Monday, November 24, 2014

Ithaca DWI Lawyer: The Dangers of Using a Fraudulent ID ( Fake Identification) in Ithaca, NY

FAKE IDs Abound on Most College Campuses
Warning: Do Not Try to Use them to Buy Alcohol in Ithaca

I am old enough to remember a time when you could get alcohol at the tender age of 18. Funny how that proved not enough to stop me from having someone else's id as a kid. Yes, I hope the statute of limitations has passed on that offense but seriously when you are not young enough to go into certain places it's all you think about.

1984 was a BIG Year

Not too long ago, 30 years to be exact all the states were coerced into changing the minimum drinking age to 21 to receive government funding. See National Minimum Drinking Age Act of 1984. So as of 1984 you can vote, you can fight, you can contract, and you can marry BUT you don't have enough mental function or a right to legally drink. Where the logic is in all of that is something else.

Today Fakes are Common and Very High Tech, But how dangerous are they to use in Ithaca, NY?

Saturday, November 15, 2014

Ithaca DWI Lawyer: What Happens When a Judge Rejects the Plea Offer?

"Don't count your chickens before they hatch."

My grandma taught me a great many things. The truth of her words came from a Russian farm culture. She would often say things that would resonate with me for years to come.

What Happens if The Prosecutor Offers a Great Deal but . . .

Friday, November 14, 2014

Ithaca DWI Lawyer: Can a Prior Out-of-State DUI Affect Your New York State DWI?

Our Little Ithaca Bridge: South Hill to Downtown

If you have a prior out-of-state DWI then you will potentially have greater issues with your current New York State DWI case.

So Many Acronyms of DWI

Remember if you have an (OWI) Operating While Intoxicated charge or a (DWI) Driving While Intoxicated charge or a (OUI) Operating Under the Influence charge or a (DUI) Driving Under the Influence charge they will all be the same back in New York State for both purposes of licensure as well as potential enhancement.

Can ANY Prior DUI Be Used Against YOU?

Your DWI and CPS (New York Child Protective Services)?

Charged with DUI and CHILD NEGLECT

In NYS the majority of DWIs reported to CPS (child protective services) come from law enforcement following an arrest of a parent for an aggravated DWI. I have even seen people use the DWI charges against one another in child custody cases.

Who usually reports you to CPS for your DWI and when?

CPS (child protective services) and Your DWI Charges: Is it Abuse and Neglect?

If you have been charged with any DWI or DWAI drugs in New York and you have young children CPS (child protective services) MAY be notified. But if you have been charged with an aggravated DWI because you were driving while a child under 16 was in your car then the police MUST notify CPS.

When is CPS contacted? What happens next? Does a parent's DWI mean child abuse or neglect?

When the Police Must Report to CPS (Child Protective Services) and NY Aggravated DWI

Substance Abusing Parents are Front Page News
The Stats:

  • 85% of abuse related to Substance Abuse (drugs/alcohol) and poverty
  • 9% of ALL children live with one parent that abuses (drugs/alcohol)
  • 25% of ALL children that die from abuse or neglect had mothers who were addicted to drugs/alcohol

If you are charged with an Aggravated DWI as a Felony in New York that means you have driven your car either:

1. While having a BAC (blood alcohol content) .08 or more (chemical test of your blood or breath), or while impaired by drugs, or while impaired by drugs and alcohol in combo;


2. While the police allege (their opinion) you were mentally and physically incapable of operating that vehicle safely (common law intoxication)


You had a passenger or passengers who were under the age of 16 (15 years of age or less)


Any of these child passengers were under your care as their

Legal Guardian, Legal Custodian, or Parent 

then the police MUST put in their paperwork along with the DWI charges CIV

CIV = (Child in Vehicle) 


They MUST contact CPS (Child Protective Services) and Inform them of these charges against YOU.

You will then be under scrutiny for a host of potential issues.

Do you have a drug/alcohol problem? Are you a bad/negligent/abusive parent, custodian, guardian of this child or children?

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

Reviews of Larry Newman:

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


What are the Two Types of New York Aggravated DWI?

