS, and will now face NYS DMV sanctions.

#2 It is Customary to be Given Administrative Penalties in Two States

Few states do not have penalties for out-of-state of DWI/DUI/OUI/OWI (the number of different acronyms is staggering). I can only name one state currently that has NO out-of-state administrative penalties, drumroll please,,,,,, Pennsylvania. I love PA for a number of reasons, I was first licensed and practiced as an attorney there, and their DMV policy is very generous.

Virginia License Consequences

A Virginia-licensed client will be suspended in Virginia for 12 months on a first offense, and he/she may apply to the district court in his/her resident jurisdiction for restricted privileges (license) with a mandatory interlock for at least 6 months of that period, and be required to attend Virginia ASAP as a condition of any such restricted license

VASAP has many different programs. Some are public, and some are private. When I researched their offerings I was amazed with the number of choices for Virginia residents. Their traditional first offender program is around 20 hours (similar to ours), which is 15 hours. They allow people to proceed with many of the programs on their own schedules. This flexibility coupled with a plethora of options makes finding help and receiving it much easier than in NYS. 

If the BAC was below 0.15, your client will be eligible for a restricted license, but will have to go into the General District Court in his/her county and request one.  

If the BAC was 0.15 or more, it will depend on the judge.  While the driver is technically eligible for the restricted license right away, most Virginia judges will not grant one to a 0.15+ driver for four months.

The (special conditional) license is restricted to:

(i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person's employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person's household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation and education program entered pursuant to  18.2-251 or subsection H of  18.2-258.1; (ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation; (x) travel to and from a place of religious worship one day per week at a specified time and place; (xi) travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in a court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person; (xii) travel to and from jail to serve a sentence when such person has been convicted and sentenced to confinement in jail and pursuant to  53.1-131.1 the time to be served is on weekends or nonconsecutive days; or (xiii) travel to and from the facility that installed or monitors the ignition interlock in the person's vehicle.

NOTE: I find it unusual that VA allows travel for religious worship. NYS has no such provision in our statutes. VA residents may think us heathens.

1. Many jurisdictions in Virginia require the individual to have a letter from their employer, setting out the need to drive for work purposes, and a letter from medical personnel regarding medically necessary transportation of an elderly parent, or other person residing in the applicant’s household. 

2. They will also need a current (within 2 weeks) copy of their Virginia DMV record, and a compliance report from DMV, showing that they are “otherwise qualified” for restricted privileges.  

3. I would also recommend bringing a certified copy of the NYS disposition, showing that he/she was deemed eligible for restricted privileges with an interlock by the convicting court.

NYS attorneys take note of this prior to sentencing although most NYS courts will provide the interlock order which should suffice here.

Some VA administrative (license) consequences, like the ignition interlock will overlap with the NYS consequences. In place of the NYS DDP most judges will allow the out-of-state VASAP program attendance or an equivalent. 

I thank Corinne J. Magee for all this VA license information and guidance. Corinne is a fellow member of the NCDD (National College of DUI Defense), and an excellent DUI attorney.

The Magee Law Firm, PLLC
6845 Elm Street, Suite 205
McLean, VA 22101-3822
facsimile: 703-356-6863

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.


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



What are the Four Things the Police Can Do to a Lawfully Stopped Car?




Lawful Police stops are usually for either an equipment violation or a moving violation. Once that occurs,

The police can do the following after the lawful stop of a car:

1. Shine a light into the interior of the vehicle, But they may not break the window line or go into the car.
People v. Cruz, 34 NY2d 362

2. They can open any and all doors of the vehicle.
People v. David, 56 NY2d 698

3. They can order the driver to get out or to stay put.
People v. Robinson, 74 NY2d 773

4. They can request information: license, registration, and insurance.
People v. Banks, 85 NY2d 558

Any intrusion that goes beyond that requires justification and reasons. Usually this will be the sight of drugs, the sight of weapons, or the smell of marijuana. Once any of those things occur then the passenger and the driver can be legally subject to more invasive search (frisk), and seizure (longer detention).

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

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

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

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

What's the # 1 Reason That Prosecutors Dismiss Criminal Cases?



"It's Elementary Dear Watson"

Sherlock Holmes


If I was Sherlock speaking on criminal cases, I would say to you, "It's Evidentiary Dear Friend."

