Ithaca Lawyer Blog

Ithaca Lawyer "Can Future Employers Hold Stuff Against You?"

2012-01-29T18:35:00.000-08:00

Getting a professional license or a job these days is hard enough. What if you have a past? What if you have had some errors in judgment? Employers cannot discriminate against you with or without criminal convictions.

The controlling sections of NYS law are under New York Correction Law - Article 23-A - § 752 & § 753. Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses Prohibited.

NYS “encourages” employers and license granters to employ and license those previously convicted of crimes. It is not cut and dried. They must apply the factors set out below to assess your past and what you desire to do in the future.

First caveat, you are only obligated to tell of crimes. Criminal convictions are only those that are either misdemeanor or felony level offenses. This does not pertain to violations. They may be called offenses, you may have been convicted of them, but they are NOT crimes under NYS law. Therefore, a disorderly conduct conviction (a violation), or a DWAI (driving while ability impaired) also a violation, are NOT criminal convictions and should not have to be revealed or held against you by a future employer.

Second caveat, be sure to hold on to proof of your rehabilitation. This includes drug/alcohol evaluations, screenings, completion of any and all treatment, meetings, etc. If you have any criminal convictions this proof is vital to your allaying the fears of employers or licensing boards. Also have copies of all of your past Court documents: including arrest report, dates of crimes, Courts, and final “outcome” documents (called certificates of disposition).

§ 752. Unfair discrimination against persons previously convicted of

one or more criminal offenses prohibited. No application for any license

or employment, and no employment or license held by an individual, to

which the provisions of this article are applicable, shall be denied or

acted upon adversely by reason of the individual's having been

previously convicted of one or more criminal offenses, or by reason of a

finding of lack of "good moral character" when such finding is based

upon the fact that the individual has previously been convicted of one

or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous

criminal offenses and the specific license or employment sought or held

by the individual; or

(2) the issuance or continuation of the license or the granting or

continuation of the employment would involve an unreasonable risk to

property or to the safety or welfare of specific individuals or the

general public.

Any future employer or licensing body (board) must give consideration to the factors below even if you have had prior criminal convictions. How you present yourself and your past in the best light is both art and science.

1. Be sure to be as complete as possible;

2. Your documentation of everything is vital to their decision;

3. Where are you currently?

Takeaway: Explain your past behavior, present yourself as stable now, and allay their future fears.

§  753.  Factors  to  be  considered  concerning  a  previous criminal

  conviction; presumption.  1.  In  making  a  determination  pursuant  to

  section  seven  hundred  fifty-two of this chapter, the public agency or

  private employer shall consider the following factors:

    (a) The public policy of this state, as  expressed  in  this  act,  to

  encourage  the  licensure and employment of persons previously convicted

  of one or more criminal offenses.

    (b) The specific duties and responsibilities  necessarily  related  to

  the license or employment sought or held by the person.

    (c)  The  bearing,  if any, the criminal offense or offenses for which

  the person was previously convicted will have on his fitness or  ability

  to perform one or more such duties or responsibilities.

    (d)  The  time  which has elapsed since the occurrence of the criminal

  offense or offenses.

    (e) The age of the person at the time of occurrence  of  the  criminal

  offense or offenses.

    (f) The seriousness of the offense or offenses.

    (g) Any information produced by the person, or produced on his behalf,

  in regard to his rehabilitation and good conduct.

    (h)  The  legitimate interest of the public agency or private employer

  in  protecting  property,  and  the  safety  and  welfare  of   specific

  individuals or the general public.

    2.  In  making  a  determination  pursuant  to  section  seven hundred

  fifty-two of this chapter, the public agency or private  employer  shall

  also  give consideration to a certificate of relief from disabilities or

  a certificate of good conduct issued to the applicant, which certificate

  shall create a presumption of rehabilitation in regard to the offense or

  offenses specified therein.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

Ithaca Lawyer Will the Truth Set You Free?

2012-01-28T11:16:00.000-08:00

I listen to people's stories every day. Some stories sound better than others. Some are the truth, and some of course, are versions of the truth. But If you believe it, is it really a lie? Kinda like, if the tree falls in the forest and no one is around to hear it fall does it make a sound?

Well, I prefer the truth. I prefer to know the best and worst parts of people's situations. How can I defend against what I don't know about? It's impossible to help those that tell me BS.

The Truth in Criminal Cases

If you hit a tree, a pole, a guardrail, or narrowly missed a house that's important for your attorney to know. If your driving was less than stellar (all over the road) then the speeding ticket or stop sign ticket was a police "gift" of sorts. I realize that quite often people's memories are faulty. They just don't remember stuff or the effects of drugs have rendered their recollection blank.

Making up history is always a problem. I had a kid that swore ( I hate when people do that) that he downed 8 beers in 15 minutes. His BAC (blood alcohol concentration) was a .22. He had left his dorm to ride into town for some pizza. He said he did not drink anything till he got to the pizza place. The police arrested him as he was leaving the pizza place. He couldn't have been D (W) I because the drinking came after the driving.

What he didn't know that I later found out was that after he hit the "second" mailbox the homeowner's called the police. They (the homeowners) had followed him into town. They watched him drive, and then waited for him outside the pizza place. When the DA handed me their statements I was floored.

This story sounded fishy (or smelled bad) at the onset but I give people every "reasonable" doubt. Could he have played a "drinking game" at the pizza place? yes, but 3:00pm, not likely. Drinking 8 beers in 15 minutes, again possible, but not likely. This was his defense. Not one I would have liked bringing to a jury. I always give weight to the evidence, and my client's story. Proof is always proof though, and the DA had those witnesses.

The Truth in a Personal Injury Case

If someone is injured in a car or truck accident their past medical/accident history is always a question. Are they a blank slate? Do they have priors? Did they make prior claims for any injuries? If they don't tell me or their doctors it will hurt their cases in the long run. Nowadays insurance companies will discover all of your past claims, problems, lawsuits, and crimes.

Honesty is the best policy. Your credibility (or lack of) with a judge, jury, insurance company, or defense lawyer can either help you or hurt you. Sincere, honest, and consistent people make the best claimants. Asking for, demanding, and requesting the maximum money damages for your pain and suffering requires a pair of clean hands. Going in dirty is not going to bring you the best result.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

Of Catalytic Converters and Sons and Daughters

2012-01-27T04:46:00.000-08:00

I am at that point in my life (50), settled (or saddled) with routines and with children in college. We have four kids, 22, 20, 17, and 15, two and two I like to say. One about to graduate in April, and then another set to go off this June.

When I get a phone call unfortunately it not, "hi dad how are you?" More like, "I got a problem," this is what is going on, can you help me NOW! We love our kids, don't always like them but love them yes.

Just last week, right before heading back out to night court I got a call from my son. Issues with his car. Sputtering and running dangerously. He was pretty freaked out.

Take a Deep Breath

First thing always, calm down, you gotta get it checked out. Get the problem diagnosed. He was talking and coming from a place of "desperation." Saying "I Gotta do this" or "I have to do that" language confuses the brain. This is why I don't like any professionals using fear to manipulate people. People are already in fear and uncertainty with their problems, why add to it?

FIRST RULE: Never (EVER) act from a desperate (have to) place. Desperate acts are not well thought through. Desperate is acting from fear. Desperate is hopeless.

SECOND RULE: Follow an organized plan of action:

1. Discover (uncover) the issue or issues (causes). What are you facing? You can't deal with unknowns.

First problem for me (as the Dad), he was over a thousand miles away. I know mechanics I can trust locally. His car needed to be checked by someone trustworthy in his area. First, he brought the car to a guy his friend knows. Puts me on the phone, the guy tells me it needs a catalytic converter and oxygen sensors ,,, "how much?" $1,250.00.

Does it Feel Right? Does it Sound Right?

The guy just doesn't sound right on multiple levels. He doesn't break anything down, doesn't explain much, doesn't go over options, and almost seems bothered by me questioning him. Ah, the value of good communication.

2. Go online. Do some research. Investigate. Reviews. Background.

I went online, the catalytic converter for his car cost about $90 to $130 retail. Then I phone a mechanic friend, he tells me these converters don't usually get replaced. Knowing the answers is not as important as knowing what to ask,and who to ask. Always seek to ask the right questions of the right people.

3. Find a professional. One that can evaluate the problem, explain the problem, and provide a solution (s).

How do you find a good mechanic in Ft. Myers, Florida or anyplace else for that matter?

I call local parts stores, and ask them for someone reputable. I call two Advanced Auto Parts stores, and they give me the names of two local mechanics. My son gets the car re-checked, bottom line, car gets fixed appropriately for $350.

I would have had no issue if the car needed a transmission, converter, engine, or whatever. I only wanted the issues addressed quickly and properly.

Been there Done that!

I have hired a great many professionals over the years. I didn't always have the resource of the internet because it did not exist. I have been through mechanics who have had me come back over and over. They fixed and replaced just about everything under the hood, and still my car was overheating.

Whether it is a mechanic, a doctor, a lawyer, or anyone else people should be checked out before you hire them. As my son learned this past week not everyone is looking out for you, not everyone is going to give you a fair shake, and not everyone is going to be honest.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
http://www.ithacainjurylawyer.com

Ithaca Lawyer Wins the DWI Refusal Case By Beginning with the Letter "D"

2012-01-22T19:12:00.000-08:00

http://www.IthacaDWI.com

Round One: Trusting NYS Motorists vs. Leery New England Motorists

The New York DWI refusal (no breath or blood BAC test) case is unique. First off, NYS is not traditionally (historically) a refusal state. We have about a 7% refusal average as compared to New Hampshire (the Live Free or Die State) with about a 90% refusal rate. Why is this? The people of New England (Massachusetts as well) mistrust the breath test or any government (police) test for that matter. New Hampshire also has NO mandatory car insurance, NO mandatory motorcycle helmets, and NO jury trials for first time DWIs.

How does a NY lawyer know these things? Well hang out at enough national DWI/DUI seminars, breath test certifications, blood seminars, field sobriety programs, etc. and you meet people from all over the country. You compare notes, and exchange ideas.

Round Two: What I learned from the New Hampshire DWI defense lawyers (refusal)

Remember they try alot of DUI refusals...

If you have a good "D" in a refusal case you are half-way home. The "D" in DWI is the driving. In DWIs the police have to first stop a car for PC (probable cause), ie. a valid reason.

If the reason is an equipment violation (broken lights, muffler, registration) = NO Bad (drunk) driving
If the reason is speeding = Maybe fast driving (a violation) but NOT necessarily drunk driving

Then we have a drunk driving case with no drunk driving.
BTW Drunk driving is usually the swerving, failure to stay in lane, wide turns, narrow turns, all over the road type of driving people think of when they think of DWI/DUI

If this is a Refusal case with NO BAC (blood alcohol concentration) and then we have eliminated the "D"then what we have left is #3:

1. NO BAD DRIVING
2. NO PROOF OF BAC (NO Sample of blood or breath)
3. What is the Proof of Intoxication?

Now we have left the government (the DA) to prove their WHAT (the "I" of intoxication) with only the police officer's opinion.

This opinion based on highly subjective field testing (walk and turn, one leg stand, Eye test) and/or
opinions on what they smelled, heard, and saw.

What "drunk" behavior did they observe? What good behavior did they observe?

Was it all "intoxicated" behavior? Was it a DWI?
Or was it "impaired" behavior? Was it a DWAI (driving while your ability is impaired)?

Round Three: The Refusal DWI Success or Failure is Always a Matter of Degree

Now we are at the crux, the crossroads of the DWI refusal case, it is all a matter of DEGREE.
What is the real difference (s) between an impaired person and an intoxicated person?
Where does highly impaired then become intoxication?
Ultimately, Where is this DWI/DWAI threshold?

NYS says it is when the motorist is IN-capable of mental and physical operation of a car as a reasonably prudent (careful) person.

These NYS refusal DWI cases can be highly defensible. If they have the proper elements in place then success can be a matter of focus and attention to detail.

Dr. Lawrence A. (Larry) Newman

Doctor of Chiropractic

Attorney & Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.IthacaDWI.com

Why New York DWIs are Like Real Estate? Location, Location, Location

2012-01-21T08:38:00.000-08:00

When I get a DWI phone call in Ithaca, my first question before any others is, "Where?" "Donde?" "Dove?" In any language it is "the" question. As they say the definite article.

Shakespeare may say "to be or not to be?" That is the question. Not in my world.

I say: Where were you arrested? That is the primary question.

Why is Location Everything in Real Estate?

The value of your home or any piece of land is dependent upon where it is located. Some areas of the country and the state are worth more than others. People have placed a value on what something is worth in any given place and time.

Why is Location Important in Personal Injury Law and DWI Defense Law?

Likewise, the outcome of any PI (personal injury) case or DWI case is going to be dependent upon the FORUM. The forum means where the case can be brought with accidents and injury claims.

Where can the lawsuit be filed? What Court? Where will (or can) the case be tried to a Judge or a Jury.

The Leverage of Location

I remember when I practiced in Philadelphia using the city as "my leverage" with insurance company adjusters. They would call, and offer me bupkis (crap) on an injury case, and I would counter, "fine, but a Philadelphia Jury is going give a lot more than that." I knew my forum, I knew that my Jury would come from the gritty streets of a large city where they did not like big insurance companies. They had no qualms about handing over the cash.

If I could bring a lawsuit in Philly, I did. I knew case value depended upon shopping my forum. Attorneys do this all over the country. They see if they can bring a case to a certain (specific) local. Where they can be successful. In the other direction, sometimes they can eliminate a Court or County as unfair to a case that has been highly publicized and tried in the media.

"Forum" in the world of DWI Defense.

They Call it "Justice Most Local"

Think about the New York State numbers:

In 57 NYS Counties there are over 1,250 City, Town, and Villages Courts with 1,800 Judges hearing misdemeanor DWI cases. 70% of these Judges are Non-lawyers. I practice in about 7 counties (8 in the Summer), handling well over a hundred different courts. New York State is truly unique in this regard. Some of these Courts are beautiful and modernized while others are in the back of make shift buildings and maintenance facilities where I might conference with a client next to a snow blower and salt.

1. We need to be aware of the specific court we are in. How does that specific Judge handle the range of DWIs? It is not just DWI cases in general. How is he/she different with a property damage case, people damage case, a high BAC case, or a refusal case. How do they feel about probation or jail? How do they handle evaluations?

2. All the same things must be known about the District Attorney's Office. Not only about their general office policies but what about how that specific ADA (Assistant District Attorney) decides (negotiates/tries/bargains) cases.

The Value of People (Location) Knowledge

The range of potential sentencing options, conditions, and punishments is overwhelming. There is legal knowledge (education), and then there is the power (resource) of knowing the landscape. That's why knowing where you are, and who you are going to deal with is vitally important.

An example: I recently got a phone call on a Manhattan DWI (btw, I'm not going to NYC anytime soon for a DWI) so I referred it to a friend. He told me that they (the Manhattan Judges) do the DWI suppression hearings "right before" the DWI trials. I guess this facilitates settlement and pleas. This is NOT a common practice upstate. If I didn't know this I would be at a great disadvantage in NYC.

What you don't Know can hurt YOU!
BUT What your lawyer don't know can kill (you know I'm kidding) YOU!

Make sure you and the person you hire to represent you (anytime and anyplace) knows where they are. Knowing not just the people but how they behave in different (crucial/important) situations brings certainty and decreased fear to your proceedings.

Watch my YouTube video on the Number One Mistake Many People Make After a DWI Arrest:

http://www.youtube.com/watch?v=PBVXB0p97Sk&list=UUBwBPLfPQYrF6MC3STcNOsw&index=1&feature=plcp

I am a member of the NCDD (National College of DUI Defense), and a co-author of Strategies for Defending DWI Cases in New York, 2011 ed.: Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

http://west.thomson.com/productdetail/180677/41015444/productdetail.aspx

To learn more about how DWI and personal injury cases work in the state of New York, I encourage you to explore my educational materials: blog, website http://www.ithacadwi.com, and YouTube library.

If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call.

