Thursday, December 1, 2016

Ithaca DWI Lawyer: Can the Police Check Your Car Trunk for Drugs in New York?


Trunk Access from My Back Seat

In a recent court case of People v. Jones, 2016, Livingston County a person was stopped for speeding which led to search of his car and then of his trunk. Of course pot was found in the trunk of his car, and a suppression hearing was held to determine the constitutionality (legality) of the police search of the trunk.

Was the trooper within the law?
Is it ok for the police to check your car's trunk?
Does this violate your 4th amendment rights?
Can they do this with every car stop?

Monday, November 21, 2016

Ithaca DWI Lawyer: New York DWI Charges: Are there Alternatives to Jail?

DWI sentencing alternatives
need to be considered  
New York State has a great many programs under the hub of "ATI" Alternatives to Incarceration. An alternative is merely an option. So an option other than going to jail may seem attractive at first glance.

Is Jail a Usual Sentence for a New York DWI ?

Tuesday, November 1, 2016

Ithaca DWI Lawyer: The New York Conditional Discharge: If You Violate Can They Go Back to the Original Charges?

I loved as a Kid,
No Backsies!!
People are generally confused about the New York Conditional Discharge. We have written and videoed about it but still questions linger. A recent email was from a concerned mom. Her daughter had originally been charged with a felony and a misdemeanor in the Bronx. Trumping up (elevating) offenses happens quite often in many situations because it is far easier to start higher and then come down than it is to start low and go up.

Well the daughter, after a plea bargain wound up taking a plea to a couple of violations (non-criminal charges). But she was unsuccessful meeting all of conditions of her CD and violated her release.

                                               Could the District Attorney go back (take backsies), and prosecute her  
                                               for the felony?

Ithaca DWI Lawyer: What Makes New York DWI Law Unique and Dangerous?

Maybe Henry Ford was right, "New York is a different country." You know I feel that comparison is more important than knowledge. People get so caught up in what things are without having a context. Can we really appreciate anything without comparison and perspective?


Is New York State like Ford said, "Everybody thinks differently, they just don't know what the the hell the rest of the United States is." I believe to fully understand New York state's DWI rules, laws, and regulations you must contrast them to other state's DUI rules, laws, and regulations?

Ithaca DWI Lawyer: Defending An Unconstitutional DWI Stop Just Got Harder

The Turn Signal,
So Simple Yet So Underused
You live and learn. That's life. Well over the years of practicing DWI defense you learn how to deal and defend what's right in front of you but now we have to watch out for stuff not written in the police report or the tickets.

Can police make up new stuff in Court to bolster, and make bad ticket DWI stops suddenly constitutional?

Thursday, October 27, 2016

Ithaca DWI Lawyer: What Happens to a Montana Driver's License with a New York DWI?

If You're from Montana
you're practically Canadian
The wonderful thing about Ithaca, NY is that we have people visiting from all around the country and the world. Over the past eleven years we have represented and defended people for New York State DWI from dozens of countries and states.

Job Number One: Discover Implications with Any Out-of-State License with a New York DWI


Any New York lawyer must first discover the implications "license" wise, aka administratively with their client's DWI/DWAI/Aggravated DWI charge. Driving privileges in most states are taken as a constitutional right even though legally it is a privilege. You have to contact DUI/DWI/OUI lawyers from that state/jurisdiction to find out what happens with a out of state drunk/drug driving charge.

States like Pennsylvania currently do nothing with their citizens out of state drunk driving charges. States like New Jersey impose thousands in fines and classes.

What Does Montana Do to Driving Privileges with an Out of State (New York) DWI?

Ithaca DWI Lawyer: What Happens to a Montana Driver's License with a New York DWI?

If You're from Montana
you're practically Canadian
The wonderful thing about Ithaca, NY is that we have people visiting from all around the country and the world. Over the past eleven years we have represented and defended people for New York State DWI from dozens of countries and states.

Job Number One: Discover Implications with Any Out-of-State License with a New York DWI


Any New York lawyer must first discover the implications "license" wise, aka administratively with their client's DWI/DWAI/Aggravated DWI charge. Driving privileges in most states are taken as a constitutional right even though legally it is a privilege. You have to contact DUI/DWI/OUI lawyers from that state/jurisdiction to find out what happens with a out of state drunk/drug driving charge.