Criminal Cases Live or Die, Rise or Fall Based on Evidence

For evidence is the main reason that cases get dismissed. Lack of evidence, weaknesses in the evidence, no evidence, and/or suppressed evidence. Criminal cases succeed or fail based upon the evidence. Can it (the evidence) get into a trial? Is it (the evidence) reliable? Is it (the evidence) accurate? Is it (the evidence) biased?

Defense Attorneys Challenge Evidence

Challenges can take the form of motions, hearings, and ultimately trials. Witnesses get confronted and cross examined under oath. If the prosecution's case can be weakened then a reduction of the charges or a dismissal of the charges can become a reality.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com



Understanding DWAI Blood Results for Marijuana/Cannabis/Pot/THC



This is a common story. Car gets pulled over for speeding or erratic driving. Sometimes the car is stopped for a too long a time at a stop sign AND as the joke goes, waiting for it to turn green. Anyway, the police stop the car, window comes down and whew, the odor, the smell of weed permeates the air. Or the driver says, "I'm high as f...k."

I don't need to make shit up anymore. So many crazy stories of drugs, cars, parties, people, and events too vague or hazy to fully remember. The criminal charge of DWAI drugs NYS VTL 1192 (4) in this and many cases due to marijuana, the drug THC.

THC is Active as Delta-9

Tetrahydrocannibinol begins as Delta- 9 THC as the active substance in the blood. The blood stream after smoking and/or ingesting rises to it's peak of 100 to 200 or more nanograms. In Colorado only 5 nano grams in the blood is "per se" impairment. It falls from the hundreds to single digits after 3 or so hours.

THC Breaks Down Into Metabolites 

THC first breaks down into hydroxy THC. This still has effects upon the body and the mind for many hours after the initial active substance has dissipated. In the ensuing hours, days, weeks we then have carboxy THC.

THE Bottom Line On Blood Tests for DWAI Drugs (THC)

If the DA's blood results do not show ACTIVE DELTA 9 THC then they have a weak case of DWAI drugs UNLESS they have found drugs on your person, or have performed a DRE (drug recognition evaluation).

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

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

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

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

Monday, August 25, 2014

The Eyes Can't Lie: Why the DWI Eye Test is a Police Favorite


Window to the soul or revealer of drugs and alcohol
YOU DECIDE!


Police nationwide love one field sobriety test most of all. It is referred to as the "eye" test or the HGN or the nystagmus test. It is really the Horizontal Gaze Nystagmus test.

What is NY-stag-MUS? 

It is an involuntary jerking or oscillation of the eye ball as it tracks an object. Nystagmus is normal. Nystagmus is a natural eye condition. All eyes track and jerk BUT alcohol and some drugs can increase the jerkiness and the oscillations. It can become more apparent to the trained eye, and sometimes it so bad (severe) it can be seen by even the untrained eye.



HGN Police Sobriety Test Nystagmus is special.

The HGN police sobriety test look for nystagmus that is "distinct" and "sustained" and/or "exaggerated" and/or "magnified." 

Why is there an Increase of Nystagmus in the Eyes?

The eye balls are controlled by the eye muscles. Eye muscles are connected to nerves which go to the brain. The brain has the CNS: the central nervous system. Alcohol and other drugs affect the ability of the brain and CNS to fire off impulses to trigger proper functioning and coordinated movements.

As Alcohol levels increase so does the onset and severity of Nystagmus. Higher BACs mean more jerking and oscillations of eye movements.

HGN is the one Police Sobriety test that cannot be controlled or faked. 

Sometimes seasoned drinkers or drug users can balance, coordinate, and easily fool police testers. What they cannot fake out is the HGN test.

Nystagmus is involuntary and uncontrolled movement of the eyes.

The HGN (horizontal gaze nystagmus) test cannot be practiced or controlled. 

And that is why it is a police favorite!

Now on balance in future blog posts I will give a ton of reasons why HGN is not reliable and not accurate and not always in and of itself the best way to judge/assess impaired and/or intoxicated and/or drugged drivers. 


Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com




Wednesday, August 20, 2014

Complications of Moving State to State and a New York DWI

I want to be this vagabond, he is too cool!
from mangafox.me

The New Vagabond Culture

People move around these days. It ain't like it was in the before time. People got a job, got married, had kids, bought a house and lived and died on the same block after being there for 40 years. Yup, that's the before time stuff. These days, people have numerous jobs, careers, baby mommas and baby daddies, they move city to city and state to state. As a key example of this craziness I have lived and practiced in more than four different states. Beyond that in two different professions: Chiropractic and Law. On top of that civil Personal Injury litigation and criminal defense. I have been criticized for all of this over the years by those who believe that this speaks of immaturity, instability, and plain old nonsense. I just prefer change and adventure. My maturity is always questionable at best. After all how many men in there 50s have Yoda bobble heads.

