Friday, March 24, 2017

Ithaca DWI Lawyer: Can a GIF Be Used as a Weapon?

GIFs Although Funny, can be deadly at the right time and place
From Popular Mechanics

I love to browse the internet and learn. As a fellow Redditor I get to see and read many unusual things. Recently the FBI charged someone with a Federal stalking offense by intentionally using a GIF to cause someone to have an epileptic seizure.

Is a GIF or can a GIF be used as a weapon? Is it against the law to send people electronic messages that can potentially harm them? Is this beautiful electronic digital connected world we are living in getting out of control?

Tuesday, March 21, 2017

Ithaca DWI Lawyer: Maryland Driver's License with a New York DWI?

We represent lots of out-of-state drivers. That means we have to help them figure out how their New York State DWI charges will impact their out of state driving privileges. Remember that every state is different. We have even seen that some counties within states DMV (department of motor vehicles) handle license issues differently. So in this blog post I wanted to update Maryland license issues and New York DWI charges.

What exactly happens in MD with a New York DWI?

Ithaca DWI Lawyer: Do I Take The Police Test or Refuse?

Just the other week my partner and I were having a drink and a meal at Coltivare. They have a great "Happier Hour" and the bar was hopping. I couldn't help but notice the guy sitting next to us "primed" his dinner with a stiff drink (whiskey), and then ordered a bottle of wine for himself. Yeah, as a DWI defense lawyer how do you not notice that.

Anyway, we all got to talking and he asked us if he was stopped by the police what he should do. Well, this is a common lay question? Do I take the police tests, the breath test? Or do I refuse the test?

Sunday, March 19, 2017

Ithaca DWI Lawyer: Understanding the Full Stay Away Order

It doesn't always play out this way but it can.
You know I didn't always just focus on DWI defense. Some of us that practice criminal defense have been exposed to a variety of cases. I was a public defender and handled the gamut of criminal and family matters. It helps to have a broader understanding and scope when you have more varied experiences to draw from. I love defending people period. They get into trouble, have a problem and need help, it's that simple. Although truly understanding just how everything works, when it comes to New York law and rules can prove complicated.

So what does it mean if the Judge in a New York domestic violence or fight situation issues a FULL STAY AWAY Order? In simple terms, can't I just text a message, or ask a friend or a relative to call them?

Saturday, March 18, 2017

Ithaca DWI Lawyer: Probationers Can't Have Aggressive Dogs

This one is very cute, dressed up.

If you are placed on probation for a New York misdemeanor DWI it is usually for three years. Felony DWI probation is five years. I recently finished up a felony DWI case in Waterloo, NY (Seneca County) and reviewed the terms and conditions of probation with my client. Generally it all the same words and language, and conditions, over and over, from county to county.

BUT this time something caught my eye, I'd never seen a condition of probation supervision and monitoring that limited the right to own a dog?

Friday, March 17, 2017

Ithaca DWI Lawyer: Is Alcohol More Predictable Than Drugs?

In the world of DWI defense intoxication by alcohol is much easier to define and understand than impairment by a drug. Why is alcohol easier to see, to gauge, and to estimate. Alcohol is in a word very "Predictable."

Why is alcohol use and it's abuse so predictable?

Thursday, March 16, 2017

Ithaca DWI Lawyer: Zero Order Kinetics and THC

Zero Order versus First Order
The first drug that was recognized to cause issues with driving was alcohol. Being the most common, socially accepted, legal, readily available, and used substance on the planet alcohol has been studied intensively. Alcohol was easily measured and understood.

New York State as well as the rest of the country found setting specific BAC (blood alcohol concentration) thresholds rather simple. NYS even  separated out intoxication (.08 or more), from impairment (.06 to .07). Now with marijuana use and abuse on the rise everyone wants to apply alcohol terms, alcohol tests, and alcohol pharmacological kinetics to THC.

What does "zero order kinetics" have to do with Alcohol and THC? How can we better defend New York DWAI drugs THC cases from alcohol prosecution?

Tuesday, March 14, 2017

Ithaca DWAI Lawyer: Stoned Driving is Different State to State

This country is at a crossroads in many respects. We are experiencing a dramatic liberalization of marijuana laws amongst the majority of states. I bump into more and more people, young and old who are smoking pot. It's not just for kids anymore, if it ever was?

But the confusion is only beginning with understanding what the law actually is and what it means when it comes to Stoned Driving? When is high, too high to drive? Where are the lines or thresholds for marijuana use from state to state? In New York State when am I too high to drive a car? Does New York prove DWAI drugs by blood or urine?

Wednesday, March 8, 2017

Ithaca DWI Lawyer: Will DWI Lawyers Be Replaced By AI?

I love Humans, booth the show and the species 
've been watching this new (well kinda for me) TV show about Artificial Intelligence i.e. robots that have sentience in the future.  It's called HUMANS, which is funny for a show focused on these robots.

Imagine having an AI represent you in court? Would a robot be able to articulate a defense? Would a robot be able to sway (persuade) a judge or a jury?As we head into new technology I often wonder if we can be outsourced?

Sunday, March 5, 2017

Ithaca DWI Lawyer: Can the Police Change My Ticket?

Sometimes people are surprised to learn that the police can increase your charges, add charges, decrease charges, and even issue new tickets after the stop of your car. This discretion to charge lies with all members of law enforcement. Prosecutors use it (charging discretion) when plea bargaining.

If a cop tells you, hey "I'm cutting your break," that might really be the case. 

What if you want to contest the charges? What if you believe the break you got wasn't really that great? Should you be afraid of police or prosecutorial retribution?

Wednesday, March 1, 2017

Ithaca DWI Lawyer: Does My Arrest Ever Go Offline?

David Cassidy, BTW I Loved the Partridge Family

We get calls from concerned parents about their kids Ithaca DWI arrests all the time. After being arrested, dealing with the consequences of a DWI begins the process of closure.

But what about the online and public arrest information? Does the DWI arrest, my mugshot, and my name ever go away? Is there a way for me to get it taken down from Google?