How to Win the New York DWI Refusal Case
AVVO.com Lawyer and Client Reviews of Larry Newman
FREE BOOKS on New York DWI Defense and Injury Law
Tuesday, January 31, 2017
What if the county monitor for your interlock decides to violate you?
Monday, January 30, 2017
|Post traumatic Mental Health Disorders|
From The National Institute of Alcohol Abuse and
Is it wrong and/or dangerous to label people struggling with drugs or alcohol with a mental disorder versus a drug/alcohol problem?
Sunday, January 29, 2017
|Hash Oil is Potent|
But be mindful that even resin Unlawful Possession can still carry many collateral consequences outside of court like ineligibility for Federal students grants, loans, and aid. What's far worse than garden day variety weed is concentrated marijuana.
How does New York define concentrated cannabis and how is that different than being charged with a Penal law section 221.05 UPM?
Saturday, January 28, 2017
|Quadriplegics Aren't Protected|
Under Federal Marijuana Law
We have no uniformity with what driving while high on THC even means, we have four different standards nationally for driving impaired by THC. We have no uniformity for the medical use and prescription of marijuana amongst the twenty five states legalizing it's use. And we still have Federal law on controlled substances which just this past year has labeled marijuana as Schedule one right next to heroin and LSD. A recent Colorado case highlights just how messed up things still remain.
When a quadriplegic can't use his legalized medical marijuana without punishment well what about the average joe?
Friday, January 27, 2017
|Antidepressants are CNS Drugs|
Depressed People May Look Impaired
If you get pulled over while on your antidepressant medication can the officer charge you with DWAI drugs? Does that really mean you are driving while impaired in New York State?
Thursday, January 26, 2017
|Drugged Driving Can Lead to a DWAI|
Now while Johnny uses grandma's pain pains to get high grandma has two medical conditions, spinal stenosis and degenerative joint disease. She takes her pills throughout the day on a schedule to moderate her discomfort. If Johnny and Johnny's grandma both drive who stands the greater chance of being DWAI drugs? If Johnny's grandma has a higher blood concentration of hydrocodone does that mean she is more impaired than Johnny?
Wednesday, January 25, 2017
|Nothing Like a Colorado Rocky Mountain High|
Tuesday, January 24, 2017
|Adderall Has Been Shown Effective|
But, are you actually DRIVING IMPAIRED by ADHD prescription drugs like Adderall and Ritalin?
Monday, January 23, 2017
|Anyone You Know?|
past few decades?
Sunday, January 22, 2017
|DRE = Drug Recognition Evaluator|
How drugs are dosed, metabolized by the body, and can potentially impair a driver is complicated stuff. Now the DRE and the drug recognition evaluations used by the police have many issues. Can a law enforcement DRE officer using a DRE (yes, the person and the exam) tell you are New York DWAI drugs?
Saturday, January 21, 2017
|This Puppy is ready to get a|
Friday, January 20, 2017
|New York DWI Triggers|
Prompt License Suspension
Thursday, January 19, 2017
|New York State has Many OASAS Centers|
for Alcohol and Drug Treatment
Wednesday, January 18, 2017
|Excelsior is Latin for Ever Upward|
Tuesday, January 17, 2017
|Not Always the Smartest Thing to Do|
Monday, January 16, 2017
|Wide Spread Marijuana Use is |
Presenting New Legal Issues
Sunday, January 15, 2017
Would YOU hire him?
Why You're in Deep Trouble If You Can't Afford a LawyerMother Jones Magazine
New York State uses full and part time public defenders as well as assigned counsel lawyers. All are paid for their legal services by their respective county either on a flat rate or an hourly rate. Some seemingly private attorneys also take public defense (assigned counsel) cases. There are numerous issues with New York's public system because it is largely overworked and underfunded.
Can you get by with a New York Public defender for your DWI or DWAI drugs charges?
Friday, January 13, 2017
|Police Officer Using Tint Meter Enforcer|
New York State has long had law that cars and trucks cannot have window tint that is blocks light transmittance of greater than 30%. An amendment to that law has just taken effect on January 1, 2017 that makes checking window tint light transmittance part of every yearly car inspection. New York State like many jurisdictions has a mandatory annual car inspection forever.