The WHAT IF GAME

But today we play the what if game. What if we have a pending DWI charge or charges? Can we move? Can we relocate? Can we take a new job? Can we enter a new graduate program? Hell can we sign a new lease for an apartment? Or are all of these BAD ideas while our case is pending?

NYS Misdemeanor Probation Keeps You in NYS

First, if you get placed on misdemeanor NYS probation YOU are STUCK in New York for 2 or 3 years. NYS misdemeanor probation does not transfer state to state. It is community based and centered local supervision. You could transfer to one of the other counties (NYS has 62) but not out-of-state. That is one of the real dangers of NYS misdemeanors, they lock you down to New York.

Is Your Conditional License Any Good Anyplace Else? 

Second, if you move after a NYS refusal DWI or a DWI with a chemical (blood or breath) test but only have a conditional driver's license will this license be honored (accepted) in the New State?

For an example, I had a NYS refusal who wanted to take a job in PA but PA DMV said that he would have NO license privileges if the refusal occurred in PA so they would NOT honor the NYS conditional privileges. If he got stopped (pulled over) for anything in PA then he was in trouble with that license. Ignorance would not be a defense to unlicensed operation in that situation. Every state is different, some offer no conditional privileges to their DUI offenders so they offer NYS offenders NO privileges either. In NJ, there is NO conditional or hardship license. So using a NYS conditional in NJ  may be a big problem.

Ignition Interlock Requirement Comes With You State to State

Third, under the new Leandra law there is an ignition interlock requirement of 12 months for all first time DWI offenders. If it is installed in NYS, and then you move, it still requires monitoring and downloading the information from the device every 30 days.  Will your provider, Intoxalock or Smartstart allow you to transfer the monitoring to a new state (location)? You must insure that the information gets sent via computer to the monitor back in the county of the DWI offense every month. What if they log a violation or violation of the device? You must now return to the monitoring county and face the court of record?

That's all certainly a lot to think about.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com





A DWI Refusal has Dual License Action in New York

DUAL-ACTION Can be powerful
If Only it would work on getting rid of other s... tuff

A recent question or questions about the confusion of NYS DWI refusal license actions:

I finished reading your advice on how to beat the DWI case in NY but I still have a question. 

What happens if my case gets dismissed at the refusal hearing. 
Is my license still going to be suspended for one year? I have 2 hearings, one a refusal and the other a DWI hearing. 
How does it work and what outcome do I need to retrieve my license immediately? 

Wow, when I first got this I thought no way I'm tackling this one at 7am but the expresso is kicking in, so here goes:

RE-fusals have TWO License Actions

It is a bit more complicated license wise with a refusal case because in actuality there are in fact TWO separate and distinct actions against driving privileges (driver's license):

1. The Refusal itself creates the first license action
2. The Criminal Case creates the second license action

The TWO Actions Can Run Consecutive or Concurrent to Each Other

Even if the first action is resolved (dismissed) then we still have to deal with the second license action. If we have both license actions then they can run together (concurrently) or they can potentially run apart (consecutively).

Depending upon the final case (criminal) outcome (resolution) there could be only a 90 day suspension (DWAI) from the criminal but still have the underlying one year revocation from the Refusal. 

Confusing, but in that case the only license privilege potentially is a conditional license privilege if we have action based upon the Refusal. This would be for the remainder of the one year time period regardless of the criminal case outcome.

I would still consult with an attorney regarding the timing, facts, and circumstances of your particular case. Each case is somewhat unique. Things get more complicated with out-of-state license holders and NYS DWIs. 

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com



Tuesday, August 19, 2014

New York DMV App to Help Prevent DWI (Have a Plan)

"Have a Plan" APP is more than Just that
from NYS STOP DWI.org


The New York State DMV has launched a new, and free phone app called "Have a Plan." First, it's a great idea, one whose time has most definitely come. Second, the Have a Plan section of the app is only your self-made list of contact names and numbers. This app is far, far more than just that one section.