Criminal Defense Attorney Larry Newman
504 North Aurora Street
Ithaca, NY 14850

Sticks & Stones Can Break Your Bones But There Are Far Worse Things Than Fractures

2012-01-20T05:27:00.000-08:00

Remember that little sing song from childhood about "sticks and stones?" Well my updated version is really a teacher of sorts of a different lesson. Bone breaks are bad, no question about it. Fractures can hurt, and when they are open or the bones are fragmented they are a mess to heal properly.

1. It's all about Blood Flow.

Bone and muscle tissues have rich blood supplies. Blood is necessary to allow healing. More blood flow = higher, better, and faster ability to recover. The body is self healing. After a break, doctors can put the pieces (bones) back together (this is called a reduction) BUT the body must mend the bones back together.

2. The Body works one way: Inflammation and then Repair.

Parts of the body that have experienced trauma will swell. They become inflamed. This is not happenstance.

The body seeks to do three things:

1. Immobilize (stop further injury) the injured area: This protection of the area is through spasming (contracting) muscles (a natural splinting of sorts).

2. Bring blood flow to begin healing by removing dead/diseased tissue.

3. Bring in WBCs (white blood cells) to ward off infection and begin repair.

One of the main reasons people with diabetes, rheumatoid arthritis, lupus, or any of the other auto immune diseases have issues with healing is because of #3. Their WBCs (particularly neutrophils) do not function properly to aid healing and recovery.

Bone Fractures Are Not The Worst Thing That Can Happen

Ligaments and cartilage support joints. They hold bones together but they have a poor blood supply. After an accident doctors seek first to discover breaks but far worse are all the problems that can occur aside from broken bones. Accompanying any break can be:

1. Dislocations of bones (displaced bones will not heal properly if at all)

They also can cause decreased ROMs (range of motion) in the joints. Permanent impairment of nerve function is also a possibility.

2. Infections (both in the joint, and in the bone itself), this is called osteomyelitis.

These may require long term rounds of IV (intravenous) antibiotics to heal.

3. Compromise (pressure) to nerves and blood vessels (potentially Compartment Syndrome)

Anything blocking blood flow can cause permanent losses to the fingers, hands, and the extremities.

4. Ligament tears

Ligaments connect bone to bone. They are avascular structures (poor blood supply). They heal very slowly.

5. Tendon ruptures (attach muscles to bones). Chronic tendonitis can affect your ability to move.

6. Post-surgical complications from open interventions

A thorough evaluation is a must after any traumatic impact. A bone fracture may be the least of your problems.

Dr. Lawrence Newman

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

http://IthacaInjuryLawyer.com

Legal and Medical DISCLAIMER

Remember the hiring of an attorney is a serious matter. Check out anyone you hire before hiring them. I do not win all my cases. No one wins all their cases. This blog is not legal or medical advice nor should it be a substitute for legal or medical advice. Consult with an attorney concerning any questions you may have. In addition, consult with a doctor for any and all of your medical or accident related issues.

How Do We Prove Injury to Nerves Following an Accident?

2012-01-18T04:10:00.000-08:00

Well it is said, "the proof is in the pudding," well in NYS injury law, "the proof is always in the testing."
Remember in a Civil Action, the one going forward, the plaintiff, the one who demands damages, the one who wants financial compensation, and is filing a claim is the one who must prove their case. In a criminal case it is the opposite, the government (the prosecutor) has the burden of proof, and must move their case forward. In that situation they are seeking something (jail/punishment/restitution) and so they have the obligation of proof. Kinda like a football game, the one with the ball, who wants to score, has to move it down the field. You can't score if you are always playing defense.

YOU have to Play Offense in Accident and Injury Cases

In any accident case we must prove two main things:

1. That the defendant (s) are liable, at fault for the injuries and,
2. That these are the damages incurred as a result of the negligence of the defendant (s).

Proving one without the other is a recipe for disaster. They go hand in hand, they come yolked as a pair.

Why Nerve Damages are Serious

In many personal injury cases the more serious of conditions involve your nerves, and neurological system. The nerves basically control everything, so nerve damage creates a body disconnect. With nerve injury the brain can no longer can communicate with the body. Neural communication controls blood flow to damaged areas and their ability to fully heal. This loss of control and regulation of function can lead to a domino of bad effects. Ultimately, long term nerve injuries can become permanent. Loss of body function, and the resulting disabilities that go with those are the true human losses from an accident. Pain and suffering is more than physical. It encompasses the mental and emotional depression of not being able to move like you used to.

How do we prove your nerve damages?

Two major tests (Nerve Conduction Studies) can demonstrate and prove your nerve damages:

1. The EMG (electro-myography): This test measures the ability of (within) the muscles to contract. The brain is an electrical generator which runs the system. Anything blocking the electrical current can lead to issues in different parts of the body. Nerves travel to external muscles, skin, and internal organs. Blocks to nerve flow because of pressure on nerves leads to diseased organs. Muscles are organs, just like your kidneys and liver.

How is the test performed?

This is an invasive test. Some doctors like to say it is non-invasive but come on, they "place" (insert) electrodes into the muscles. Then the muscle is measured at rest, and at different points (phases) of contraction.

Are they (the muscles) getting the necessary brain (electrical) impulses?
Are these impulses being blocked?

Conditions such as nerve compression from carpal tunnel syndrome, cervical or lumbar disc herniation, radiculitis (nerve root), or an entrapment syndrome due to accident trauma can show a positive test result.

2. The NCV (nerve conduction velocity): This is a test that measures the speed and power at which your nerves are conducting impulses.

How is this test performed?

Electrodes are placed on your skin at different locations. The doctors will seek to test the nerves that run closest to skin.

The main question: Are your nerves conducting (communicating) impulses at a normal speed and strength?

Pressure on nerves can cause three things:

-slowing of impulses
-complete blocking of impulses
-decreased intensity of impulses (weak signals)

Weak signals or conduction is a measure of what is called amplitude.
Speed of conduction is a measure of velocity.

Do you need more than one test?

From a doctor standpoint these tests may need to be run more than once. They can monitor your progress (healing and recovery or lack thereof). Muscles that are wasting (shrinking), called atrophy or tissues of the body being neurally blocked require immediate treatment and care. The tests can also definitively rule out different conditions, and pinpoint causation. Nerve tests are a necessary part of care.

BUT, the true purpose of nerve testing is more than diagnostic to an attorney, and to your potential case.

Having these tests performed documents objectively what is going on inside of you. They demonstrate the damages from the accident. They place a quantity of damages along a time line (your chronology).

The Story of the Painter

I once represented a painter with a car accident carpal tunnel syndrome. He was a passenger in the back seat. He put up his hands (on the seat) to brace from the crash. His hands and wrist went back damaging his median nerve.

Over time the nerve testing (performed three times) showed atrophy of the muscles in his hand. Because of the nature of his employment (mostly a cash business) we could not prove the full degree of his wage loss damages. He kept poor records.

What we could prove was the actual physical damages to his median nerve, and the clear progression of his injury. He was going from bad to worse based upon the ongoing nerve testing.

Because of these nerve tests, and without surgery we were able to settle his claim against the driver that rear ended the car. Testing to link all levels and degrees of damages is just that important.

For in that end it not what you say but what you can prove that will make the difference.

Dr. Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com
http://IthacaInjuryLawyer.com

Legal and Medical DISCLAIMER

Remember the hiring of an attorney is a serious matter. Check out anyone you hire before hiring them. I do not win all my cases. No one wins all their cases. This blog is not legal or medical advice nor should it be a substitute for legal or medical advice. Consult with an attorney concerning any questions you may have. In addition, consult with a doctor for any and all of your medical or accident related issues.

The Aggravators & Mitigators in NYS Criminal Law

2012-01-17T18:06:00.001-08:00

My mother used to say (more like scream) "stop aggravating me." Aggravation is something children naturally do to parents, husbands to wives, and occasionally lawyers to well everyone (it's in our job description). It's important in any case to know "the factors" that could aggravate (increase) or mitigate (decrease) the potential charges/degrees/levels/punishments.

Some prosecutors and judges give little to no weight to some while other prosecutors and judges may consider them significant. Like anything else, it is human nature to have an opinion.

THE POWER OF THE FACTORS

These factors can be discussed during plea negotiations, at pre-trial conferences, and prior to sentencing. I witnessed and I have said (and shown) the right things (the factors) at the right time and in the right place. This communication of the factors has made a difference in someone's life. I have provided judges, prosecutors, and probation officers "the reasons why" something is or is not deserved/fair/just/equitable. Some have listened and read, some have glossed over or not cared at all.

The art of law is not just knowing WHAT to say, but more importantly WHEN to say it, and HOW to demonstrate or communicate it.

THE FACTORS:

1. Past history, prior offenses, and conduct: Your past always has a value. If it has baggage, why are you different now? If you are ready to change, what actions have you taken recently to demonstrate this?
If you have no past mistakes, errors, violations, and tickets then that must be proven.

2. Evaluation for drugs, alcohol, and mental health: Do you have any issues? Are they being addressed (dealt with)? If you have no issues, can you prove it?

3. Treatment, rehabilitation, and therapy: Are you in or on a program? Are you dealing with the underlying problems (the cause) that brought you in front of the Court with these charges? Felony DWIs usually indicate a longstanding problem and many judges will look more favorably upon you if you show early and assertive proactivity.

4. Weight of drugs, blood/breath/urine test results: Was you BAC (blood alcohol concentration) number high (double the legal limit)? Or aggravated (.18 or more)? Were there other drugs in your system? If pot or other drugs were discovered, how much? Personal use amounts or saleable amounts?

5. Attitude, demeanor, and cooperation (or lack thereof): Post stop, arrest, and booking how did you interact with the police? Respectful? Remember that's why they are called MIS-demeanors, because most people acted with a bad demeanor. Respectfulness is rewarded in the long run.

6. Was there any violence? Some crimes can be committed with or without violence. Felony (multiple) DWIs are considered Crimes of Violence. That is why someone can be deported for a Felony DWI. All the things you didn't do that were good need to be pointed out.

7. Was there any recklessness? Speeds in excess of 90MPH on the highway or 60MPH on side streets can be classified as reckless driving. Driving with an excess number of passengers or on the sidewalk can also elevate a non-crime violation to the crime of reckless.

8. Your age: Under 21 DWIs are looked at more harshly. If you are 50 with a DWI you will be treated differently.

9. Was there an accident? Did it involve property damage? Was this paid for (restitution)? Was there anyone hurt (personal injuries)?

10. Employment and Education. What do you do? Are you stable? Are you being productive? What is your future?

I believe that the best representation comes from knowing your client. Only by knowing what led them to where they are, and knowing the incident that brought them to you can you bring them full circle. Knowing them as a person, their background, and their hopes and dreams can go along way to a more favorable outcome.

Lawrence Newman, D.C., Esq.

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacaDWI.com

http://www.ithacainjurylawyer.com

The "Quid Pro Quo" of New York No Fault Car Accidents

2012-01-16T03:15:00.000-08:00

The Quid Pro Quo of New York No-Fault Law

I remember from the movie Silence of the Lambs when Hannibal Lecter (the serial killer) whispers to Clarice (the Federal Agent), “quid pro quo, quid pro quo” you have to give me something, and then I’ll give you something. In other words, nothing is for nothing, there is always a trade off of sorts. Anyone that has been around long enough learns that life is always a two way street.

YOUR'E COVERED BUT...

So, if you’re injured in a car or truck accident in the Finger Lakes area, whether it be Ithaca, Cortland, or Binghamton. If you own a vehicle that is insured, you are covered under New York’s PIP/ No-Fault law. That's all well and good, but collecting for pain and suffering (damages) is NOT automatic. There is a big trade off of sorts. Some may even call it a deal with the devil.

Automobile No-Fault law (and how it works) is strange and difficult for many people to understand. This is the down and dirty of how it works.

In the 1970s, the New York legislature, we all know what they were doing in the 1960s before they became politicians, decided to revamp the law. They had this wonderful idea that anybody (and everybody) involved in a car accident should be get medical care and payment for their lost wages.

NOTHING FOR NOTHING

NOW... the BIG TRADE-OFF for getting their medical bills and lost wages paid, these accident victims had to give up their right to receive money for PAIN & SUFFERING (human losses) unless they proved certain (specific) things. Thus, we have the QUID-PRO-QUO – THIS FOR THAT.

New York says that a person injured in a motor vehicle accident can receive medical care but for that they are giving up their right to receive money for pain & suffering unless they meet certain criteria.

ARE YOUR INJURIES SERIOUS?

The certain criteria allowing an injury victim to receive pain & suffering money is called the “SERIOUS INJURY” threshold. Many in NYS call it the Break or Bruise law. IF You have a break your'e in (you collect) BUT IF you got a bruise (you don't collect). In order to meet the SERIOUS INJURY threshold, the injured person has to show (to prove) one of the following:

· A personal injury that results in death;
· Dismemberment;
· A significant disfigurement;
· A fracture;
· The loss of a fetus;
· Permanent loss of use of a body organ, member, function or system;
· Permanent consequential limitation of use of a body organ or member;
· Significant limitation of use of a body function or system; or
· A medically determined injury or impairment of a non- permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

The optimistic motive of the legislature in the 1970s has developed into a complicated personal injury system. New York personal injury cases can be confusing and are unfortunately wrought with many pitfalls for the injured. If you have any questions about your car or truck accident, this is what I do, and I can answer your questions.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://ithacainjurylawyer.com

The Value of a New York Personal Injury Case: Complete Compensation through Credibility

2012-01-15T08:34:00.000-08:00

It's funny how certain things can push my buttons. I recently decided to learn some Italian, and was in search of materials. I have studied Spanish in prior times and years with a wide range of books, CDs, and programs. My familiarity with language acquisition was both an asset and a liability. I know what it takes to gain mastery of anything, especially a foreign tongue.

As they say, "ignorance is bliss," well anything worth learning takes work and effort. The truth is, I spent many hours working on my Spanish to gain even a small modicum of proficiency.

With that in mind I went searching online for Italian resources. When I saw the number of websites, sales pitches, and various offerings it was staggering. I have an eye and mind for picking things apart.

One program was called, Learning Italian Like Crazy. http://www.learningitalianlikecrazy.com
It appeared interesting, so I read their materials.

These are the first problems I saw:

1. It starts with a picture of a fairly young woman (could she be more than 30 or 35 years old), Giovanna, who states that she has been a "linguist" for 20 years, and teaching for the same period of time professionally and at the University level. The advertisement gives the impression that this is "her" course, ie. that she developed it. She even gives the Guarantee. She invites you (in the materials) to get a coffee with her in Naples, Italy.

2. Inconsistency one, the people in back of this course, see "about us" on their website are "men."
Founded by Patrick Johnson in 2004, then Joel Contreras (president and chief executive officer) joins in 2005, and they are based in NYC, NY. No mention of "Giovanni" at all being involved in the course development. Does she have a last name? None mentioned. Naples, Italy?

Compare this to a Spanish course I took called, Spanish Power.

http://www.bilingualamerica.com/learn-spanish/spanish-power-overview/

I spent mucho dinero with their many programs, and it was all worth it. It is an incredible course and resource. They are upfront about everything. The founder is from Puerto Rico, and his materials are excellent.

3. Inconsistency two, they offer the Italian Foreign Service Institute Materials as a bonus gift.

From their materials:

I don’t know how long they are going to let me offer it, but it is safe to say that if you are reading these words, it is still available Free.

I have a problem because these materials along with many other foreign service language programs are all in the Public Domain for FREE. You don't need anyone to offer them to you or gift them to you. Public domain means that they are free to use and share, the copyright period has ended. Does she mean the federal government (they) giving her permission to offer these materials?

My disclaimer: I believe that they may have a fantastic language program. What they offer on their site appears to be well organized. The various topics are inclusive and in all the relevant areas of language learning. Grammar is very important and it appears they offer a strong foundation in the verb tenses and conjugations. They may be the best thing since sliced bread (an old reference to great things) but they are not being genuine in my opinion on their site or offerings. Again, I can't get beyond these types of things. This is purely my opinion.

I think the majority of people have issues with just about anything, if they find a "chink" in the armor, so to speak. If you are not being upfront about one thing, well they think to themselves, what else?

What does all this have to do with personal injury law. I believe that Credibility is everything in injury law.

