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Tuesday, February 28, 2017
So just how accessible are your "private" or "public" social media accounts?
Monday, February 27, 2017
|Probar or To Prove is Very |
A propos for PROBATION
But what exactly does probation for DWI mean? What do you have to do to prove yourself, and how exactly do they test you?
Sunday, February 26, 2017
How does a county probation department make that determination for a DWI or DWAI drugs offense? Where does the decision for New York DWI probation truly begin?
Saturday, February 25, 2017
For all my years practicing law I have never seen or heard of a New York State misdemeanor DWI case with probation being transferred to another state. I had seen plenty of felony DWI cases get transferred but never ever a misdemeanor level case till this year.
In 2017, we have had out first request by a probation department to transfer a DWI case out-of-state. When is misdemeanor DWI probation transfer a possibility? How does it work to transfer a New York State misdemeanor probation?
Friday, February 24, 2017
|Try the Clover, It is Amazing!!|
Then our downtown Hilton Starbucks got remodeled, soft comfy chairs and lounge tables are now gone. In their place are now perfectly lined up and cold chairs and coffee bars with more space for more people but we did lose something in the process. The feel of cozy is gone but it is a big grown up Starbucks now. It has also graduated to a Reserve store with a Clover. Ah the Clover, magical machine that it is. If you don't know the Clover then you haven't had a crazy good cup of coffee.
Thursday, February 23, 2017
Why do we have such an increase across the board in road accidents and deaths?
Wednesday, February 22, 2017
It doesn't happen very often that a criminal charge or any violation offense involving alcohol is reduced to a NON charge. The majority of DW charges (DWAI, DWI, ADWI) in New York are often reduced to something but not something quite as unique as Zero Tolerance. Well if you are under 21 and get an outcome of Zero Tolerance on your case it is a NON-conviction.
What has to happen to make it a non-conviction? You mean to say a New York DWI goes to not a violation, nor to a misdemeanor but something else entirely?
Tuesday, February 21, 2017
What if you don't have a car? What if your DWI happened when you were only visiting New York State? What if your NYS DWI was in a borrowed car? What if you don't plan to drive for a year or two? What then?
Monday, February 20, 2017
People are often confused by New York State's cell phone law. First, it's NOT just phones, it is ANY electronic device. This can include: any potentially handheld device, iPod, Nano, GPS, iPad, walkman, and of course a smartphone. Is using a handheld device with an APP like WAZE illegal as well? Would that infraction (using your phone like a GPS) be a 5 point moving violation in New York State?
Sunday, February 19, 2017
The amount of scrutiny people receive these days before being offered a position is staggering. Not only are they doing drug screens but they are requesting fingerprint criminal background checks as well. Many companies and organizations are also checking driving histories as part of a pre-employment background check.
Do you have traffic tickets on your history? Is it possible to clean up your New York State driving history? Can you get tickets or charges removed after a period of time passes?
Saturday, February 18, 2017
|I Love Potatoes but for Years Vilified Them|
So many things get vilified. I am guilty of casting the poor potato in a bad light. For years I loved baked potatoes. But then after reading and hearing how white foods like white rice, white flour, white sugar, and salt were bad for you I changed my feelings to the potato. So on to my naughty list went the lovable potato. It wasn't till years later that I realized that the potato has fiber, it's a vegetable (albeit starchy), and if baked or used in soups has a lot of nutritional value.
You know people get vilified too. They are cast in a bad light following an arrest for DWI or DWAI drugs. Are they really a bad person or merely a person that displayed poor judgment? Can we transform the perception for punishment of a demon into call for rehabilitation of a human?
Friday, February 17, 2017
For better or for worse New York State is one of the most highly regulated of places. As I have traveled around the country and my kids encouraged me to use Uber (I love it). I then went about discovering just how many hoops an Uber, Taxi Limo, or Livery driver must pass through to get their TLC (Taxi and Limo Commission) license with a Class E New York City license. Knowing how hard it is to get, and then finding out just how easy it is lose with a DWAI (driving while ability impaired), DWI, AUO (aggravated unlicensed operation), or even a bunch of traffic tickets may boggle your mind.
Thursday, February 16, 2017
|Pleading Guilty = Being Found Guilty|
But what is the right and wrong tense of the word plead? Is the past tense pled or is the past tense pleaded? Since 95% of criminal cases in this country do just that is this important?
Wednesday, February 15, 2017
|Many People Need Help|
A recent DUI case out of Nebraska firmly illustrates some of the problems we still are facing in our courts today. Imagine if you will a woman brought before the court on a DUI probation violation. But she has to be barreled in on a wheelchair stinking drunk. Later to register a .44 BAC, remember .08 is legal intoxication. Is it fair ask her to plead guilty on a first appearance? Is it right to negate her right to decide to plea voluntarily, intelligently, and willfully? Is it fair to provide her ineffective counsel (one who will NOT advocate on her behalf)?