States like Pennsylvania currently do nothing with their citizens out of state drunk driving charges. States like New Jersey impose thousands in fines and classes.

What Does Montana Do to Driving Privileges with an Out of State (New York) DWI?

Friday, October 21, 2016

Ithaca DWI Lawyer: Danger to CDL Holders and New York State Leaving the Scene of a Property Damage Accident



New York State law enforcement can be tough on truck drivers at times. As if making deliveries in and around New York State isn't stressful enough, you gotta be careful because common sense, and doing the right thing don't always go hand in hand. If you make the following common mistakes of judgment you may be facing a loss of CDL, and job for one year.

Ithaca DWI Lawyer: Why New York DMV Points Don't Matter to Out of State Drivers?




People are obsessed with Department of Motor Vehicle points. They call or email us and the first thing they want to know is, how many points is my ticket for? and then, can you get me a no points ticket?

When I tell them if they are from another state other than New York that points often don't transfer, or that they often don't have any nationwide uniformity or that their car insurance company doesn't care about them, they are confused.
If you have get a New York moving violation, and you are from out of state read on to learn the truth about NYS DMV points.

Monday, October 10, 2016

Ithaca DWI Lawyer: How New York State Treats Violations Criminally



New York is different, it always has been and unfortunately for better or for worse it will remain. We do have three different levels of offenses. Felony and misdemeanor are called crimes, and violations which are considered NON criminal but NYS treats them for all intents and purposes as "criminal" offenses.


Maybe NYS violations are not "classified" as criminal or called "criminal" but they have many things that make them feel CRIMINAL because of all the following:

Thursday, September 29, 2016

Ithaca DWI Lawyer: New York Ain't Like the Rest When It Comes to Marijuana


The Pot I know and love


Pot in New York is still Evil


As the rest of the United States legalizes, decriminalizes, medicalizes, and promotes the safety of pot New York remains a hold out of the dangers and evils of marijuana. We practice in Ithaca, NY and it's environs and we still hear and see all this old time rhetoric. Pot is evil, weed is bad, and the public must be protected.

This was all recently evidenced by a Upstate New York marijuana case in Lockport, NY. Just for a point of reference Lockport is close to Rochester, NY, and is another one of those sleepy little towns. People v. Miller  (Lockport Court, Niagara County New York) was just decided in September of this year.

The story of the teacher, the bird, and the trooper. 


Friday, September 2, 2016

Ithaca DWI Lawyer: Pulling a Jury for a New York DWI Trial



In New York, Misdemeanor Cases have 6 Jurors
and Felony Cases have 12 Jurors

I'm one of those guys, you know the ones who actually like to talk. Who as my kids say talks to anyone and everyone. I generally like people, and am a junior psychologist of sorts. Maybe it comes from my mother or just the fact that I'm happy to be able to talk at all. One of the better things about liking to talk to people is what you can hear. People when they open up tell you exactly how they feel.




Learning to be a Better Defense Attorney Begins with Listening to the Viewpoint of Assistant District Attorneys (prosecutors) 


It's nice to hear a prosecutor's perspective on different cases. Nice to know how, and what they're thinking. Sometimes it's so at odds with what a defense attorney thinks about the same thing. Given an opportunity many ADAs will share openly and honestly about cases.

First Place of Defense Lawyer Prosecutor Agreement: Jury Trials Can Be a Big Suck

We do all agree on one thing: Jury trials are a big deal. It's like going to war. You have to know what you're investing. Lots of time, energy, and money go into a trial.  Anyone that feels otherwise is either one of those delusional types or just likes to waste people's time, energy, and money. There are quite a few attorneys that dare I say fall into both categories.

I'm more a pragmatist. What is truly in my client's best interests? Does this serve my client or merely my own ego? Believe me the large majority of times that I want a trial, would actually love a trial, it is not in my client's best interests.

There is Hell to Pay for an Unwanted or Unnecessary Trial

We may have a great defense but we also may have a judge that will make every single step we take painful. This same judge and prosecutor if we ultimately lose will take it out not on me but on my client. This wrath will be cloaked in many reasons why they deserve the full weight of the court and of justice but believe me when I say it's retribution for the trial.

Even with all that said, so what's really involved with getting a jury into the box.