People want real. Juries are people. They want consistent. They want the truth, warts and all. Half the truth is not the truth. Feeding me, telling me that this is yours, or that this is steak when it's a hamburger is never going to "help" you win me over. If you have injuries from an accident? they will need to be proven. They will need to be shown, documented, and demonstrated.

The Four C's: Compensation = Completely Communicated Consistent Credibility

Compensation in any PI case is related to the "seriousness" of your injuries. The impact of those injuries upon your life needs to be completely communicated. There has to be Credibility in your story, in your injuries, and in the true damages to you as a person. This consistency of links, from accident to injuries, to diagnosis to treatment to impact must all align. This is not something to be taken lightly.

I believe the big win is in showing it all to a jury. As they say, people will make an informed decision, with both sides revealed. This allows people to make a truly fair, just, and complete decision based in reality.

This credibility applies not just to those offering foreign language programs online but to those with personal injury cases as well.

Lawrence Newman, D.C., Esq.
504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://ithacainjurylawyer.com

Broome County Court, Binghamton, NY: A Lesson in Efficiency

2012-01-14T10:46:00.000-08:00

Last week I went down to Binghamton for a felony case. This case actually began across the street from the county Court in the Binghamton City Court as a misdemeanor.

These Courts are all located on Hawley Street. This is a very convenient and efficient little area of Broome County. There is a big parking garage right across the street from the Federal Court building (the DMV does hearings here). The County Court building (the new annex for felonies), and the City Court are all within a block of one another.

Broome County Office Building & Binghamton City Court

This is the Annex to County Court (felonies on 3rd floor)

George Harvey Building next to the Annex & Across from Parking Garage

The way that it works in N.Y.S. is that "any and all" offenses have to start (to begin) at the local level first. This is usually a city, village, or town court. They begin by an arraignment (initial appearance) there.

New York State has three levels of offenses:

1. Violations: These are NOT crimes.

2. Misdemeanors: These are Crimes. Punishable up to one year in jail.

Town, City, and Village Courts can have trials and take action on Violations and Misdemeanors, NOT felonies.

3. Felonies: These are more serious Crimes. Punishable by more than one year in jail. These have to take place at County Court.

After a case begins, a felony can be brought (to the County Court) one of two ways:

-either they will bring the matter before a Grand Jury (23 people) to demonstrate Probable Cause to bring the felony charge. This has to happen within six months of arraignment at the local level.

or

-the case can be negotiated and then by a written agreement to proceed by SCI (superior court information), this is a negotiated plea agreement by the parties (the DA and you).

The SCI is the way most felony cases are resolved. The SCI saves the DA and the Courts work. In return the negotiation is for something both sides can live with. The risks of a felony trial are all too real. Felonies present the exposure of long term incarceration. This always has to be placed in perspective to the charges, the evidence, and the potential defenses to the prosecution's case.

For practical reasons the Annex does not open till 9:15am (to save NYS money). There is a nice little breakfast and lunch spot in the lower level of the Broome County Office Building.

Broome County (annex) Courthouse (Felony cases)
Hawley Street

George Harvey Justice Buiding (3rd floor, Binghamton City Court and Broome DA as well)
45 Hawley Street

Broome County Office Building (4th floor)
60 Hawley Street
location of DMV Administrative DWI Refusal License Hearings

Lawrence Newman, D.C., Esq.
504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacaDWI.com
http://www.ithacainjurylawyer.com

Owego Village Court is Cold

2012-01-10T14:46:00.000-08:00

This morning I had an initial appearance in Owego Village Court. I drive down route 96 from Ithaca. Owego sits between Elmira to the West and Binghamton to the East.

This Court, Village, and Town is old. Circa 1787, 224 years is something.

Located at 90 Temple Street, Downtown Owego, right off the main drag into town. It is a grand old building. The police station and the Court are in the same building but on different floors.

There is currently a large dumpster in front that I kept out of the pictures.

You enter to the Courthouse (room upstairs) through the Police Station entrance.

This was my first time down there since last year's big flood. This water damage affected thousands of people, businesses, and state offices. The water in my basement up in Ithaca was a small issue compared to the magnitude of their flooding. These folks (from Tioga county to Broome county) had major destruction on their hands. When I drove through downtown Owego after the water receded it looked like a war zone.

There was so much property up on the sidewalks, and with most businesses shut down it was a sad sight. Well apparently, the Owego Village Court, and Police station don't have any heat or cooling. Thank G-d there was a space heater in the front of the Court room. It was in the 30s outside but it felt colder inside. I guess we expect our inner spaces to be comfortable. When I went in the little private room to speak with the ADA it was downright freezing (no heater).

I like downtown Owego, it will revive and make a comeback. All the architecture here is very quaint.

The Owego Village Court is NOT the Owego Town Court. They are located in different places, buildings, and locations. Village is in Owego, Town is in Apalachin. Unlike the village/town of Candor, not too far up the road which houses both their village and town courts in the same courthouse/building.
This is common in upstate New York, village and town courts close by one another. One it comes to phone calls, faxes, mailings, letters, correspondences, be aware of this!

Owego Village Court
90 Temple Street
Owego, NY

The Owego Town Court on Route 434 (a few miles outside of town) next to the State Trooper barracks. That is Apalachin, New York, 13732. They patrol all along highway 17/86.

BTW great Italian restaurant down the road from the Town Court is Bud's restaurant. All fresh, bring cash (no checks, credit cards, etc.). Not for those on a diet. Pizza and cheesy pastas. Bud's is dinner only.

Also a bit further down is my old favorite diner the Blue Dolphin, also on 434.

Lawrence Newman, D.C., Esq.
504 North Aurora Street
Ithaca, NY 14850

607-229-5184
http://Ithacadwi.com
http://IthacaInjuryLawyer.com

Ithaca, New York DMV & Why I Love You?

2012-01-09T04:58:00.000-08:00

Somedays I curse the place, and somedays I bless the place, that's Ithaca. We are voted one of the safest and nicest places to live, and I have to agree. Great Ithaca Journal article:

http://www.theithacajournal.com/article/20111216/BUSINESS/112160341/Ithaca-tops-insurance-company-s-most-secure-places-survey?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

One thing that is nice is our local DMV (department of motor vehicles), right off route 13 (Elmira Road), and 3rd street, across from the Bowling Alley (we have one). Although, I heard Cornell has it's own, Bowling Alley Not DMV. I'm going over this morning to pick up a driving record. So nice to say, so relaxed, so confident knowing it won't be a nightmare to retrieve a government document or do business with a branch of NYS.

If you have ever been in a "big city" DMV then you will come to appreciate this one. You can literally walk in and walk out on most days. Absolutely amazing. Contrast this to South Florida or Brooklyn where the lines stretch on and on (you need appointments for everything), and still stand for hours.

The people who work here are by and large NICE! Pleasant and helpful. They have always answered my questions patiently, and I have a lot of them with the business I am in involving cars, trucks, and driving records/histories (criminal defense and personal injury law).

The office is in a little shopping center with a gas station, a Play it Again Sports, my old Vet, and a few other businesses:

I send my clients here to change licenses, and I come here to get driver's abstracts (records), still a bargain at $10.
Parking is no problem here, and they do road tests right in front of the shopping center as well. The driving inspectors I think are pretty nice, after all my kids passed the road tests, just kidding.

Tompkins County DMV Official Address

301 Third St. Ithaca NY 14850

Hours of Service: Everyday 8:30 to 4:30

Monday : 8:30 AM - 4:30 PM

Tuesday : 8:30 AM - 4:30 PM

Wednesday : 8:30 AM - 4:30 PM

Thursday : 8:30 AM - 4:30 PM

Friday : 8:30 AM - 4:30 PM

NO WEEKENDS HERE

CLOSED ON Saturdays and Sundays

Tompkins County DMV Contact Information

Phone #: (607) 273-7187

DMV Office Holidays

New Year's Day

Martin Luther King

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

They "may" also close for other holidays including Election Day and the days after Thanksgiving and Christmas.

Always check and call in advance to verify the hours they are OPEN.

Law Offices of Lawrence Newman

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

IthacaInjuryLawyer.com
IthacaDWI.com

Dr. Lawrence (Larry) Newman was born in Brooklyn, New York. Dr. Newman obtained his Bachelor’s degree in human biology in 1984, and his Doctorate in Chiropractic in 1986. Dr. Newman maintained an active chiropractic practice treating thousands of people with personal injuries from 1986 to 1995 in Palm Beach County, FL. He then attended law school at Nova Southeastern University in Fort Lauderdale, FL. He went on to practice trial law in NY, NJ, PA, and FL representing the rights of those who have been seriously injured.

Dr. Newman is a trial attorney who has handled cases ranging from medical malpractice to product liability in numerous state Courts. He brings an intimate understanding of medical issues, forensics, injury, and disease to the practice of law. This background allows him to fully understand the nature and extent of his clients’ injuries.

Education:

· National College of Chiropractic (B.S./D.C. 1984/1986)

· Nova Southeastern University School of Law (J.D., 1997)

Bar Admissions:

· Florida Bar

· Pennsylvania Bar

· New Jersey Bar

· New York Bar

· US District Court for the Eastern District of Pennsylvania

Chiropractic Licensure:

· Florida (inactive)

Ithaca Lawyer Explains Car Accident Bone Fracture 101

2012-01-08T14:28:00.000-08:00

I love the human body. It never seeks to amaze me. We are born with a gift. When I practiced as a chiropractor I saw the insides and outsides of many people. Back in the day we took "real" x-rays. You know how we now have digital (computerized images), they were not always around.

My History of X-rays

Back in the 1980s we used film in big frames, and then I had a dark room (developing room) with a machine that processed the film. I bought my first X-ray machine used for $12,000 in 1986. I used dipping tanks (open chemicals, very messy) before that because I could not afford an "automatic" processor.

Can you imagine? How archaic? Like the way cameras used to be. Think Dinosaurs!

But it worked and I diagnosed a great many conditions. From the guy who only wanted me to "pop" his back back into alignment, I insisted upon an X-ray first (he had cancer on X-ray), to the woman with a hand pain (wrist fracture on X-ray). Sometimes the outer world is merely a reflection of the inner world. Those sick on the outside looked diseased on the inside as well.

I took more spinal films than anything else but treating people post accident I also shot some extremities (legs and arms), ribs, and various other body parts.

Bones protect our internal organs, give our body a base of stability, and manufacture blood. They also get broken (fractured) if the stress upon them exceeds their ability to bend. They do have some give. High velocity or high energy impacts, like those from a car crash or truck accident do not allow a bone the time to adapt to a large stress.

The most common bone that can break in a car accident is the collarbone aka the clavicle. Why does it fracture? Located between the sternum (breastplate) and shoulder, with a slight s shape, the collarbone is close to the skin with no fat or padding for protection.

Usual Mechanism of Injury

Doctors talk about the "FOOSH" injury. Fall on an outstretched hand (arm) that transmits forces up into the shoulder and clavicle area. But we can have FOOSH like injuries from any outstretched arm. Most of these injuries to the clavicle heal without major surgery. They merely require immobilization with a sling. If they heal improperly (malunion of bone) or not at all (nonunion of bone) then someone is left with an imbalanced looking (and/or functioning) upper body.

Arm fractures (humerus bone) can be injured in many auto accidents as well. This is common because they are a long bone, and it is a natural involuntary reflex to extend out the arms upon a severe or traumatic impact. Babies are born without fear except for loud noises and falling. This inborn reflex is one of mother nature's protective mechanisms.

Next in line is the forearm fracture. When the forearm is traumatized in a crash usually both the Ulna (closest to the pinky) and the Radius bone are involved. These particular bones are known to splint into sharp pieces, and can shatter at the fracture edges. Complications can arise due to these fragments. Potential damage to the nerves and blood vessels must always be considered when doctors are assessing an early forearm fracture.

My video about forearm fracture complications:

http://www.youtube.com/watch?feature=player_embedded&v=pfIiaRHmmqY

The hand has 27 bones (19 in the hand and 8 wrist/ carpal bones). The issues with hand and wrist bone fractures from an auto accident are numerous. We depend upon precision movements of the fingers, wrist, and thumb everyday. Our hands and opposable thumbs make us human. Whether we are using tools, making tools, using a computer keyboard, or writing, the simplest of hand motions can be lost from a fracture or traumatic injury to any of the hand bones.

The mechanism of injury runs the gamut: Gripping a steering wheel, holding on for bracing upon impact, or trying to keep the body upright can all cause a hand injury.

The foot has 26 bones. It is similar to the hand in it's complexity of motion. There are whole books devoted to gait (walking) problems from foot trauma. The feet mean more to us than walking, they provide balance to the body's frame. One fractured bone can disable the entire system of coordinated movements. A foot fracture transmits unequal forces and muscle imbalances all the way up through the knee, leg, and hip.

What can start as a foot problem can turn into a patella (kneecap) tracking issue, a sacroiliac problem, or lower hip joint problem. Transmitted forces can cause an imbalanced pelvis and early lumbar (degenerative) arthritis.

All the body's attempts at adaptation and accommodation to injured areas can lead to early arthritis in other joints throughout the lower extremity. I have had clients who because of attempting to break down hard in a crash have suffered broken bones in the foot and ankle area. I have also had clients with "crush" trauma to the feet and ankle from being pressed up against car parts in side impact crashes.

How the After Effects can be Greater than the Effects

Sometimes the worst injuries are not the ones directly after a car accident. Often the surgeries that valiantly attempt to fix and correct these broken bones, torn ligaments, and ruptured tendons can be unsuccessful. I have also seen many an infection set in after a successful procedure. You have heard the old joke, the surgery turned out perfect but unfortunately the patient died. It is not funny to families that have experienced it.

Post-surgucal complications are especially true in those people who are immunosuppressed from rheumatoid arthritis, lupus, Reiter's syndrome, take many medications, or have diabetes. They just can't fight off the infections. The sad part is that complete healing and recovery for these folks can be difficult to unobtainable. I have seen it, these folks must endure chronic pain, multiple surgeries, rounds of intravenous antibiotics, therapy, and unwanted trips to the hospital.

Dr. Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
IthacaInjuryLawyer.com

Ithaca Lawyer Where Do Rights Come From?

2012-01-07T09:55:00.000-08:00

Kinda reminds me of little kids that like to ask, "daddy where do babies come from?"
Why, from your stomach of course. Kids are curious, I think people should be as well. A natural curiosity can yield a lot of fruit (knowledge) above and beyond any academic education.

I believe we live in a wonderful country. Warts and all it is still founded on some amazing ideas and principles.

The majority of people here are not from here. We are immigrants. Our families came here, seeking a new life, seeking freedom from oppression which brings me to today's thought,,,

Where do our rights come from? The fast answer is the constitution or maybe The laws of the United States or maybe The laws of the State of New York.

A careful reading of the Declaration of Independence, yes the one from 1776 yields the answer in all it's glory:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.-

So they come from our creator (G-d, whatever power you choose to believe in).

Inalienable is a great word. They mean Universal, Natural, & Not Conditioned Upon Governments, time, place, culture, customs, and traditions. That every person, man or woman, child or adult is born with these rights. Comes into the world with them. They are NOT granted by some ruling body.

Why Did We Need a Declaration of I Dependence?

Why Indeed? Because England had treated us like 2nd class citizens, like slaves, without any justice or compassion or respect for our natural born rights as human beings. It took alot for us to rebel against our Mother. To declare war against a super power.

What the Signers Risked

They risked everything (these men) when they had it all. They had massive land holdings, positions of authority, money, and local power. And if they only kept to the status quo, England promised them even more, but NO! they screamed. Because what they hungered for, what they willing to die for, what they most wanted was their being treated with dignity and respect. Money was not their end. Thank G-d they believed and lived something far bigger.

Why have a Constitution and a Bill of Rights?

The whole of our constitution is designed to LIMIT government and their AUTHORITY and Their POWER over us in our day to day affairs as a FREE people. Our Bill of Rights is more than a statement of what we have, it is a statement of what must not be INFRINGED upon or taken or forgotten or impeded by the powers that be (anyplace). NO state, no local government, no federal government or their officers shall trample these.

The Why of the Why?