The App has eight sections:

1. Have a Plan (your list of names and numbers/family and friends plan)
2. Don't drive get a ride (local taxi or car service via GPS search)
3. Impairment Estimator: punch in bodyweight, gender, # of drinks, hours drinking = BAC
4. Test your skills: many silly mind games using your phone to test your mental impairment
5. DWI facts and myths
6. Report a DWI: basically it states CALL 911
7. STOP-DWI Social Media: like us on FB, follow us on twitter, find us on vimeo, check us out on YouTube
8. In the news: current DWI and DWI related news

Things I didn't like:

The impairment estimator tells you don't even drive after one drink. In their minds impaired driving begins at ONE. Second, the impairment estimator does not differentiate between men and women. There is a big difference in how alcohol affects BACs in men and women. To state they are equal is completely wrong.

See my recent blog post, and video comparing and explaining high BAC women DWIs and why here:

http://ithacadwi.blogspot.com/2014/08/why-do-women-get-high-bac-dwis.html

The meatiest section by far is the DWI facts and myths. It is for the most part accurate except .06 BAC is a legal presumption of impairment in NYS not .05 BAC.

DO YOU?
from insleyconsulting.com

BE Prepared / BE Proactive

I've discussed the concept of being proactive and prepared before going out numerous times in my blog.  In fact, it is what I preach (to the dismay of my kids and their friends) at home to my four kids. BTW if you want to download the app, just type "have a plan," using the search terms: DMV or New York or DWI will prove absolutely fruitless and frustrating.

The DMV app helps in a few ways: 

By your GPS location to find local car service/taxi.
Stored phone numbers of people who can come get you.
BAC (blood alcohol concentration) estimates based on number and types of drinks.

I tell them have two things in advance of going anyplace: money for a cab and numbers of taxi companies. If they can get a lift and not drive even better. Don't place yourself in a bad position is the true KEY.

YOU can't make a good plan, a good decision, a good anything late at night or early in the morning AND under the influence of anything (well maybe if it's just adderall and caffeine).

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com




Sunday, August 17, 2014

Why Do Women Get High BAC DWIs?



In my Ithaca DWI practice I represent the full gamut of people. Everyone from the college crowd of professors and students to local cooks and tourists on holiday. DWI is a very typical first offense misdemeanor for the large majority of people. Many people are amazed when the police tell them their BAC level. They wonder how their BAC (blood alcohol concentration) levels got to be so high.

The Differences Between Men and Women are more than Mental

Women and men are very different in number of ways. I can tell you after 25 years of marriage I'm still scratching my head most days trying to figure out what I did that was wrong? That is for another day, and perhaps another blog post but today I seek a clearer answer to the men DWI versus women DWI BAC level anomaly.

Men DWI vs. Women DWI

Women can drink the same as men but will experience a higher BAC level because:


1. Alcohol is Hydro-philic (it loves water) that is why alcohol mixes well with juice, water, and soda. It is also why alcohol goes to the brain, organs, and muscle tissues of the body. The areas highest in water concentration. Alcohol does not accumulate in fat tissue (oil).

2. Women have a higher body fat percentage is why their muscle mass is smaller (generally) than men. So what alcohol they do consume will have a smaller volume of water to mix with and therefore a higher BAC (blood alcohol concentration) level.

3. Drink for drink men average .02 BAC/drink and women .035 BAC/drink

Three Drinks for a man is still around .06 BAC (so impairment but not intoxication)

versus

Three Drinks for a woman is around .11 BAC (intoxicated)

Remember what a standardized drink is:

12 oz. beer at 5%
5 oz. wine at 12%
1.5 oz. 80 proof at 40%
12 oz. cooler at 5%

Many beers are over 5% +, and many wines are 14% +

New York VTL 1192 (2) (A) (A) Aggravated DWI

Pound for pound women will get drunker faster, and with a higher BAC just based upon gender. 

In my DWI practice I have had many aggravated DWI (.18 or more) women clients who only had 6 drinks, while a man at that many drinks still only be a .12 or less.


Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com






Saturday, August 16, 2014

Lawyering in the Town of Romulus Court, Willard, NY

I recently had a few DWI cases up in Seneca county. A couple in Seneca Falls, and one in the town of Romulus. I defend plenty of speeding tickets from Covert (Interlaken) as well. Route 96 and 96B goes from 55mph to 45mph to 30mph and in some areas (school zones) to 20mph. If people don't pay close attention, whammo, the Seneca County Deputies will get you for a nasty speeding ticket.
Attached to Romulus Court and Town Hall
is Willard Post office

Town of Romulus Court, 1435 Prospect Street
Located in Willard, NY
Court here in the Town of Romulus Court is every Friday with a District Attorney and Public Defender here only once per month. Things may take awhile if you go public versus private, just saying.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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.

http://www.ithacadwi.com

newman.lawrence@gmail.com