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.

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:



Or find us online!

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.

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*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




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?