The inalienable rights you and I have, we are born with them. They are present at all times and in all places on United States Soil. But they are not given by the government, they are to be protected by the government and a safeguard upon itself. And herein lies the distinction. This is why we have lawyers. This is why we need a system of checks and balances that is honored. This is what we fight for and we fight for everyone else to have. For better or worse many of us believe they (human rights) should be present on all soil but unfortunately not all countries recognize that concept and philosophy.

Lawrence Newman, D.C., J.D.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

ithacaInjuryLawyer.com

Don't Call Them "Side" Effects, Ithaca Lawyer Says, "Tell It Like It Is"

2012-01-06T05:04:00.000-08:00

A recent trip to the Doctor reaffirmed a great many things. Modern medicine has made great leaps in recent years. They have embraced a culture and more importantly the philosophy of holism (holistic/conservative/non-invasive methods) as applied to medical treatment and care. But we are still a far way off.

DRUG SIDE EFFECTS

The Doctor was telling us that a certain medicine has "side" effects. Oh Doctor, you mean "bad" effects? You mean, things that people would not choose or desire voluntarily? Well the drug may cause you to gain weight, the drug may cause you to have suicidal thoughts, the drug may make you tired all the time, and the list goes on and on. They call it a trade off. Are the drug's benefits worth the detriments? Sometimes?

What most lay people don't know is that drugs merely increase or decrease normally occurring function. They don't create new functions. Your body attempts to naturally regulate and balance everything. Drugs can be a modern miracle, and sometimes they can be a modern nightmare.

SURGICAL SIDE EFFECTS

I wish that more Doctors would speak plainly, and not sugar coat the fact that drugs and treatment have two sides. Surgeries also have their share of "side" effects. Post surgery problems are called "complications." Did something simple just get complicated? Funny, but not if it's you.

FRACTURE SURGERIES

A common procedure used for fractures is the ORIF (Open Reduction Internal Fixation). It is used by Doctors to set (fixate and position) broken bones and tissues to allow healing. Called "Open" because the surgeon must open you up first for placement of the devices versus a closed surgery (going in through the skin) called per cutaneous (cutaneous = skin).

The Complications from the ORIF:

When Doctors use Pins, Wires, Screws, Plates, Rods, and Nails (I'm always thinking is this carpentry or surgery?) it opens up possibilities for the following:

1. Possibility of an infection setting in. Remember anytime we open up the body it becomes much more vulnerable to an infection. Post surgery we have open skin leading down into the bone. Bone has poor internal blood flow so risk of infection is even higher. Normal skin is loaded with the body's own natural bacteria but any of this bacteria is extremely dangerous should it make passage to the internal bone.

2. Possibility of Migration. These parts and pieces may move. The body may try and reject them as it would any outsider (foreign) invader. The objects may wind up disrupting natural movement and function. They may require a revision (a new surgery) to get them out.

3. Possibility of loss of fixation. They may not keep everything in a specific position. The bones may move apart. This may lead to a fracture that does not heal. This is called Non-Union of a fracture.

4. Possibility of breakage. All of these objects can break and/or bend. This can also lead to a Non-Union.

The other common surgery for bone fractures is the CRIF (Closed Reduction Internal Fixation).

The Complications from the CRIF:

Even though the Doctors DO NOT OPEN YOU (fully) UP to set, fixate, and position the pins, screws, rods, wires, etc. we still can have the same complications as the ORIF. They are still piercing the skin (it is still an invasive surgery).

We still have outside (foreign) objects being placed within the body.
We still have the creation of passage for bacteria.
In some respects, we can be more at risk for infection because these devices may have to remain in position while the body heals. The objects are now both inside and outside the body simultaneously. Healing must occur with the screws or pins jutting out of the skin. Your wound sites need to be kept clean and monitored regularly.

KEY TAKEAWAY: Before making a decision to take a drug (especially long term) or have a procedure discuss everything (the good and the bad) with your health care providers. I call it the Open Eyes approach. In 2012 no one should hire a Doctor or Lawyer or any professional and be kept in the dark like a mushroom. By being fully informed you will feel empowered and confident in your decision. You should not be left wondering and wandering if it was the "right" choice. They are there to help YOU understand YOUR options as well as what you can and should expect post surgery.

Dr. Lawrence A. Newman
Doctor of Chiropractic
Attorney at Law

IthacaInjuryLawyer.com

504 North Aurora Street
Ithaca, NY 14850
607-229-5184

The Use or Abuse of Fear in Lawyering

2012-01-05T04:33:00.000-08:00

Using fear as a tactic has always bothered me. It is such a base thing to leverage a person's psyche against them. There are experts at doing this, and then there are Jewish mothers. I know all too well the throwing of guilt and shame to influence children. The outright manipulation with passive-agressive behavior. "Don't you worry bout me Larry, I'll just sit here in the dark, cold and alone, and wait for you to call." It may take 20 or 30 years but hopefully you catch on. Remember we must give (or feed) into it or it (guilt or fear) subsides. I now say, go ahead and throw it (guilt) but I'm no longer a guilt catcher.

Using Fear

When I see and hear of attorneys (and other professionals) using the unknown to pressure people into making decisions it goes directly to the issues of fair play and common decency. It is in a word, "unnecessary" to play the fear card. Frightening people into submission, and then dominating them for your own gain is wrong.

Fear in Pushing (Selling) Criminal Defense Representation

Attorneys telling someone that a long period in jail is likely unless they hire them is dishonest. Yes, there are situations where short or long term jail sentences are a reality. But the ranges of punishments need to accurately assessed and explained. I call it "exposure," what is my client exposed to? How likely are the different outcomes, and under what circumstances?

Fear in Pushing (Selling) Surgery in Personal Injury Representation

In the area of personal injury law, pushing or persuading people into an unnecessary procedure or surgery to add case value (worth) is like selling body parts. How much is your health or the health of your organs really worth? Would you sell a limb? Well, having an un-needed surgery may cost you in the long run.

Clients need to know the long term consequences of any and all decisions. That is what doctors refer to as "informed consent."

Have they been informed about complications? Have they been informed about the potential need for future "revisions" (more surgeries)? Have they been informed about "collateral" medical consequences? In spine fusions, the areas above and below (the fusion) are going to have to take up the slack so to speak of the non-functioning (fused) areas. This increased pressure on those joints will likely make those sections wear out faster, get arthritic (inflamed, irritated), and require care.

As a Chiropractor I advised my patients to try conservative options first unless surgery was immediately necessary. You can always go (or be) more invasive. You can always step up the intensity of the approach to a problem but often serious procedures have serious long term consequences.

"Every" Decision has Consequences

Good counsel will explain both sides of each and every event. Nothing is one sided. Look carefully.

Great counsel will reveal all benefits and detriments of available options. Be thorough.

Excellent counsel will help and assist the client to make the best decision for them (not for their case or anyone else).

Faith Based Decisions

And finally, Outstanding counsel will be proactive, and link their client's values, goals, and future hopes to a well thought out "faith" based decision. Fear is always shaky, uncertain, and disempowered. Replace fear with faith. But not blind faith but well reasoned, and with a plan set (and designed) in the clear light of day. For as the bible says, faith without works (proactivity) is dead.

Dr. Lawrence A. Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

Newman vs. Walmart, Calling Legal BS on One of the Nation's Largest Retailers

2012-01-03T03:09:00.000-08:00

I got two of the same gift for X-mas this year. I did want Steve Jobs new book just not two of them. So my adventure began at Walmart to make a return yesterday. Pretty easy thing, the return of a book. Shouldn't be too complicated. Apparently, the Ithaca Walmart has posted a new sign by it's return department. Stuck up between it's "normal" return policy manifesto with tape.

-NO Book and magazine returns because it is in violation of copyright law.

Do they mean Title 17 United States Code?

http://www.copyright.gov/title17/

"The" 1976 FEDERAL COPYRIGHT LAW?

Now tell me it's your policy, don't tell me it's because of "the" Federal copyright law that you cannot return a book at Walmart. I call Bull Shit on that. Where in the copyright law does it mention the return of new books? Especially unread, unused, and unwritten in books? Is this something I missed in law school? Is this something my copyright law teacher (yeah I took copyright law as an elective) forgot to mention?

Maybe Walmart or their lawyers can explain their version of copyright "infringement" (violation) under Section 501 of the code?

I guess all the countries booksellers large and small are violating this law but book returns happen everyday and have for years. Maybe I missed some Supreme Court decision over the break?

NOTICE

Further, now I'm pissed, you can't sell an item, and then a week after Christmas no less change the policy of return. It's a little thing called NOTICE, look it up Walmart. I told the store manager this, and she told me do I expect every check out clerk to tell each and every customer about this policy. In a word, YES.

ALL SALES FINAL

If you have a ALL SALES FINAL POLICY on books (or anything) then you MUST tell them it is. Not to would be a violation of not only common law but common decency. When you buy an item of clothing that is discounted (and a FINAL SALE) that is what they do (and multiple times). It is on the "racks," it is usually on the "walls," AND it is at the "check out counter" in big letters. It is everywhere so you can't say you missed it. They even tell you specifically at check out "over and over," hey by the way YOU CAN'T BRING THIS BACK.

AGREEMENT/CONTRACT

So let's go over this:

When a store makes an item FINAL SALE NO RETURN (on something that normally can be returned) There are BIG SIGNS all over the store, then the clerks say it, the managers say it, and it is written on the receipt. Why? So you know before you buy it, AND it is then a part of your agreement with the Store. Your purchase, the sale (the contract) is now conditioned upon this term (final sale).

But Walmart had no signs (all book sales final) by their books, noone told me at any time before my purchase, this was not on their receipt, and further this was NOT a discounted item.

I thought it telling that the store employees were looking forward to my speaking with their manager. Well the store manager did give me my money back, I guess she violated federal law now. Better call the Federal Prosecutors, and the copyright office. This is the last book I buy at Walmart or any of it's affiliates. The whole thing leaves a bad taste in my mouth for them, and their business practices or lack thereof.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com

Legally Never Place The Cart Before the Horse or Why Patience is a Virtue?

2012-01-02T05:28:00.000-08:00

I deal with people. People are impatient as a general rule. They want everything to be done at once. Simultaneously they want everything rectified, fixed, certified, and finalized. The problem is life, the courts, and the NYS DMV don't work that way.

There is an order, often a procedure or procedures, and a process. What might of happened in a brief moment may take months to correct. A simple violation compounded by time, and perhaps further infractions (offenses) may take a bit of effort to unravel.

Compounding this, People's memories are at times "selective," and they have chosen (consciously or unconsciously) to forget about some past mistakes. Whether in the form of unpaid fines, unanswered mail, or unattended hearings... All these "uns" can add up and believe me when I tell you that the DMV clerks, the Court clerks, and the state of New York is not going to forget about you.

So each and every legal problem or issue goes through a process. Step by step we must first:

#1 What the issues are?

What is outstanding? What is needed? Who wants something? What do they want or require? This requires investigation and discovery (uncovering your past perhaps).

#2 What are the options?

There may be choices. There may be different ways to accomplish the same result.

#3 How fast or soon or quickly can I have a resolution?

Closure has great value and fast closure is priceless. I recognize this. Sometimes cheap is dear. Paying the least expensive lawyer may get the job done BUT When? I know lawyers with hundreds of open files. Do you want to join their list? Be my guest. I have taken over cases/situations that had lingered for years (like open sores). Brag that you found a lawyer for $99, and then watch what happens, nothing! At those fees your case may be out sourced to India or China, only kidding but you get my point.

Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.com

IthacaDwi.com

What Does a Lawyer Mean When They Say They Are "Challenging" the Evidence?

2012-01-02T05:08:00.000-08:00

I recently sent a client an email letting them know that I was challenging the evidence in their DWI case. I had filed motions challenging the stop, the arrest, the police testing, their obtaining of statements, etc. They quickly replied, "what did I mean I was "challenging" the evidence?"

Simply put, Challenge = Confrontation. Confronting the government and their employees (the police, the district attorney) is often a part of what lawyers do. Confrontation arrives in TWO Major forms:

FORM #1

Filing Motions stating that the police procedures or methods followed were UN-constitutional. In other words in violation of your rights. Your right to be FREE from unreasonable invasions of your privacy, FREE from unreasonable searches, FREE from unreasonable seizures, FREE from using statements against you without first giving you Miranda warnings. These rights are all within the federal constitution, and have been adapted (interpreted to varying degrees) by the states.

Filing Motions stating that the District Attorney is acting against the laws of the state of New York and the Constitution. Maybe they are not providing discovery (police reports, evidence against you, breath test documents), maybe they are taking too long in their prosecution, or maybe they are violating a specific rule of law.

FORM #2

Requesting hearings to confront witnesses and evidence in the case. Hearings to contest (confront) the officer, deputy, or trooper who STOPPED the car without cause or reason. Hearings to contest an unlawful arrest. One made without probable cause. Hearings to see if certain evidence will come in (be able to be used) in the case against you. If evidence is obtained in violation of your rights it may not be used. ie. a breath test done with expired chemicals is disallowed and invalid. Hearings in NYS may have names based upon prior cases, like a Dunaway Hearing, Wade Hearing, etc.

BUT BUT BUT without challenge, without a motion, without a hearing, without someone saying and stating HOLD ON A MINUTE THERE! It (evidence) will come in and will be used against YOU.

In New York State criminal cases all motions, including requests for hearings, etc. must be all filed together in one large OMNIBUS MOTION within 45 days of the initial appearance/arraignment. There are other motions (like motions in limine) that can be filed but this is the biggie.

KEY TAKE-AWAY: Remember if You DO NOT exercise your rights (and fairly quickly) you will lose your rights.

Kinda like muscles, without use and daily exercise, they shrivel, shrink, get weak, and small. Your rights function much the same way.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com

IthacaDWI.com

New Year's Day at Ithaca Starbucks and Patterns

2012-01-01T06:56:00.000-08:00

Ithaca has two Starbucks, one up by Cornell University in Collegetown, and one in the basin (what we like to call by the Commons) at Tioga Street and Seneca Street (in the Hilton Hotel). I guess you could stretch, and say that there is a third Starbucks location "in" the Barnes & Noble on Route 13 but in my mind they are not a "real" Starbucks. Kinda like the airport Starbucks, their coffee seems watered down or maybe they are serving Pike Place (I don't like Pike).

My wife and I have a Sunday morning routine (older people have these routines). We take a walk up the hill and then down, get some fresh air (cold in the winter), and then relax with some coffee at Starbucks.
This morning I viewed the change of the numbers up at IC (Ithaca College) to 2012, unfortunately I can't make it past 10:00pm to see them change in the night.

Ithaca College Towers with "1 2"

Ithaca is a small place, and not a day goes by that I don't run into people I know. One of the local pastors is David Grimm. He is usually preparing (or honing) his sermon at Starbucks on Sunday. This Sunday was no exception. His church is only blocks from my office at Buffalo and Aurora. Pastor Grimm has a way of disarming you with his gentle smile. He puts alot of work and thought into his Sunday church service. Laptop in hand every Sunday, focused on task. Today it's on Fracking. A hot Ithaca topic.

Pastor David Grimm

http://unitarian.ithaca.ny.us/

This is from the Church website. There seven tenets/principles. Not much to argue with here although if you give me some time I can probably come up with some challenges.

Unitarian Universalist Principles

There are seven principles which Unitarian Universalist congregations affirm and promote:

The inherent worth and dignity of every person;
Justice, equity and compassion in human relations;
Acceptance of one another and encouragement to spiritual growth in our congregations;
A free and responsible search for truth and meaning;
The right of conscience and the use of the democratic process within our congregations and in society at large;
The goal of world community with peace, liberty, and justice for all;
Respect for the interdependent web of all existence of which we are a part.

THE MAGIC OF NUMBERS

I love the magic of numbers, and the number Seven is no exception, maybe there is a reason it's used by so many, including the Unitarian Church:

the seven seas

the seven ages of man

phone numbers

seven deadly sins

seven continents

ph of 7 (balanced) for pure water

seven days in a week

musical scale of seven notes

most space missions have seven astronauts

7 up

7 eleven

RX-7

Jack Daniel's No. 7

Seagram's 7 Crown

007

Boeing 707

747

seven colors in a rainbow, ROYGBIV

Popular, lucky, or just a great power number.

THE POWER OF PATTERNS

Just like numbers have power I believe that there is also a power of patterns.