Trials Begin with Picking a Jury

Remember that of the 6,200 plus little town and villages courts dotted over the landscape of the great state of New York many are run by part-time clerks and part-time judges. That said if there is to be a jury trial, it begins with the clerk. Judges and their clerks have to work closely together to ensure that all the checks, boxes, and balances all align. There is no bigger deal than a jury trial. Everyone is watching and everything is being recorded. Being fair, impartial, and unbiased in these low population (tight knit) towns is no small feat.

STEP ONE: The clerk must Summon the Prospective Jurors by contacting the Commissioner of Jurors Office of that county.

Every county in New York State has a Commissioner of Jurors Office which will administer all jury needs, this includes the jury needs of every town and village Court. 

Generally speaking they will need to begin with a Full Jury Venire of anywhere from 45 to 50 people to get down to 6 jurors and 3 alternates. Why so many people? We need to begin with a lot of people because so many people will not be able to serve for medical reasons, family reasons, religious reasons, and employment reasons.

Not Everyone is the Perfect Juror for a DWI Case


Even after all of that we will go through what is called Voir Dire to ask the jurors questions about their ability to serve on this jury fairly and impartially. This jury will be hearing evidence on a DWI or DWAI drugs case?

Do they have any preformed prejudices or beliefs that would not allow them to just weigh the evidence? Not everyone is the perfect juror for every jury trial. Some people are great jurors but not on every type of case. In their past history they may have had run ins with the justice system, with drunk drivers, with alcoholic husbands, with drug addicts, or with their own children or family members that have struggled with drugs and/or alcohol.

The difficulties with getting a fair and impartial DWI or DWAI drugs jury pool is that many people will hide, will deny, and will even perjure themselves before revealing their own demons. Problems with drugs and alcohol are so prevalent in our society.

Just jury selection or more de-selection on a DWI or DWAI drugs case can take a full day or more. It takes just that long to allow people to finally open up. I have seen those that were convicted of DWI manslaughter and spent years in prison sit in the jury for pool for hours before raising a hand.

"Excuse me I don't think I can be fair and impartial." "I killed someone while DWI about 19 years ago." Another hand goes up, "I run a church group that is against all drinking but I still feel I can be fair and impartial." Another hand goes up, "my brother died of a drug overdose."

Every single person that has a strong charge against drugs and/or alcohol must be screened. As we say "void dired." Next blog post:

VOIR DIRE in a DWI Case

Saturday, August 27, 2016

Ithaca DWI Lawyer: What if Atticus Finch was a DWI Lawyer?

from Pastemagazine, Good Old Atticus 


Atticus Finch is the fictional lawyer in To Kill a Mockingbird. I'd like to think we as present day DWI defense attorneys could learn a few things from this amazing man of fiction.

It all comes down to understanding yourself, and others.

Atticus has a young daughter, Scout. Like most dads he wants give his daughter a real life education not just an academic one. One line from the movie is most riveting:

If you can learn a simple trick, Scout, you'll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view, until you climb inside of his skin and walk around in it

Ithaca DWI Lawyer: The Truth about Tampering with DWI Evidence in New York

It is a crime in New York to
Destroy Evidence

In my surfing on the web I recently ran across this headline, more like link bait:

"Brilliant new DUI defense: Lawyer eats breathalyzer report"

First, the reality is they don't give "the" evidence directly to DWI defense attorneys. Breath test reports and blood test reports are a copy of a copy of a copy so to even think or believe that you have destroyed THE evidence is utter stupidity.

Second, destruction or tampering with evidence in a criminal case in New York State is a Felony level offense. This is punishable by up to four years in state prison not the local county jail.

Lastly, the original inspiration for this article was a Yahoo news story from Russia. This isn't even a United States legal situation. To compare their legal system at any level to ours is in a word absurd.

https://www.yahoo.com/news/appetite-for-obstruction-lawyer-eats-evidence-to-091424292.html

Imagine these real Tampering with Evidence DWI situations in the good old United States of America in New York State:


  • Guy stopped for speeding, cops smell weed, find a joint in his ashtray (a marijuana violation), and an eighth in  his pocket (possession) a mere misdemeanor at that point then he decides to EAT IT, and is facing a FELONY level offense for destruction of evidence.
  • Person is DWI then hits a parked car, knocks off the car's side view mirror. He gets out and puts the mirror in his car, and drives off.  Later is stopped for DWI, leaving the scene of a property damage accident, and evidence tampering/destruction/concealment, A FELONY.
If you have a DWI, DWAI drugs, or other traffic related offense in Ithaca, Watkins Glen, or the surrounding counties, give us a call:

607-229-5184

BY NEWMAN & CYR

Or find us online!

