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?