Any legal case must be broken down, evaluated, and investigated into it's parts. Like a good story with a beginning, middle, and an end. Every case has a rhythm and a pattern (s).

A trucking or car accident case (personal injury case) will likely have 3 main parts:
1. potential pre-existing injuries and/or medical conditions,
2. current/existing injuries,
3. the predictable future of those injuries.

These follow the body's pattern of inflammation and then repair.

The accident itself will have three parts:
1. pre-accident behavior (drinking, smoking, texting, lack of sleep or rest),
2. accident behavior (negligent/distracted driving, failure to inspect, repair, or maintain),
3. post-accident behavior/evidence (statements, black boxes, vehicle damage, positions, equipment defects, etc.).

In any case we look for consistency or an inconsistency.
Are there things that do not match or add up?
Do things that normally are together wind up apart?

I remember a legal seminar on insurance fraud that still sticks in my head where they started to use computers to evaluate medical bills. They went though this doctor's database of patients and billing. the spreadsheets revealed some ridiculous patterns.

Why did everyone in the car accident (age 8 to age 60) receive the same treatment?
Why did they all have the same or similar diagnosis?
Why did they all have the same date of release?

This made no sense in the real world of variables. Yes they were all in the same accident, but would a six year old need the exact same therapy as a sixty year old? Fraud at it's finest.

I look for patterns in police reports. Why do some police officers write the same or similar things?Are these reports "canned"? Are they using "Skeleton frames" over and over to bolster probable cause?

Some people are looking for the right Answers. I believe that it is far more important to first ask the RIGHT QUESTIONS. They may be a pattern or two that needs exploring.

Lawrence Newman, J.D., D.C.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
IthacaInjuryLawyer.com

New Year's Eve: What is a New York CD (conditional discharge)?

2011-12-31T16:11:00.000-08:00

My final blog post for 2011 is: What is a New York CD (conditional discharge)?

I am reminded of a favorite Dr. Seuss book, “Oh, The Places You Will Go” when I think on NY CDs. This is because I believe that New York Criminal court can be an “adventure” of sorts. I recently had someone send me an email asking me what a CD was, and then I checked some message boards. There is plenty of misinformation out on the internet so with this in mind I aspire to bring some light on the subject of CDs.

First, what is a C.D. NOT:

A CD is NOT a dismissal of the charges. If the charges are Dismissed there is NO sentencing.
A CD is NOT an expungement of the charges. NYS has NO expungement, it does NOT exist.
A CD is NOT related to whether or not you have been convicted of a crime. You are considered convicted of a crime whether you plead guilty to a misdemeanor or are found guilty after a trial for a misdemeanor. Violations are considered offenses but are NOT classified as CRIMES. This is a source of endless confusion. Sometimes called Offenses and violations but "may or may not" be New York State crimes (misdemeanors and felonies) but are they "criminal" convictions. Remember to always consider to that state (New York) not to compare state to state.

Go to my Video on New York CDs here:

http://www.youtube.com/watch?v=Pg_6GE7Dlvo

Basically a CD is a form (type) of sentencing by a Court (Judge).

It is merely a sentencing option.

These are the options at or for sentencing (assuming a plea or a finding of guilt to something):

There is an Unconditional Discharge. You have NO conditions to discharge your obligation to the Court. These are rarely given.

There is a term of jail (incarceration). Whether for a term of weekends, days, weeks, or months.

There is a term of probation. You get a probation officer. You must submit to whatever they direct you to do or not do for a period of time. Misdemeanor probation is for three years.

There is the CD (conditional discharge). I say “the” CD because there is only one type. You have certain (specific) conditions aka obligations to meet to satisfy the Court. The main condition is No new crimes (no new arrests) for a period of time. This is generally for one year. If you violate this main condition then you will be re-sentenced for the offense you plead guilty to, not the original charges. New conditions can also be imposed, such as drug/alcohol counseling, jail, and/or probation.

This is the actual statute:

NEW YORK STATE PENAL LAW

§ 65.05 Sentence of conditional discharge. (Highlights and additions mine.)

1. Criteria. (a) Except as otherwise required by section 60.05, the

court may (option) impose (give) a sentence of conditional discharge for an offense if

the court, having regard to the nature and circumstances of the offense

and to the history, character and condition (no priors, no aggravators) of the defendant, is of the

opinion that neither the public interest nor the ends of justice would

be served by a sentence of imprisonment and that probation supervision

is not appropriate.

(b) When a sentence of conditional discharge is imposed for a felony,

the court shall set forth in the record the reasons for its action.

2. Sentence. Except to the extent authorized by paragraph (d) of

subdivision two of section 60.01 of this chapter, when the court imposes

a sentence of conditional discharge the defendant shall be released with

respect to the conviction for which the sentence is imposed without

imprisonment or probation supervision but subject, during the period of

conditional discharge, to such conditions (obligations) as the court may determine.

The court shall impose the period of conditional discharge authorized by

subdivision three of this section and shall specify, in accordance with

section 65.10, the conditions to be complied with. If a defendant is

sentenced pursuant to paragraph (e) of subdivision two of section 65.10

of this chapter, the court shall require the administrator of the

program to provide written notice to the court of any violation of

program participation by the defendant. The court may modify or enlarge

the conditions or, if (the Big If) the defendant commits an additional offense or

violates a condition, revoke the sentence at any time prior to the

expiration or termination of the period of conditional discharge.

3. Periods of conditional discharge. Unless terminated sooner in

accordance with the criminal procedure law, the period of conditional

discharge shall be as follows:

(a) Three years in the case of a felony; and

(b) One year in the case of a misdemeanor or a violation. (could be longer)

Where the court has required, as a condition of the sentence, that the

defendant make restitution of the fruits of his or her offense or make

reparation for the loss caused thereby and such condition has not been

satisfied, the court, at any time prior to the expiration or termination

of the period of conditional discharge, may impose an additional period.

The length of the additional period shall be fixed by the court at the

time it is imposed and shall not be more than two years. All of the

incidents of the original sentence, including the authority of the court

to modify or enlarge the conditions, shall continue to apply during such

additional period.

Lawrence Newman, D.C., J.D.

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

ithacadwi.com

Ithaca Lawyer: The Value of Sleep and Mental Alertness

2011-12-27T05:16:00.000-08:00

I am a 50 year old man. There is one thing better than food, sex, or a court victory... that is a good night's sleep. I'm talking about those delicious REM (rapid eye movement) deep dream sleep moments. With four kids (2 in college and 2 in their teens) a good night's sleep is not always easy or a practical reality.

I remember from the movie Fight Club (I love this movie) when Norton talks about his drug induced sleep (from pills), and compares that level of sleep to "real" rest. The natural state of relaxed and fulfilled nocturnal bliss. His brain and his life in chaos, worry, anxiety, and turmoil leading to his break with reality.

Is sleep just that important? I say a fast yes. Apparently The DOT (Department of Transportation) feels the same way, recently (December 2011) they changed the rules and regulations for a truck driver's hours of service. This is when and how often they (truck drivers) can drive a truck in any given week. They reduced the total weekly hours by 12. Going from 82 hours to 70 hours in total. This is a huge change to be implemented and enforced upon a work force based in results per hour. I predict more violations of the rules, the logging of hours, and unfortunately the number of crashes. When money (profits) are placed ahead of people (safety) no rules or laws are going to fix the (long term) problem.

I will talk further about the new rules and regulations in future blogs. Suffice it to say, sleepy, drowsy, and fatigued truck driving has led to so many fatal crashes that the DOT has finally acted.

Dr. Lawrence Newman
Doctor of Chiropractic
Attorney at Law

607-229-5184
newman.lawrence@gmail.com
IthacaInjuryLawyer.com

Truckers With Sleep Apea, a True " Catch 22"

2011-12-20T08:28:00.000-08:00

Catch 22 is a dated phrase going back to a novel written by Joseph Heller. The story involved a military (COMBAT) officer who wants out of active duty. In order to get out, he must decide (turn himself in) to have a psychological evaluation to be determined unfit for duty. BUT In order to make this decision (to have an evaluation and be declared Un-fit) he must be sane therefore the reason for the decision to have a psych evaluation to declare him as insane is impossible. WHAT? Circular reasoning at it's best. You can't get what you want unless you prove that you don't want or deserve what you want. HUH?

This is one of those crazy situations, like being between a "rock and hard place." Kinda like you can't get the job unless you have proper experience but the job (is the only place to get the training) will give you the experience you need.

In the real world of trucking, drivers face a similar dilemma. The "no-win" or "lose-lose" of having a medical evaluation to diagnose and treat their health problems at the cost of losing their job. Many truckers have a medical condition called, sleep apnea or obstructive sleep apnea.

Basically you wake up a lot in the middle of the night because your airway passage closes down (becomes blocked). It causes fatigue, irritability, cardiac problems, breathing difficulties, and other serious chronic medical issues. Drivers without quality sleep, real REM (rapid eye movement) deep rest have all those health conditions progressively worsen to the point of debilitation.

CDL (commercial driver license) holders must be physically checked, evaluated, and qualified medically every two years. This condition disqualifies a driver. They are without a job if they have a medical condition that can potentially impact their driving safely.

Statistically over 30% of truck drivers have sleep apea, and those are the ones we know about. How many truck accidents are the result of fatigue (distracted driving) and that have an underlying cause in driver sleep apnea we may never know.

Dr. Lawrence Newman, D.C., Esq.
IthacaInjuryLawyer.com

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

Comparing Apples to Apples in Ithaca, NY

2011-12-19T13:02:00.000-08:00

I know it's not apple season in Ithaca, NY but it's always a good time to talk apples to apples.

I field dozens of calls each and every week. Problems require answers, more like they demand answers. I am often asked for my opinion, and to compare things.

What is likely to happen?
What can I expect at each stage?
How is this going to go (progress) for me?
How long will my case take?
What is my best course of action?

Inevitably people throw in that a friend or family member (maybe someone in a position of authority) told them this or that. Maybe that someone genuinely cares, and sincerely wants to help them.

But, but, but... I always like to compare apples with apples.

I know, I know that this is how they do it in New York City but NOT in Ithaca, NY. I know, I know ten years ago or six months ago your friend in New Jersey or your brother in law in Pennsylvania got X amount of money or had to only do Y but this is what is happening here (in Tompkins County, or Broome County or Cortland County).

It drives me crazy when people place two entirely different situations in the same context.

There are Three Things to at the very least compare apples to apples:

CONTEXT

First, number one, before all else we need to determine the playing field, the CONTEXT. Nothing ever happens in a vacuum. Everything is based upon TIME and SPACE. If you are in NYC the price of a burger and it's general quality and your options may be almost limitless. NOT SO in Tompkins county. Legal actions or disputes also must be placed (considered) within an APPROPRIATE context.

APPLICATION

The laws in NYS are the same but the APPLICATION may be different. The RANGES of compensation on Personal Injury cases county to county are as different as are the punishments for various crimes throughout the state.

TIMING

Lastly, we must look at TIMING. What happened last week, last month, or last year is not TODAY. Judges change, legal opinions are in flux, and what one ADA may do (give, or offer) another (from the same office) may not. Quite simply Things Change, sometimes overnight.

With these things in mind, an attorney in that locale,with knowledge of that area of the law, may be able to offer "a range of predictable certainty." Now that's something worth knowing.

Dr. Lawrence Newman, D.C., J.D.

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

www.IthacaInjuryLawyer.com

Truck Accident Cases are a Different Animal than a Car Accident Case

2011-12-17T08:56:00.000-08:00

I want to share with you why a NYS Truck Accident case is far different than a NYS car accident case.

see my YOUTUBE video "Why Truck Accident Cases are Different than Car Accidents," here:

http://www.youtube.com/watch?v=qKu5VmPCfdg

SEVEN "BIG" REASONS WHY A TRUCK CASE IS DIFFERENT:

Car accidents generally have one defendant (party to blame) to sue. Usually owner of car/driver of car.

Truck accidents can have multiple defendants from many states. The number of potential parties to hold liable is huge. The Broker, the Shipper, the loaders, the Carrier, the Driver, the Lessor, the Renter, the Manufacturer, and/or the Equipment repairer. We can have multiple owners, lessor, and/or renters because there is a truck and a trailer. On top of that are the number of theories of liability (legal fault) ranging from negligent hire, to negligent supervision, to negligent retention, to negligent driving, to negligent packing, to negligent inspecting, to negligent repair, and/or negligent maintenance.

Car accident lawsuits are typically brought in a local state court.

Truck accident lawsuits can wind up in a local state or Federal court. This is because the lessor, the renter, and/or the common carrier of the truck and/or trailer may be based in different states or even Canada.

Car accidents are typically rear end collisions involving two vehicles.

Truck accidents are primarily from lane changing, and can involve multiple vehicles. Sideswiping from lane changes is typical because trucks have "NO ZONES." These are large areas around the truck where the truck driver has "NO VISION." These are also referred to as "BLIND SPOTS."

Car accidents are usually caused by driver error.

Truck accidents can be caused by driver error but additionally there can be mechanical issues, defective equipment, loading issues, and improper repair and maintenance issues. Many trucks that are out on the road are in violation. When investigating a truck case it is more typical than not to discover brake, tire, wheel, and suspension issues contributed in some way to the crash.

Car accident cases may or may not have high amounts of bodily injury (ability to compensate an injured person for injuries) insurance coverage.

Truck accidents are covered under Federally imposed bodily injury insurance. This mandatory coverage ranges from $750,000 to the millions depending upon the number of defendants, the type of cargo being hauled, and the companies involved.

Car accidents involve "amateur" drivers who are held to lower standards.

Truck accidents involve "professional" drivers who may drive over a hundred thousand miles a year, hold CDLs (commercial driver license), have endorsements to drive and haul specific trucks and cargo, are highly trained, are regularly drug and alcohol tested, have to log and document every hour of every week they work, are responsible for daily vehicle inspections, and are certified annually to be healthy enough to drive.

Car accident claims generally do not require the use of an accident reconstruction expert or an investigator.

Truck accidents require a full investigation into all potential sources of liability (fault). This may involve hiring experts in accident reconstruction, truck equipment and operation.

Questions to ask following a truck accident:

• Were there any driving violations?

• Were there any State and/or Federal law violations for “hours-of-service and/or duty status?”

Truck drivers have to log and account for all their hours both on and off the job.

• Was the driver properly licensed?

• Was the driver properly endorsed?

• Was the driver qualified, trained, and experienced to drive that type of truck?

• Did the driver have their Medical Examiner’s certification proving “physical and mental fitness”

to drive?

• Did the driver have all necessary medical waivers for their medical conditions?

• Was the truck properly inspected, repaired, and maintained?

• Was there documentation of the equipment’s periodic inspections?

• Were the brake systems on both tractor and trailer in proper working order?

• Were the rims, wheels, and hubs within Federal guidelines for safety?

• Were the tires within Federal guidelines for safety?

• Were the coupling devices within Federal guidelines for safety?

• Were the suspension parts in safe working condition?

Dr. Lawrence Newman, D.C., J.D.

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

www.IthacaInjuryLawyer.com

DWS = Driving While Stoned (DWAI drugs)

2011-12-15T04:44:00.000-08:00

A new study shows that teen use of pot has increased while there is a remarkable decline in drinking. They surveyed 47,000 teens so I think the evidence is pretty compelling. Although my son says you can skew (twist and interpret) any data with statistics to support your opinion.

Is this a good thing (decrease in alcohol, increase in pot)?
Which is worse "drunk" driving or "high" driving?

Before you accuse me of promoting either activity let me state for the record, I do not advocate anyone driving while under the influence of "any" substance that would cause them to be a danger. BTW Studies have shown that driving while tired and texting can be just as dangerous as being impaired by a drug. Many more car and truck accidents have been attributed to driver fatigue than intoxication or impairment combined.

Many people I talk to believe that marijuana should be legalized. I don't think that is going to happen anytime soon. It is being, and has been decriminalized in many states. There is a trend (14 states and counting) to have medical marijuana. I think marijuana has it's place, compared to other drugs, it is safe, and should not be demonized.

Alcohol the DRUG

Most people forget: Alcohol is a powerful DRUG, but because it is: not sold in a pharmacy, socially acceptable, legal, and easily obtainable (local gas station) we downplay it's ability to affect us. We minimize alcohol, and the fact that about one in ten people is an alcoholic (alcohol dependent).