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER:  If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca DWI Lawyer: Using The Equity Defense in New York DWI

Understand How the Judge Views
Equity and Fairness

DWI Equity Defenses = Fairness in Prosecution

eq·ui·ty

ˈekwədē/

noun

1. the quality of being fair and impartial.

Many DWI cases we defend have horrible facts, terrible video, and usually involve multiple charges. In situations like these criminal defense attorneys must look beyond the facts, and beyond the law to the defense of EQUITY. Ah sweet equity, the word just rolls off your tongue, and it can be for all intents and purposes a savior of sorts.



Can we inject fairness into what some believe is an unfair DWI process?



Tuesday, July 12, 2016

Ithaca DWI Lawyer: The Power of "I want a lawyer" with Klonipin, Xanax, Benzo DWAI Drugs



A recent New York State DWAI drug case conviction for manslaughter was overturned by the Appellate Court. It is now being set for a new trial without mind you the blood evidence of drugs.

Tuesday, May 24, 2016

Ithaca DWI Lawyer: How Ithaca, New York Makes Law: A Story of Pot, Parks, and People

from epodunk, Dewitt Park

Little Ithaca, NY is no more than a blip on the map but things do happen here as evidenced by a recently published Ithaca City Court decision. This particular case involved pot smoking in one of our beautiful little downtown parks. You see marijuana is ubiquitous to Ithaca as well as those who like to partake. Yes New York State now does have "medical" marijuana but we are a world away from the medical use of marijuana in California or even New Jersey. But that is a story all it's own for another day. The police here still view pot in a criminal way and not a casual one. You know where people just relax and breathe deep amidst the joys of nature.

The Ithaca, NY Mix of Pot, People, and Public Parks


When you mix up pot with people in a public place you can see how things can go abit awry. The case is called People v. Brukner, see the full legal decision here:

http://law.justia.com/cases/new-york/other-courts/2015/2015-ny-slip-op-25434.html

Mr. Brukner was merely hanging out with a bunch of his friends in Dewitt Park on a lovely July night. Oh the Ithaca weather in July is delicious. The summer time is truly the time to enjoy all that the Finger Lakes have to offer. It is a welcome respite after enduring another harsh and brutal winter. The cold in Ithaca is not just a temperature thing it's a severely depressing one with tones of grey and night ocean blue.

Saturday, May 14, 2016

Ithaca DWI Lawyer: Use of Proper Analogy: DWI Defense Learns from Firestone



I recently was taking care of my daughter's car at Firestone. One of my dad duties is taking care of the cars. Maybe because I'm supposed to take care of anything involving a motor, gas, electric, or of a mechanical nature. So I brought it in for an oil change, and the once over.

Batteries and Core Charges


Guy does the hey "by the way" we found that your battery is running weak. We have a solution, a new battery. Ok, I'm there but when I get the bill there is a charge I don't quite get.

Battery charge
Core charge
Trade in Core credit
Install and replace Charge

Called the Core charge, meaning every battery has a core that is still useful/recycle-able. And some people keep their old battery, it still works but weakly. What I could not get or he could not help me understand was why I was being charged for an additional CORE plus getting credit for my trade in CORE?

He kept telling me the same thing over and over but I wasn't getting it. What he needed was an analogy.

Google Helps Me Understand CORE Charges by Analogy


Thank G-d for google, I googled CORE and charges and understood it perfectly.

The CORE charge is just like the recycle charge on a can of soda. It's a fee you pay in addition to the cost of the item for recycling it. If you return the can you get the recycle charge back.

That's the power of analogy. I sometimes use with juries,

New York State DWI is One Test One Sample Tested One Time


New York is a one test one time one sample state, would you go to a doctor and let him make a diagnosis based upon one test one time taking just one body sample?

Would you let that same doctor decide on treatment, drug therapy, or surgery based upon that single test?

If there are doubts in the case besides this all of them are amplified by the unfairness of this analogy. The danger inherent in finding a person guilty based upon evidence like this.

If you have questions about a DWI charge in New York, call us at 607-229-5184

Or find us online!  





BY NEWMAN & CYR 
Copyright 2016.  Educational Use Only.

If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of a charge --including the potential loss of your freedom. 