Tuesday, February 14, 2017
|Deported for DWI?|
Monday, February 13, 2017
Man drives child to school while highly intoxicated.
Sunday, February 12, 2017
|I believe that DWI Lawyers should be|
more like doctors using a Report of Findings
So what is a legal DWI report of findings, and how does it help people understand their situation?
Saturday, February 11, 2017
Friday, February 10, 2017
|So Many Highways and Roadways?|
What if your prior DUI or OUI or OWI is from another state? Can they enhance your current New York DWI to a felony DWI based on that prior DUI?
Thursday, February 9, 2017
So how does it (the ignition interlock) go on and how does it come off? Who controls the process of ignition interlocks in NYS?
Wednesday, February 8, 2017
|I like to use my own plow|
Tuesday, February 7, 2017
|From Dreamstime, Last Call for Alcohol|
With every DWI case that has a blood or breath test, aka THE chemical test there will be a gap of time between police contact and the test. If there is an accident it takes time for the police to arrive at the scene and assess it. If there is a stop of a car for a traffic violation there is a process and procedure that is followed. All the police questions and the field sobriety testing, and the drive back to the station or trooper's barracks take TIME.
Time can always be your friend or your enemy. This is true in any case involving forensic police testing of a DWI or DWAI drugs body sample of breath or blood or urine. The clock is always ticking. Minutes and hours that drag by can affect your body's processing of toxins. And shots and chugging take so little time. As my daughter loves to tell me of all the new college drinking games like flip cup and circle of fire. So what's this thing called "Extrapolation" and how does it relate to being a DWI defense?
Monday, February 6, 2017
|Is this Reckless Driving Legally?|
So what situations or traffic violations could bring a short term of jail in New York State?
Sunday, February 5, 2017
|New York State's Interesting |
I believe a transformation is coming. This is evident because we currently have the first step in the process of healing, awareness of the problem. On a local level in Tompkins and Cortland counties we have a grassroots (not that Grass Roots) campaign to improve the process through communication.
Saturday, February 4, 2017
|The "Show Me" State is in|
The Spotlight Once Again
For those of you who don't know the legacy of Mr. Spence, he is a legendary trial lawyer and advocate for people. I feel honored to have been at his college in Wyoming (the Trial Lawyers College), and to have had his mentoring. I think Gerry would hate what is going on today in Missouri.
A boy was bullied, at his school and at his work, the local DQ (Dairy Queen). He committed suicide by shooting himself in the head. The coroner demanded an Inquest, kinda like a Grand Jury but only 6 in Missouri to determine the cause. Apparently this "court" found that the primary cause of the suicide was the manager from Dairy Queen.
Now the District Attorney has charged the DQ manager (all of 21) with the criminal felony of Involuntary Manslaughter, which is like being charged with MURDER for Bullying. Now we don't or no one truly knows how many people have bullied this kid in his lifetime, or what degree each instance of bullying played in his decision to finally take his own life. It is a tragedy but I think to pin it one particular person or event is guessing at best.
I question the logic and reasoning behind bringing a murder charge under these particular circumstances. I question the fairness of all of this, but I'm starting to understand the larger purpose.
Friday, February 3, 2017
The more you live, the more you learn. Or as I like to joke, life is a school. DWI clients call and tell us their problems even post DWI. My IID is not working, I'm locked out on my IID, my IID failed me because of the extreme cold or because I used mouthwash or because I drank a lot last night, and I guess it's still in my system. When I heard that Kombucha tea can cause a failure, I'm like what?
Kombucha comes in many flavors, but its base is always the same, made by leaving a fungus of yeast and bacteria to ferment for several weeks in sugary tea. The resulting brew has some alcohol and tastes tart, vinegary and is slightly effervescent. It then often is made palatable by adding juice.
In order to maintain its probiotic benefits, kombucha is left unpasteurized, or raw, although some companies recently have started selling pasteurized varieties.ABC News
So apparently Kombucha has some degree of alcohol in it because of the fermentation. So say that the tea has .5% alcohol. I guess depending upon how much tea you drink will cause an alcohol reading. Since drinking tea is the new coffee, at least with my millennials it is good to know that the tea has more than just tea. It is now being investigated by the FDA, and the government is looking into taxing it as an alcoholic beverage.
More government craziness with Kombucha tea but does it or can it trigger an IID failure?
Thursday, February 2, 2017
|Cute, Ecological, and Not Very Exciting!|
Wednesday, February 1, 2017
So what's the best way to be proactive with a felony level DWI offense?