I believe that drunk driving has proven much more deadly than high driving. Regular (daily) pot users learn to do tasks while high. I have seen fully functional daily stoners. However, you choose to define fully or functional. This is also true to a certain degree for alcoholics but not to the same level or standard.

Neither is a good thing by any stretch of the imagination. It troubles me to see high driving portrayed as so innocuous in the movies. Being wasted out of your mind and driving may be funny in the movies but I would not want to be on a road with that person. So my answer is I do not think an increase in pot use is better. I think it opens up the door once again to teach people to respect all drugs and their ability to affect us. Being aware that with pot, the THC levels may vary greatly crop to crop. Difficult to always know how you may be after only smoking a joint. It also might be "laced" (tainted) with other drugs. Worse than drunk driving or high driving is the combination drunk/high driving.

TRENDS

I have seen a rise in those charged with DWAI drugs in Ithaca, and upstate New York. This is DWI on any drug other than alcohol. This charge is a crime (misdemeanor level). It is punishable to the same extent as alcohol DWI but without the mandatory ignition interlock device. Many of the cases I have defended involved either pot or prescription drugs. Combining multiple (prescription) drugs that cause drowsiness, muscle relaxation, and decreased reaction time spell disaster out on the road.

See my YouTube videos on "DWAI drugs" part I here:

http://www.youtube.com/watch?v=6GZxAFsuDIo&feature=plcp&context=C23ff2UDOEgsToPDskJiMXq1im9ejLtxCpQkfUVF

DWAI Drugs part II here:

http://www.youtube.com/watch?v=xnDQttIFMN4&feature=plcp&context=C22a8cUDOEgsToPDskLiCHXrG6YL-rVm4LP5S84l

Lawrence Newman, D.C., Esq.

Law Offices of Lawrence Newman
504 North Aurora Street
Ithaca, NY 14850

607-229-5184

www.IthacaDWI.com

All Things Great & Small: The Wonders of the Patella

2011-12-14T02:52:00.000-08:00

I love the body. How it works, it's masterful design, and the engineering. They all add up to a miracle. When a person is injured there are changes in their anatomy which affect their physiology. I believe that most people if they knew just how function and structure correlate would appreciate their health.

The Patella is a little bone. It sits just a few inches around. Often overlooked and undervalued as a bone or as even a part of your 200 plus bones. As they say, "you don't know what you got till it's gone." A person with a Patellar injury is going to have major problems with even the most basic functions, like walking or even standing.

See my YouTube Video, "The Patella is a Small Bone with a Big Purpose" here:

http://www.youtube.com/watch?v=zmUWXSJrRto&list=UUBwBPLfPQYrF6MC3STcNOsw&feature=plcp

Why? All all about Engineering.

The Patella sits as an engineering marvel. It acts as a fulcrum. It provides the body with a leverage arm to increase the power of the thigh muscles (the quadriceps) acting upon the leg. This is referred to as mechanical advantage. And what an advantage it is,Without a healthy and fully functioning (properly moving/gliding) patella your ability to walk, stand, kick, squat, and do all those things you take for granted is virtually lost. A thigh without a patella becomes a weakling.

What's Important? Structure and the Balance

In my chiropractic practice, I treated many different patella injuries and tracking disorders (misalignments, subluxations) from car accidents. Often these were due to knees banging into dashboards and steering wheels. The key to the Patella is balance. It can't be set too far to the left or the right (medial or lateral thigh) or else it loses it's effectiveness. All things within the body (to function at their highest level) must not only have integrity (healthy bone, ligaments, tendons) but also proper alignment.

Dr. Lawrence A. Newman, D.C., Esq.
Personal Injury and Criminal Defense Attorney

504 North Aurora Street
Ithaca, NY 14850
607-229-5184

www.IthacaInjuryLawyer.com

Ithaca Lawyer Explains Impairment versus Disability

2011-12-13T04:53:00.000-08:00

People love to throw around words. Sometimes I do the same thing, use the wrong words in the right context or the right words but in the wrong context. Ah I love words, their origin, their power, and most of all their ability to express.

In the world of personal injury law two terms are often misused. Impaired and disabled are not the same thing although they are used interchangeably. Someone can have a great impairment with NO disability and yet a small impairment with a COMPLETE disability. Can people be impaired and disabled? yes. Can people be impaired but not disabled? yes. Can people be disabled but not impaired? this one is a NO.

How does that work?

Impairment always relates to function or the ability to use a part or system of the body.
Disability always relates to a specific job or vocation.

In order to determine a degree of disability (the ability to perform a job) a doctor or vocational expert would need to know what the physical and/or mental requirements of that job are. To walk a certain distance, stand for a specific time, to lift x pounds x times, to carry, etc. Someone could have a partial disability (can do a part of their job) or a complete disability (can do none of their job duties).
NOTE: When someone is classified as completely disabled that means they can't do ANY job. Their disease, dysfunction, impairment, and problems so affect them they cannot be employed.

In order to determine a degree of impairment a doctor must test (examine and evaluate) the area of the body in question for function. This may include x-rays, MRI, CT scan, neurological testing (NCV, EMG), muscle testing, etc. and a physical exam. Physical exam testing includes: ROMs (ranges of motion) both passive and active, strength, reflexes, and orthopedic tests for abnormalities (disease/injury). Putting all this together leads to a diagnosis (what is wrong?), prognosis (predicted future), and an impairment rating (in degrees) based upon the AMA Guides to the Evaluation of Permanent Impairment or some other manual.

The Job is important in the overall determination. Someone that needs their hands to do their job ie. a concert pianist, would be completely disabled if they lost a finger (a relatively small impairment). While an attorney would have no disability if they lost an arm or a leg ( a large impairment). In other words, they could still perform their job.

See my You Tube video Impairment vs. Disability here:

http://www.youtube.com/watch?v=vyvdF2ZAjrk

Dr. Lawrence A. Newman, D.C., J.D.
Chiropractor and Attorney
607-229-5184
http://www.ithacainjurylawyer.com/

Law Offices of Lawrence Newman
504 North Aurora Street
Ithaca, NY 14850

Out of State PA & NJ license holders, Tickets, and Points on Your Record

2011-12-11T13:24:00.000-08:00

Speeding tickets, and moving violations are all too common around Ithaca where the limits change rapidly from 55mph to 45mph to 30mph in the blink of an eye. If it's late at night, and the roads are more desolate (especially in the winter) the police are out shooting ducks (can you quack?) in a barrel.

What if you are from NJ (have a New Jersey driver's license)?

Will NJ give your New York Violations points?

btw (I'm licensed in NJ, NY, FL, and PA)

NJ will assign 2 points for any out of state violation. But keep in mind that your insurance will give the full weight to a 4 point, 6 point, or 8 point violation.

What if you are from PA (have a Pennsylvania driver's license)?

Will PA give your New York Violations points?

Although reported to PennDOT, minor traffic offenses such as speeding, red light, stop sign, etc., will (NOT) appear on your driving record, unless you are a CDL holder.

You should also know that NY (licensed drivers) take points from NO other states but does take points from Ontario and Quebec (we have a special agreement with Canada). Warning: this does not mean your insurance will feel that way.

Lawrence A. Newman, D.C., J.D.

607-229-5184

www.IthacaInjuryLawyer.com

Signs, Signs, Everywhere a Sign

2011-12-11T12:57:00.000-08:00

It was a beautiful, cold, Ithaca Sunday morning. I was out walking when I spotted all these signs stuck in the grass. You know that song, “Signs,” famously covered and recorded by Tesla in 2007, originally recorded by Five Man Electric Band, “signs, signs, everywhere a sign,” well I did see some WARNING signs, and I was pretty floored.

· Are people supposed to safely navigate over snow and ice?

· Is the landlord not responsible to salt, clear, and maintain these areas?

· Especially with the knowledge that people are walking over these walkways and steps every day?

· Can a landowner negate their duty?

· Can a landowner put up signs (in advance of foreseeable weather) to negate (their obligation) to maintain safety?

A big wow because they cannot do any such thing. New York State Law is Clear:

What is a New York State’s Landowner (landlord’s) DUTY?

Indeed as the duty was so clearly stated in Smith v Arbaugh's Rest. (supra, p 100): "A landowner must act as a reasonable man in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk".

· How risky is it to walk up steep steps with no handrail?

· Risk of fracture is great.

· Slip, fall, and something is sure to break.

· Injuries to the knees, hips, backs, hands, and wrists from falling onto the sidewalk is not only likely but dangerous.

The Court in Smith continues by stating what this DUTY is:

Application of the single rule in the instant case exemplifies its good sense, for the duty of keeping the roads of Ice Caves Mountain in repair should not vary with the status of the person who uses them but, rather, with the foreseeability of their use and the possibility of injury resulting therefrom. While the likelihood of a plaintiff's presence had been an implicit consideration in the determination of status and the duty commensurate therewith, it now becomes a primary independent factor in determining foreseeability and the duty of the owner or occupier will vary with the likelihood of plaintiff's presence at the particular time and place of the injury. While status is no longer determinative, considerations of who plaintiff is and what his purpose is upon the land are factors which, if known, may be included in arriving at what would be reasonable care under the circumstances.

Is the state’s (governmental entity) DUTY different?

It is not disputed that when the State acts in a proprietary capacity as a landlord, it is subject to the same principles of tort law as is a private landlord (see Court of Claims Act, § 8; Preston v State of New York, 59 N.Y.2d 997, 998; Bass v City of New York, 38 AD2d 407, 411, affd no opn 32 N.Y.2d 894, supra; Duren v City of Binghamton, 172 Misc 580, affd 258 App Div 694, affd 283 N.Y. 467).

The difficulty here arises from defendant's dual role, where it has acted in a proprietary capacity as a landlord by its ownership and control of the SUNY campus, and also in a governmental capacity by providing police protection through the appointment of campus security officers "to preserve law and order on the campus" (see Education Law, § 355, subd 2, par m). A governmental entity's conduct may fall along a continuum of responsibility to individuals *512 and society deriving from its governmental and proprietary functions. This begins with the simplest matters directly concerning a piece of property for which the entity acting as landlord has a certain duty of care, for example, the repair of steps or the maintenance of doors in an apartment building. The spectrum extends gradually out to more complex measures of safety and security for a greater area and populace, whereupon the actions increasingly, and at a certain point only, involve governmental functions, for example, the maintenance of general police and fire protection. Consequently, any issue relating to the safety or security of an individual claimant must be carefully scrutinized to determine the point along the continuum that the State's alleged negligent action falls into, either a proprietary or governmental category.

"[I]n determining the extent and scope of the [State's] duties as a landlord, we must `distinguish those liabilities attendant upon governmental activities which have displaced or supplemented traditionally private enterprises' (Riss v. City of New York, 22 N.Y.2d 579, 581) and are performed in a proprietary capacity from those which are and have always been considered governmental in nature" (Bass v City of New York, 38 AD2d 407, 411, affd no opn 32 N.Y.2d 894, supra).

Signs aren’t going to negate your responsibility to the public. Signs aren’t going to negate your liability if someone gets hurt because you failed to adequately maintain safety. No, Signs aren’t going to let you off the hook if someone G-d forbid breaks something on a sheet of sidewalk ice.

Lawrence A. Newman, D.C., J.D.

607-229-5184

www.IthacaInjuryLawyer.com

The Stress of Arrest

2011-12-10T12:23:00.000-08:00

We all know that stress kills. In 1967 two psychiatrists, Drs’ Holmes and Rahe came up with the Stress Scale. They studied 5,000 people, and proved a causal link between specific stressful events, and a person’s overall health. They assigned (quantified) different numbers of "Life Change Units" to things like divorce, job change, and the death of a loved one to figure an estimate of how likely that person would experience ill health in the coming year. They were way ahead of their time. These days we take for granted, words like holistic, and approaches to understanding human ills based upon internal (mental) issues.

But the doctors left a few life events off their scale. They didn’t calculate the effects of an arrest, and pending criminal charges. I often wonder how they would fair (or figure) in terms of the stress scale? In some respects the mind has greater difficulty with the “pending” element. Nothing is more stressful to me then the hanging in the balance. Oh the dread of waiting, the expectation of punishment, and the stagnant air of uncertainty.

I believe from dealing with hundreds of clients that the stress of any litigation (legal proceedings) is enormous. Clients have reported to me that they are unable to eat, sleep, think, study, and work while their matters are pending. I think that being aware of this potential stress can allow you to prepare for it.

1. Keep your problems in perspective. Your attorney should place them on the spectrum of black and white. Your case is usually a shade of grey.

2. Think about what you are facing in it’s totality. Do not negate any parts of it. Don't minimize it. Confront it early, and create a game plan for dealing with all of it. It is best to look at all of it not some of it. The mind (psyche) doesn't play that game too well. Anything left hanging sits in the recesses of your consciousness.

3. Purposely adopt healthy practices during this time. Exercise, eat well, drink water, and practice any form of self-care. This may be a perfect opportunity to turn a corner.

4. Communicate with your attorney, any and all fears, any questions, any concerns, and get as much certainty about your situation as is possible. Remember that Uncertainty (much like the unknown) is the real killer. The more you know the more empowered you will feel in the most stressful situation.

Dr. Lawrence A. Newman, D.C., Esq.

607-229-5184

www.IthacaInjuryLawyer.com

The Lawyer's Art of Argument

2011-12-09T18:28:00.000-08:00

People believe lawyers like to argue. Well it kinda comes with the territory so to speak. We are trained in law school to look for "Issues." Issue Spotting 101.

What is an issue? An issue is where there are two or more sides, two or more points of view, and/or two or more facts in dispute. Ah the magic word dispute.

That's what we do, we dispute (hey it's a verb and a noun). At the heart of any lawsuit or dispute lies the triad of available arguments.

The Lawyer's Toolbox Contains:

1. LEGAL Arguments: Under this law, this statute, and/or this legal principle my client should win money, custody, the property or be found not guilty because the law is in his/her favor. This is generally based upon prior situations (history). Although lawyers like to use the fancy legal term, precedent.

Before today it was decided thus so in this case the same result should stand. Courts like this, and have a special name for it, "stare decisis," It basically means let the decision stand, don't rock the boat, follow prior times and prior judges and prior courts.

The full latin: “Stare decisis et non quieta movere”

"to stand by decisions and not disturb the undisturbed."

So I first (as a lawyer) consider any Legal Arguments. What if I have NO legal arguments, then I try...

2. FACT Arguments: The facts may be different than what the witnesses say or the evidence is demonstrating. Different People can and will interpret or view the same event with different eyes. Was it a Red light or green light? Was he tired or was he intoxicated? Was the light broken? Was the tire defective or were the brake pads worn?

Maybe the fact witnesses are lying or biased or mistaken. They may even be all three.
Are all the facts consistent? Do things make sense? Do things add up?

TESTS AND TESTING: They could be ACCURATE OR INACCURATE.

The results of any: blood test, breath test, DNA test, field sobriety tests are all disputable.

EXPERT WITNESSES are disputable.

The accident reconstructionist, the engineer, the mechanic, the doctor, the police, the trooper, the deputy were mistaken? Their opinion is always that, an opinion.

So secondly I consider any factual arguments.

3. I just plain argue. After the legal arguments, after the factual arguments, I only have my ability to argue. & I can argue about just about anything.

At this point (stage) I may turn to the "equity" arguments (basically fairness), and point out a client’s age (young or old), sex (male or female), pregnancy, drug addiction, mental problems, necessity (not a true legal necessity in all probability), upbringing, family problems, childhood, bad luck, stupidity,,, when you have nothing left sometimes the craziest of arguments may ring a bell with someone. After 25 years of dealing with people in a professional capacity (and what makes them tick) not much surprises me. Anyway, You don't win if you don't try.

Lawrence Newman, D.C., J.D.

607-229-5184

www.IthacaInjuryLawyer.com

Serious Mistakes Lead To Serious Consequences

2011-12-08T04:27:00.000-08:00

As part of what I do day to day I read reports. Police reports. Reports and investigations of accidents and DWI's. What happened? How they occurred. Sometimes they (people) get it wrong. That's why it's so important to check things out first hand.