*Attorney advertising



Ithaca DWI Lawyer: The Big Gulp DWI Defense: Retrograde Extrapolation


The Plausible Big Gulp DWI Defense


Defending DWI cases means looking hard at the facts in every case, and then determining if something is in truth plausible. Plausible means many things to different people but to the majority it speaks to not only possible but likely. In other words, not a shot in the dark or the needle in the haystack, something more than that.

Raising defenses means taking an offensive approach. With the DWI "big gulp" defense not to be confused with the massive 7-11 drink by the same name, you have taken a big gulp of alcohol or drink or shot right before driving your car. As to whether that sounds plausible, well watch any movie, TV show, or ask your bar going or frequenting friends, people don't like to waste precious (expensive) drinks, and people do take shots.

The Passage of Time After the Big Gulp 


You leave the bar or a friend's house and then at some time later after you have been stopped by the police, after being sobriety tested, and after more time then breath or blood chemical tested you registered over the legal limit of .08 BAC.

It is said, "Time can be your friend or your enemy." 

The chronology of a DWI case is crucial because the consumption, absorption, and elimination of alcohol from the body is a dynamic process not static. Nothing stands still, everything is moving forward but things go up and then go down. Alcohol levels will rise then they will fall. This is physiology at it's best.

Using the DWI Defense of Retrograde Extrapolation


A big term easily understood, take a point in time after consumption of alcohol, we have a BAC (blood alcohol concentration) level, that is post-consumption, but not post-absorption (if your body is still absorbing alcohol) then figure backwards (retrograde) what the measure of the alcohol level could have been earlier in time (like at the time of actual driving).

BAC at time of driving (DWI) ?

BAC post arrest (preliminary breath test) which is inadmissible in NY but may help us

BAC chemical test (breath or blood) at some time after driving and DWI arrest

Actual BAC at time of driving calculated (backwards) less than at time of chemical testing

DWI Retrograde Assumptions


1. When the body processes alcohol it is first absorbed (goes up) then eliminated (goes down). The first assumption is that your BAC was on the rise, was still being absorbed by your body.

2. You took a big gulp or a large amount of alcohol right before driving your car. A strong shot or large amount of alcohol could be equal to two or three drinks or .04 BAC to .06 BAC in addition to a BAC under .04 (approx. two drinks or less).

3. The police tested you at a time post arrest, post driving, but not post absorption so your BAC was still on the rise and much higher than at the time of your driving.

You were not DWI because the WHILE component was not satisfied, remember it is always Driving
WHILE Intoxicated. They must be simultaneous. The pressing question for the jury will always be  what was the ACTUAL BAC at the time of driving not some educated guess or calculation.

If you have questions about a DWI charge in New York, call us at 607-229-5184

Or find us online!  





BY NEWMAN & CYR 
Copyright 2016.  Educational Use Only.

If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of a charge --including the potential loss of your freedom. 

*Attorney advertising



Friday, May 13, 2016

Ithaca DWI Lawyer: New York Cares More about Horses: The Replicate Testing Defense in NYS DWI


New York is a One Test DWI State


Most New York State DWI charges with an associated chemical test of blood or breath ONLY have ONE test. New York state is a one sample one time state. In other words the police take one sample of your body fluid, and test it only one time. Is it fair to base an arrest, let alone a DWI criminal conviction on one sample of your body fluid, and only tested once?

Ithaca DWI Lawyer: Using the Margin of Error Defense in New York DWI Charges




Most New York DWI Charges are "Per Se" BAC based Charges


Most New York State DWI charges have an associated chemical test of blood or breath. The chemical testing of breath samples are behind the most common New York State DWI charges. Remember Driving While Intoxicated can be proven two ways: common law by observations and testing of your behavior and per se by a specific amount of alcohol in your body close or at time of driving.

There is a margin of error with any testing, especially scientific testing of samples. The question is what is an acceptable margin of error in NYS DWI Breath Testing?

Monday, March 21, 2016

Ithaca DWI Lawyer: Code of Conduct Violations: Ithaca College and Cornell University Student Policy

From Beer Pong Table Design


Cornell University Code of Conduct

Ithaca College Code of Conduct  

People have a pretty clear understanding of what legal representation is, you get a lawyer and they speak and write on your behalf. Basically, they are your advocate, plain and simple. BUT with any school Judicial Administration against you by a school you will not have the full legal representation.