This new window tint inspection amendment has been proposed every year since 2003, and the amendment has failed for 13 years running.
Why the New York Tint Inspection law passed this year is the question?
Thursday, January 12, 2017
New York "Move Over" Law Expands Once Again January 2017
The law began in New York state January 1, 2011 after two State Troopers by the names of Ambrose and Searles were both struck and killed by motorists while making traffic stops. The law was expanded in 2012 to include:
tow trucks, snow plows and other vehicles performing road maintenance, construction or repair.The law under New York State Vehicle and Traffic section 1144 (a) MANDATES that motorists slow down and move over for: police, fire, ambulance, tow trucks, snow plows, maintenance vehicles, AND NOW ANY vehicle displaying a blue or green light, including volunteer firefighters and volunteer ambulance workers UNLESS traffic or other hazards prevent them from doing so safely.
BILL NUMBER: S7938 TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the operation of vehicles when approaching a parked, stopped or standing vehicle displaying a blue or green light PURPOSE OR GENERAL IDEA OF BILL : To increase the roadside safety of volunteer firefighters and volunteer ambulance workers. SUMMARY OF SPECIFIC PROVISIONS : The bill would require all motor vehicle operators to exercise due care to avoid colliding with a vehicle parked, stopped or standing on the shoulder or any portion of a roadway while displaying a revolving blue light or revolving green light as authorized by law. The bill also would require that, on parkways and controlled access highways, due care would include moving from the lane containing or adjacent to the shoulder where such vehicles are parked, stopped or standing.
A violation of VTL 1144 (a) is a non-criminal traffic offense which carries three points, a $275 fine, plus a NYS surcharge. These tickets are usually not given alone and frequently you are facing much higher fines, points, and surcharges. Discuss these and any other tickets with a local traffic attorney.
Wednesday, January 11, 2017
Tuesday, January 10, 2017
|Check to See If You Have ANY|
Monday, January 9, 2017
|Some other dude did it = Mistaken Identity|
How does that stack up in the reality of New York DWI defense? Can it be used if they (the police) didn't see you drive?
Sunday, January 8, 2017
|Police Scanners are Located on the Back of a Patrol Car|
Saturday, January 7, 2017
Many people don't realize that a New York State DWAI (driving while ability impaired) by drugs is really a controlled substance offense no matter the drug. Even though marijuana is the most common DWAI drugs offense to be charged, and even though New York does NOT classify marijuana as a controlled substance. Why is this true? And more importantly why should this matter to anyone?
Friday, January 6, 2017
|Don't Mess with the Feds|
The whole country is at a pivotal point when it comes to marijuana, and it's "legalization." More than 25 states now have medical marijuana and the trend is moving upwards. In our home state of New York marijuana is decriminalized, meaning small amounts are a violation (non-criminal offense). Many states even have recreational pot, so what's the problem?
Thursday, January 5, 2017
|Welcome to Relative Boulevard|
The other day I was asked why I thought a DWAI (driving while ability impaired) was good? They were confused because I've said on videos and my blog that a New York state DWAI doesn't get expunged, it's one of a few offenses that can never be sealed, and it will remain on your record forever. So that's GOOD? Well whether your final offense or court disposition is good or bad needs comparison to where you began.
Wednesday, January 4, 2017
|Police Impounding Your Truck|
After a DWI is NO Joke
Can the government take your car or truck after you are arrested for a New York DWI?
Can the county district attorney then sell your car at auction and keep the money?
A DWI arrest can bring many pains. Generally a New York DWI arrest will lead to fines, surcharges, DMV assessments, driver's license suspensions, and potentially a term of probation or even jail. But can you lose your car or truck too?
Tuesday, January 3, 2017
|More than a Motto|
New Hampshire License Holders
I love the "Live Free or Die" state. I think that their slogan, and their attitude is so American. New England states have patriotism in spades. People who live there understand that people have rights but they need to be exercised to stay strong, just like muscles.
New York State doesn't give points for out of state tickets. Many states are NOT like New York in that out of state moving violations have consequences back in your home state. New Hampshire is one of those states. So what happens to your license and your driving record back in New Hampshire if you get a New York speeding ticket or other moving violation?