I recently had a person call me utterly confused by her online searches for information. She had ran out in the middle of night to pick up her kid, was not expecting to, and whammo, aggravated DWI.
She was confused because her BAC was only a .09 and her paperwork, said FELONY? How was that possible? Her kid was 15, and so many lawyers and websites said, no, it's someone UNDER 15.

You know how if you say something enough times and in enough places incorrectly it just takes on a life of it's own and somehow becomes TRUE, well that's the internet. Accurate and Reliable Sources are important.

How much Misinformation is floating out there?

What is the truth about New York Aggravated DWI charges?

Friday, November 7, 2014

What's the First Problem With a New York DWI Refusal Case?

This video highlights the first problem when dealing with a New York DWI refusal case. If you miss the first DMV administrative license hearing, because your attorney reschedules it OR the police don't show up OR it is adjourned to another date, then it may take many, many months for Albany to reschedule it.

This is months without a license (it is suspended).
This is months without getting credit (time served) towards a suspension or revocation.
This is months without getting an opportunity to challenge the evidence.
This is months waiting for closure and putting this behind you.

Hence the importance of the FIRST scheduled hearing, and your attorney's role in that process. In some cases this first DMV DWI refusal hearing date can be rescheduled (only the first) via the court/judge.

See my previous blog for more issues or potential problems with DWI refusal cases here:

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

Reviews of Larry Newman:

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

Thursday, November 6, 2014

The Problems with New York DWI Refusal Cases

Is there JUSTICE or Is there JUST US?

The New York DWI refusal case has very specific and unique issues. Firstly, when you refuse a chemical test of your breath or blood in New York State you are entitled to a DMV administrative refusal license hearing.

The Problems with the New York DWI Refusal

Wednesday, November 5, 2014

What they Should Teach in College: Lawful Orders Versus Lawful Requests

This is Anti-authority Behavior

I doubt whether Cornell University or Ithaca College have in courses or even classes in dealing with authority. I know I have gone through many years of college including law school, and I was never taught the basics of orders and requests.

Basic Human Rights and the Police: What do I have to do?

A crucial difference: Lawful orders vs. lawful requests?

Ithaca DWI Defense: What I Learned from the Cornell Tree

Magnificent tree roots at Cornell Plantations

Tree sculpture at Cornell Plantations

I love trees. You knew I had to be a bit quirky practicing in Ithaca, NY. This is a place where you can really observe nature going through it's paces. They go through the seasons up here, and adapt to change. The harshness of our Ithaca winter conditions only strengthens them for the future. I think we can learn from the trees, especially the old ones who have endured and grown strong over long periods of time. Defense is ultimately more than law, more than facts, and more than words on paper.

Why are trees so strong?

In a word, resilience. They can adapt, they are flexible, and that is why their bending is not defeat. Within every criminal case a person accused of a crime or crimes must also be willing, be willing to adapt to change, be willing to endure, and be willing sometimes to go the distance. Part of your attorney 's role as counsel is to assist and support that adaptation. Survivors Adapt!

In every DWI case we must be able to deal with loss of license privileges or lessened privileges.

In every DWI chemical refusal case this loss of license may stretch for many months while our criminal case is unresolved.

In every DWI case we will have things to do and deadlines to meet for the court, the judge, and the prosecutor. Lessening consequences begins here. Finding certainty step by step leads to the best outcome. Meeting these goal markers, or better exceeding them is where success meets opportunity.

Many Hands Make Light Work

Trees have strong foundations made up of many branches all working in unison to provide support.
Bending our schedules, our routines, and leaning on others may not be what we want to do but it may be what we need to do. Family and friends play a role in our getting over and past this point in our lives. You truly discover who will be there for you in times like these. In my practice I have seen friendships and marriages end over a DWI, and I have also witnessed friendships and marriages strengthened over a DWI.

I believe that people much like trees can endure, can overcome, can learn, can adapt, and can emerge stronger from harsh conditions and situations. So I'll leave with with a favorite quote for it embodies my personal philosophy, and has helped me through hard times.

"That which does not kill us, makes us stronger" 

                                                 Friedrich Nietzsche

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

Reviews of Larry Newman:

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