Visiting the scene, talking to witnesses, and looking at the damages. I was representing a man last year who had been airlifted from the scene. The police report had diagrams that just didn't make sense. I went to the scene, walked around, and then sat there for about an hour. It just then hit me, the whole thing was backwards in the police report. For whatever reason, maybe dyslexia, the cars and the roads were all juxtaposed. This viewpoint had painted my client as the "at fault" party, when in truth she was the "victim."

How often do we get things wrong?

You know the Ithaca City Courthouse is currently getting all new windows, re-vamped heat and A/C, and a face lift. Why? 15 years ago they put all the windows in backwards. I'm not just talking about a dozen windows, I'm talking like a 100 windows. Don't even ask about the ventilation system.

The Construction "Zone"

Ithaca City Court, Clinton Street, Ithaca, NY

Lots and lots of windows!

Now imagine how that happened. Builders, planners, architects, inspectors, engineers, installers, etc.
all made a huge error. Nobody caught it, nobody saw it, and nobody challenged it? At what cost?
The moral to our story: With accident cases just like window installations everything should be checked out thoroughly. Nothing should ever be accepted at face value.

Dr. Lawrence A. Newman, D.C., J.D.
607-229-5184

www.IthacaInjuryLawyer.com

Legal Disputes: Subjectivity and Objectivity or the Wonders of Perception

2011-12-07T04:22:00.000-08:00

I live in Ithaca, NY, "10 square miles surrounded by reality," as people like to joke. But is the joke really a joke? Ithaca is a strange place, strange because of the diverse range of viewpoints, strange because outside the box ideas are a constant source of conversation, amusement, and argument. As my kids say, "this place is really weird." Somebody is always protesting something or someone.

I Question, "What is real?"

No, I won't take you back to Philosophy 101 with the Descartes stuff but Real is what people think they perceive at any given moment.

I work in a world of disputes. DWI cases and car accident cases involve lots of opinions. Doctor opinions, law enforcement opinions, and witness opinions.

The doctors say you're ok, but other doctors say you need surgery. The police (the troopers, the deputies, the officers) said they smelled the strong odor of alcohol, that are was very unsteady, that I had slurred speech. Witnesses to events (like accidents) are often mistaken as well. Red light, green light, yellow light, speeding, I question their perceptions.

Using Ad-verbs and Adjectives

Did all that really happen? When people use adjectives and adverbs we start to get into troubling territory. Now we are truly making "value" judgments. Words like strong, weak, fast, slow, very, old, young, high, and low. These are all based in comparisons. But what are they comparing anything to? Their own set of norms, their own set of beliefs, and their own set of experiences.

I believe that the problem lies in these filters. Unfortunately, we and they don't always see eye to eye. People say it would be great to have video of everything but even then I have shown juries tapes of police misconduct and still they have surprised me.

People will even deny what their eyes see plain as day to be consistent with their programming. They can't believe that their spouses, friends, and family did some heinous acts even with mounds of evidence in front of them. Scary but true, people are people, and they will follow their subjective instincts faster than any objective findings.

Dr. Lawrence Newman, D.C., J.D.
www.IthacaInjuryLawyer.com
607-229-5184

Ithaca Lawyer: Why You Can't Afford to Pretend it will just All go Away...

2011-12-06T02:47:00.000-08:00

Well that's a mouthful but the truth is I get calls from people who do just that. They pretend that a criminal charge or a violation is just going to go away. They get stopped, charged, arrested, get notice to attend a Court hearing and then they... just blow it off. Some move, some just avoid the mail, and some change their phone number. Trust me when I tell you, "The government is never going to forget about you." As they say, "they got your number (s)."

Guess what? It never goes away until you deal with it. And it feels bad to most normal (healthy) people to have things hanging over their head. I meet up with enough unhealthy people to know. Because they have to walk and drive around with this dread. Knowing they are one car stop away from being arrested.

I had one client, got a NY DWI, left the state, started a new life, got married, had kids but he could never get a driver's license. Lived a perfectly clean life (paid his taxes, worked, and stayed out of trouble). So he drove with anxiety for 15 years until he decided to return to NYS, and deal with his charges. He told me he was willing to do jail time to get his life back in order. That's how much it sucks to have outstanding stuff.

Instead we negotiated a fine (BTW it doesn't always work out that way). He is now finally sleeping soundly, and driving his kids to school without the black cloud. He got his driver's license back, he is as they say a "re-formed" man.

Do not ever let something (violations or misdemeanors) go on and on without resolution. The cost to you, your family, and your emotional well being is far beyond money.

Dr. Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic and Attorney at Law
Criminal Defense and Personal Injury
www.IthacaInjuryLawyer.com

607-229-5184

Ithaca Lawyer Captures Campbell, NY

2011-12-06T02:14:00.000-08:00

I get around. Today I'll be down in Broome County for an appearance on an AUO 3rd (Aggravated Unlicensed Operation) in Union Town Court. My client is an out-of-towner (Florida) who was just passing through upstate and who never took care (forgot about) of a old NYS speeding ticket from three years ago. Driving on a license (privilege) that "you know or should have reason to know" is suspended is a misdemeanor (a crime in New York).

On AUO's some Courts (Judges) allow me to appear on a client's behalf without them having to travel back up to New York. But last night I was out in Steuben County on an ADWI (Aggravated DWI). I made good time getting out there so I took some pictures, as I say, I captured Campbell.

The little Town of Campbell sits right off I-17/86. It's exit 41, and you can't miss it! Campbell is just alittle past Corning, NY. There is a Kraft Foods plant literally adjacent to the freeway. There are nice gas stations in both directions off the freeway here as well. This is a busy highway, lots of trucks use this road which cuts through the center of the state. Speed limit 65mph, except in work zones, 55mph or less (always check posted limits).

I'm a Kraft fan, wonder what they make at this one?

There is a State Trooper's Barracks, one exit up at EXIT 42 so watch out!

I-17 and I-86 are the same. 86 is probably more appropriate since it is an even number, and runs East to West.

Town Court in Campbell is on Monday nights, starts at around 5:00. Judge Douglas Horton is on the bench solo. The Court is punctual and organized. The other Judge (Judge Vernard Anderson) recently moved.

As Town Courthouses go, this is a nice one. Bright and airy, it has a 70's rustic feel to it. Perfect for the mountain setting. The Court staff are pleasant to work with as well.

Across the street from Town of Campbell Court is the Campbell Methodist Church.

Just a few blocks down from Court is this little country grocery. Don't see this in the big city.

Phone for Court: 607-527-8244

Fax for Court: 607-527-8218

The street and mailing address (are the same) 8529 Main Street, Campbell, NY 14821

The Value of Closure: The Real Costs of a Lawsuit/Dispute/Legal Action

2011-12-04T07:53:00.000-08:00

I have practiced law for over 13 years, and have represented people on a variety of matters. One common denominator most people fail to understand is that # 1 any legal action is a dispute. Hence the Vs. (Versus) in between on all the papers. These all begin as Lawsuits. There are "parties" that desire something and/or wish to take something away from you.

It is YOU vs. an insurance company and/or an insured (personal injury action). At stake: Money

It is the government (in NYS, called "the People" of the State of NY) vs. YOU (criminal action). At stake: Life and liberty.

It is a governmental agency (ie. DMV, Board of Education) vs. YOU (administrative action). At stake: A license (permission)

It is a spouse (husband or wife) vs. spouse (Divorce). At stake: Money, property, and children.

It is a neighbor vs. neighbor (property dispute). At stake: Money, property rights.

It is a company vs. YOU (collection action). At stake: Money to enforce a contract.

Conflict does not feel good, in fact it feels bad to most people to be in confrontational positions. All lawsuits are eventually resolved. Resolution usually occurs via compromise. A smaller percentage of lawsuits wind up in a Court of law. This is where a jury or Judge will decide the final outcome.

Trials (criminal and civil) are stressful and expensive. The cost of trial is not just financial. There is an emotional cost to dragging all your stuff out into public. Trials are generally public affairs. Everything you thought was sacrosanct (sacred / secret/ personal/ private) is revealed. Inflammatory accusations and mudslinging are the norm.

So what is the "value" of closure?

1. Relief from Uncertainty

In criminal actions, a fast (timely) resolution can be relieving because the uncertainty of trial (an uncertain outcome) is removed. Most criminal cases are resolved with plea agreements. In the Federal system about 97% of the cases are resolved with pleas. In the state system it is almost 90% plus.

In civil cases with personal injury actions, most claims are resolved pre-trial. Rarely are people happy about the outcome from an injury case. Who wants to trade a body part for money? Who wants to sell their health? Can we ever put a price on a life? Is your child worth a million dollars? Sometimes the best result are two unhappy parties that can accept a final result they can live with.

2. Relief from Emotional and Mental Stress

Night after night I may toss and turn worrying over a case. Worrying that something I might do or say may make the difference in someone's final case outcome. The emotional and mental burden of being involved in a lawsuit of any kind is immeasurable. Imagine now it is YOUR case, YOU are on trial, YOUR life and liberty or future are on the line. Having anything hanging over your head is not pleasant. The value of putting things behind you and moving forward with your life is beyond money. Going to sleep free and clear of a problem brings a sense of comfort.

Always consider the VALUE of closure.

The value of your time (months to years), and closure have to be considered when YOU are involved in any legal action. YOUR attorney should bring practical, level (balanced), and holistic (looking at everything) thinking which is devoid of emotional baggage to show the "value" of compromise. Holding onto unrealistic expectations (grounded in fantasy) can be a death sentence to those that choose to ignore the rational (reality based) thought of legal counsel.

Dr. Lawrence A. Newman, D.C., Esq.
Chiropractor and Attorney at Law
607-229-5184
Practicing Criminal Defense and Personal Injury Law

Hot News in Cold Times: Ithaca Lawyer Gets a New Roof

2011-12-03T06:37:00.000-08:00

My old house (home/office combo) downtown Ithaca at 504 North Aurora is getting a new roof. It had three layers of old shingles with little to no insulation beneath. This is a house built in 1889. The roof is at least 30 or 40 years old. So it was most definitely time.

Check this out, the tear down,,,

Big Dumpster full of old shingle and roof

The yard is a mess

We are using a great little company: Four Seasons Roofing. Aaron is my guy. I called several companies locally, and in Binghamton. Many never even returned my calls. Which makes me question, "Does anyone want to work?" He was the most straight forward, and direct. He showed up when he said he would, and has a great reputation. He and his guys walk on a steep angled roof like mine as if it was flat. Watching the guys work (they start in the dark at 630am) I was impressed with their work ethic. They definitely put in a "FULL" days work, no bs. They ate lunch on my porch, and went back to it.

Four Seasons Roofing: Roof Specialists
3203 Kellys Corners Road
Interlaken, NY

315-730-1584
888-615-5303

Looking Good with new shingles:

Located only three short blocks from Tompkins County Courthouse, this whole area of Fall Creek is absolutely lovely, and a throwback to simpler times. Old homes like this one are an investment in the future of Ithaca. As they say, "they don't make 'em like they used to."

Good for another 30 years, 2041 here we come.

Dr. Lawrence A. Newman, D.C., Esq.
Chiropractor and Lawyer
Criminal Defense and Injury Law

607-229-5184

Ithaca Lawyer: New Books for a New Year

2011-12-03T05:58:00.000-08:00

Well 2012 is right around the corner. I know this because it is getting cold here in Ithaca, NY. As much as I love this place the winters can be G-d awful cold. That whipping wind cold that goes deep into your bones and literally freezes your face. I had a friend visit me once in January (people gotta really like you to come to Ithaca in the winter or even at all) and I took him for a little city tour, half way through walking (about 20 minutes) he commented that I was crazy for living here. Then he said he was done being outside, too cold!!

But Winter is a great time in Ithaca to read. A time to re-group, and get new books. As much as I like digital media there are some books that do not come online (from Apple or Amazon). This is too bad because although I like the ease of my ipad, the new "Handling the DWI Case in New York" by Gerstenzang and Sills (the NYS DWI bible) is over 1600 pages and weighs in at,,, get this,,, almost 4 lbs. It is the sine quo non of all things NYS DWI. Pouring through it to note the new stuff (new cases, new interpretations of law) is fun and challenging.

My task this year is to again take what is complicated (NYS law, procedures, process), and disseminate to and for others. I believe we live in miraculous times. Computers, email, google, iphones, wow!! I am having fun. Incredible and magical. We all have the ability to share and communicate our experiences. As I tell my kids, use all your potential for these are truly magical times filled with opportunity.

Lawrence Newman, D.C., Esq.
Chiropractor and Lawyer
607-229-5184

The Mechanics of a TMJ Injury: The In-Direct Impact

2011-12-03T05:08:00.000-08:00

I have a variety of interests. One of them is how things "seemingly" unconnected work together. As a chiropractor and lawyer I believe in universal principles and laws. The master of all of these is the Law of cause and effect. You can't get one without the other.

INDIRECT vs. DIRECT TRAUMA

When people dispute how a jaw (the TMJ/temporo-mandibular joint) can get misaligned in an auto accident even though the face and head were never DIRECTLY traumatized I stop them. Everything within the body works together. The body is also dynamic, not static, re-building constantly. All the bio-mechanicals integrate: joints, muscles, tendons, ligaments, and nerves function as a whole.

The cervical spine articulates (moves) in harmony with the jaw. Forces that impact the head and neck (like a whiplash) can often travel into the TMJ. This is called an IN-DIRECT impact (trauma). So while people can easily understand a direct injury to an area, these indirect injuries may not be fully appreciated (recognized).

An acceleration-deceleration impact from a car accident affects ALL of the structures of the head and neck. The body attempts to deal with these sudden, abrupt, and jarring forces by spreading them throughout the entire bio-mechanical system. This principle of absorption allows the body to adapt, dissipate, and compensate by spreading the forces over many tissues simultaneously.

There are many instances of indirect impact causing major injury to other parts of the body.

Foot and Leg injuries impacting knees and hips.
Hand and arm injuries impacting shoulders.
Neck injuries can lead to lower back problems.

Never overlook the interconnectedness of the body. The source of problems is not always apparent at the area of complaint. As I liked to joke as a Chiropractor, "if you step on a dog's tail the bark comes out the other end."

Dr. Larry Newman, D.C., Esq.
Chiropractor and Lawyer
Practicing Criminal Defense and Injury Law
607-229-5184

Ithaca Lawyer: How does the TMJ Get Injured?

2011-12-02T02:43:00.000-08:00

The TMJ (temporo-mandibular joint) is often injured in car accidents. As a chiropractor I treated hundreds of people with both chronic and acute forms of this problem. As an attorney I urge people to get it checked after any crash. Left alone and without proper and immediate treatment a "misaligned" and damaged TMJ will progressively worsen.

Ithaca "You have Rights, Privileges, Not so Much."

2011-12-01T04:25:00.000-08:00

A NYS DWI arrest affects a number of things in your life. One of the things many of us take for granted is our ability to drive. People don't consider that driving is not a RIGHT but a PRIVILEGE.

DWI cases are where the world of criminal law (RIGHTS) often intersects and integrates with the civil world of PRIVILEGES. Privileges are things like licenses. A license in it's simplest terms is merely a permission. It is an allowance. You are allowed to do something. There are licenses to practice professions, and there are licenses to go on a person's land, and there are licenses to drive certain types of vehicles.

TAKEAWAY: The key thing to remember about all licenses is that they are more easily lost (ie. taken away) and suspended than a right.

WHY?

LICENSES are held to an administrative standard or burden of proof. It is a little higher than the preponderance of evidence standard of "more likely than not." Some call it "substantial" evidence. This is NOT the criminal burden (standard) of PROOF beyond a reasonable doubt.

THESE ARE YOUR PRIMARY DWI RIGHTS

The three pivotal rights in DWI cases are set in the 4th, 5th, and 6th amendments (The Bill of RIGHTS).

- 4th: Right to be free from "unreasonable" search and seizure.
TAKEAWAY: In DWI cases, you need Probable Cause for a stop, PC for an arrest.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

- 5th: Right to remain silent. In DWI cases you can't be forced to testify.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

- 6th: Right to trial.

In DWI cases, you are to have a
A RIGHT TO a speedy, public trial, with an impartial jury,
A RIGHT TO confront witnesses (the police officers, troopers, deputies), and
A RIGHT TO present evidence (toxicologists, doctors, breath test experts, eye witnesses).

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Understand the crucial differences between your rights and your privileges. Awareness of your protections and safeguards (under the Constitution), and what you may be "entitled" to with the DMV helps you to prepare.

Administrative license hearings may allow many of these things, like confrontation and presenting evidence, but IMO they are diluted and of course held to a different (lower) standard. Administrative (license) hearings allow Hearsay, allow the admission of reports (against you) without the ability to confront witnesses, and almost force you to testify to defend the case against you. You can not sit idle in these types of situations.

Larry Newman, Ithaca Lawyer, 607-229-5184
www.ithacadwi.com

The Ithaca Haimisher Lawyer

2011-11-15T12:41:00.000-08:00

I have found that as much as we all move or change we can never escape who and what we are. I have lived and worked in many places. Whether as a Chiropractor or a lawyer, or practicing in NJ, NY, PA, and Florida the essential, the core, and the identifier of how I practice goes back to my roots.

The Yiddish of my childhood was more than words. It was a philosophy. It was in the modern vernacular a paradigm for living. Being true to yourself, and your family name.

I was taught at an early age that out in the world I represented more than myself. I represented the Newman family. Even my Jewish name was loosely translated, Larry "son of" Albert (my father).

My father demanded respect. It was only one little word but to him it meant more than just two small sylables. It meant respect to and for self, to and for others, to and for the community, and above all else to and for
G-d.

My father longed that I should become in his mind a "mensch." A good human being. He led by demonstration. He would teach me to tip, to thank, to appreciate, to enjoy, to value, and most of all to be honorable. My word was to be important. My knowledge and ability to be used to assist others less fortunate. In his view this was the challenge of parenting. His children, his "kinder" were either going to be the gift or the curse he brought upon the world.

One of my favorite expressions was "Haimisher." I wanted not a house but a haimisher or haimishe home. One that felt soft, liveable, and smelled of good food. I was not raised with country clubs, golf, and tennis but with a corner deli and city streets.

To me a "Haimish" person is: down to earth, sincere, real, and authentic. Kinda like home cooking, apple pie, or a comfortable pair of shoes. I aspire to be the haimisher, or haimishe lawyer. One that gets knee to knee, speaks plain, and is real with people.

There is no BS in the haimish practice of any profession. There is no pretense. No stuffy titles, or lineage, or pedigrees. What there is a reciprocity and respect between the client/patient and the counselor.

What is a "Serious" Traffic Violation in New York? WHY Not all Violations are Created Equal.

2011-11-02T03:09:00.000-07:00

I am often asked to represent motorists who have been charged with traffic violations. Some of these violations are classified by the State of New York as "Serious" while others are not. The significance of this classification is that if you get convicted of only two of these "serious" violations within a three year time period, and hold a CDL (Commercial Driver's License) your license will be suspended for sixty days. If you are on probationary license (new license privilege or recently returned privilege) then any TWO moving violations will result in a 60 day suspension but any ONE serious offenses will get you suspended for 60 days.

The fact is much like the diversity of crimes violations are ranked from the moving to the non-moving, from high points and fines to no points and no fines, and finally from the serious to the not so serious. Judges and Prosecutors also have their own perspective (opinion) of what they consider to be serious.

Some Courts allow NO plea bargaining on specific offenses in their towns and villages. For example, The Town of Ithaca and the Town of Enfield by policy have NO plea bargaining on speeding in school zones. You have the option of trial in these Town Courts.

Some counties have NO plea bargaining as well. In Tioga County there is NO plea bargaining on the latest VTL 1144 A, failure to move over law. Again you have the option of having a trial. The District Attorney there believes that that offense has cost the lives of law enforcement, which it most certainly has, and future violators will not be offered reduced pleas. Knowing where you are, and what local policy allows or dictates is as they say PRICELESS.

For motorists with non-CDL licenses there are the following known serious traffic offenses:

VTL section 1212 Reckless Driving is classified as a serious violation, also speeding, tailgating, and unauthorized racing. Combinations of these including speed in a school or a work zone will get you suspended.

Larry Newman, D.C., J.D. Lawyer, retired Chiropractor, and author.
www.ithacadwi.com
607-229-5184

DWI Refusal Cases Can be the Better Gamble

2011-10-24T10:38:00.000-07:00

I just finished off three DWI refusal cases, as in got them reduced. Reductions BTW are a big deal, especially in criminal law. Many prosecutors do not like reducing charges from level to level. Getting a Felony reduced to a misdemeanor or a misdemeanor reduced to a violation is often the big win.

Now before you glorify me, G-d forbid, there are a great many cases that do not get reduced, there are many cases that I have lost. Nobody wins all their cases. Anyone who says they do is not telling you everything. I have had clients after trial who were found guilty as charged of two DWIs (the common law and the per se). It doesn't feel good, trust me.

But that said, I like the odds, the chances with the Refusal cases. Yeah, no breath, no blood, no measurement!! NO NUMBERS, NO BAC.

The unique opportunity with DWI refusal cases is the administrative refusal hearing. It allows for cross examination of the police officer concerning the legality of the stop and the arrest. It can be a great beginning to gathering the evidence (all the facts) necessary to defending the case against intoxicated driving.

The hearing is for four main areas legally:

DMV Refusal hearing:

VTL 1194 (2) (c) : the hearing is limited to the following issues:

1. did the police officer have reasonable grounds (PC) to believe that such person had been driving in violation of any subdivision of VTL 1192?

2. Did the police officer make a lawful arrest ?

3. was such person given sufficient warning, in clear and unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made.

4. did such person refuse to submit to such chemical test or any portion thereof?

Was the refusal persistent?

Imagine a DWI refusal case with a stop for an equipment violation, Now I'm getting really excited, Why you ask? Now we have a DWI case with no number, no BAC, and with get this... NO DRUNK DRIVING!

Gotta love it, a Drunk case with no drunk driving and no forensic evidence to prove blood alcohol. There are other things to consider but all things being equal, I like the odds better with these cases.

DWIs in the News or "Hey My Name is In the Paper"

2011-10-24T05:08:00.000-07:00

Practicing criminal law and especially DWI defense in Ithaca and the surrounding Finger Lakes has given me a wider perspective on humanity. It's interesting that wider land mass with less people can create a more narrowly focused community. It seems like in each little town and village everyone knows everyone and of course every one's business. As they say, "getting up in my biz."

Newspapers publish the names and addresses (sometimes even pictures) of those arrested of DWI. While someone from Brooklyn wouldn't care, those who live and work with their neighbors may suffer from the embarrassment and humiliation of being labeled a "bad" person. Sometimes clients ask me whether they should tell (anyone) their employer, their spouse, or their insurance company about their DWI.

This may come as a surprise to some but legally you are innocent UNLESS proven guilty but in the Court of public opinion you are guilty TILL proven innocent. Can you ever prove your innocence about anything? It is after all proving a negative, that you did not do something. Hard as it may be to accept, you can not "make" anyone like you or change their mind once they have formed an opinion.

It is sad to say that even if your charges are reduced or dismissed, or you are found not guilty people will talk. That's what happens in small towns. I say move on, let the past be buried. They say that Time heals all wounds and I believe that that is true.

You Have Rights? Just Not So Much if You Are a College Violator

2011-10-24T05:02:00.000-07:00

I practice in an area of numerous Colleges, Universities, and Schools of higher learning. Beautiful and now cold Ithaca, New York. Go 50 miles in any direction and you will hit pay dirt (lots of little private colleges).

Why do they put all these great schools so far from civilization? Is it the cheap real estate? Just saying...

Anyway, the Isolation sometimes breeds boredom. This Boredom leads to mischief which potentially leads to trouble. Trouble can be in one of two forms (there is a 3rd but I don't do relationship or mental counseling) criminal charges and/or administrative ones. Some schools like TC3 (Tompkins Community College) will suspend you (for a term) for a DWI. Some school police (campus po po) will sometimes file an administrative complaint against you rather than a criminal one.

Is this better?Is this worse? Well it's both.

1. The level of proof to demonstrate your guilt is higher on a criminal charge: Beyond a Reasonable Doubt
2. The level of proof to demonstrate your guilt is lower on a campus violation: Preponderance of the evidence (a little bit more likely than not, or 51% to 49% that it is true)

Sometimes it is better to have just a criminal charge, as in possession of marijuana. Then you get Full rights, an attorney, Court, Judge, etc. I once went in to defend my 6th grader, she was accused on putting holes in a cork board (yeah I know a cork board). There I was in front of four teachers and the principal. She was guilty until proven innocent. What BS! It was like the Salem Witch Trials. Apparently she was placing her pencil into prior holes (it was a cork board). I left them a piece of my mind and a short rendition of the constitution. They were unwilling to even consider the possibility that the teacher was mistaken.

Anyway, criminal charges (a violation) may be better than having to deal with an expensive and emotional draining suspension from school, IMO. Add it up: Dorm, Tuition, loss/waste of time and work. This is definitely not "Priceless."

Remember, Administrative Campus Violations have their own process:

First, an administrative judicial officer hearing. "One on One."
Second, if you would like an appeal to a full hearing, in front of a board. (multiple members)

You can present evidence (witnesses, letters, etc.) at these hearings. You can speak up for yourself, and your conduct.

BTW, at these hearings: NO Lawyers, NO lawyer letters, NO lawyer coaching (at least open and obvious) are allowed.

From the IC book (they are all very similar, I just happen to have their's handy)

The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited.

What to do? Generally, Do not give up. Defend yourself. Gather evidence. If not of your innocence (maybe you are guilty), then of your character, then of your past success (academically, personally, etc.), teachers/professors can witness to bolster you as an individual, they can also write letters on your behalf.
Take it upon yourself to "Read" your college's rule book on these hearings, fully understand their process/their procedures, and what they allow you.

BTW This is not to be construed as legal advice, every situation is different.

I believe you still have RIGHTS! Any time and any place in the USA. If you are accused of something.

I believe you must Confront your accusers. Confront the accusations. Bring everything into the clear light of day. There is too much to lose to just give up.

Ithaca Lawyer: Michael Jackson's Doctor is on Trial

2011-09-27T17:32:00.000-07:00

It's all over the news, it's been 2 years, and it's as fresh as yesterday. I am reminded that the King of Pop is dead, and now the doctor, Michael Jackson's personal physician is on trial for his death. I grew up with MJ, loved his music, and was inspired by his genius. Seeing another high profile trial brings the public to our system. Whether you like it or not, agree with it or not, this is how we "try" people.

Fact: Think about this, MJ's doctor was getting paid $150,000 a month, that works out to 1.8 million a year, what? To me that is incentive enough to want, to deeply desire, to work hard to keep this guy alive. Why would anyone, especially a guy getting paid 150k/month want to see his meal ticket disappear? It makes absolutely no sense to me, but I'm not on the jury, and probably will never be picked for a trial.

Do I believe that he should be found guilty of murder? Granted medical negligence, even recklessness, but murder?

My bottom line: I don't know if we should be holding people criminally liable for "enabling" an addict. Because then the family member that gives money for drugs or gets the drugs is soon to get lumped into that mess and charged. Yes, prosecutors love to charge people, quick to, easy to, and once the door is open watch out.

Charged for assisting suicide, slow suicide but suicide just the same. MJ was playing with fire, he had his issues, he hired this doctor to arrange his medicine. A fix coming from a supplier, a dealer would not get charged with the crime of murder but this doctor is. Just something to think on.

That is my take.

Canadian Drivers Speeding on I-17/86 Get a Break from the Metric System

2011-09-27T12:41:00.000-07:00

I love our Canadian neighbors. They visit us, we visit them, and Canada for the most part is a nice excursion for us upper state New Yorkers. I have gotten more calls this year from drivers from Ontario speeding through Steuben County. It is a magnet or more like a trap for the inattentive. The corridor of I-17/86 passes through some bucolic territory, rolling hills, beautiful trees, open roads, and New York State Troopers.

Not a good place to exceed the speed limit. People unknowingly going 20mph to 30mph over the posted limit. Worse NYS has a special agreement with Ontario and Quebec, we exchange point for point "generally",,,

But there is good news for Canadians, especially those from Ontario. The NYS lowest level speed speed violation, 0-9mph over, 3 points, has NO points in Canada. Why? 2 reasons

1. Canada is on the metric system. They (the optimistic NY schools) tried to teach me this when I was a kid, they were wishfully thinking it was going to come to America but we still use inches, yards, feet, and miles per hour.

2. Canada begins speed violations at 16 km/hr. Translation = 10 mph

see here, Canadian Ministry, kinda like our DMV:

http://www.mto.gov.on.ca/english/dandv/driver/demerit.shtml

So if we can get your speeding ticket reduced to a low level NYS 0-9 mph speed you are golden in Canada.

Lawrence Newman, Esq. 607-229-5184
http://www.ithacadwi.com/

Is it Forever? DWAI drugs and/or alcohol or DWI and Your New York Insurance Premiums

2011-09-08T13:56:00.000-07:00

Insurance law can be a dry affair. The burning question from my DWI clients:
Are my rates from a DWAI (drugs or drugs/alcohol) or DWI going to affect my insurance forever?

Legally NYS Insurance law section 2335 states that they can't raise/increase/charge your rates (based upon that conviction) if your DWI/DWAI was more than 3 years ago. This is based upon date/time of "conviction" not arrest.

Look at the law (highlights and blahs mine),,,

NO Insurer... blah blah blah... shall increase the policy premium (raise the rates) ...blah blah blah... of any person insured by them who ...

has been found guilty of a traffic infraction under any of the provisions of the vehicle and traffic law provided, however, that this provision shall not apply to a conviction for a violation which occurred during the thirty-six month period ending on the last day of the fourth month preceding the month of the effective date of the policy if such conviction consisted of:

-operating a motor vehicle while intoxicated or impaired by the consumption of alcohol
-operating a motor vehicle while impaired by the use of a drug, within the meaning of section one thousand one hundred ninety-two of the vehicle and traffic law (DWAI drugs)

So if an NYS insurance company wants to dredge up your past and it has been more than 3 years, break out a copy of Insurance Law § 2335 -- Motor vehicle liability insurance rates -- prohibition of surcharges for certain traffic infractions

New York State Speeding Tickets and Insurance Premiums

2011-09-08T13:38:00.000-07:00

Many people facing speeding tickets from a little town or village court have one question:

"What's going to happen to my insurance?"

New York State Insurance Law § 2335 can be complicated to read and understand.
It loosely states that an insurance company CANNOT raise your premiums if you have a traffic infraction

UNLESS it is one of the following situations:

1. speeding more than 15 miles per hour;
2. reckless or speeding resulting in a death;
3. 3 speeding tickets;
4. driving drunk (DWI) or impaired (DWAI);
5. leaving an accident w/o reporting it;
6. racing/speeding contests or running from the police;
7. 2 or more moving violations.

so the Interpretation, a ticket less than 15 miles an hour shouldn't trigger a rate increase.

But 10 MPH or more over will be a 4 point ticket, and a speed against your record though. Remember 11 points or 3 speeds within 18 months is an automatic NYS suspension of your driving privileges. So in my opinion better not to have a speed or something with less points.

Often a speed can be reduced (plead down) to a 1110 (a) Failure to Obey a Traffic Device. This shouldn't trigger a rate increase either, it will be a 2 point ticket. Of course depending upon the Court, the prosecutor, your past driving record, your specific situation, and the judge some tickets
will be more difficult or impossible to have reduced.

Is a New York State DWAI (driving while ability impaired) on my record Forever?

2011-09-08T03:52:00.000-07:00

As an attorney who publishes a lot of video, articles, etc I get my share of phone calls, texts, and emails. Put yourself out there, and I do, and you get asked questions. Sometimes I have answers, other times I need to find stuff out, and sometimes I'm SOL, I don't know and noone else does either. Frustrating as all that is I believe that people deserve, yes I said it deserve the truth. In the words of a great movie actor, "you can't handle the truth" is often so true because people want lies. They want to be lied to about outcomes, they want to be lied to about the things that hurt, the things that scare and concern them. Either they want to hide their heads in the sand or they look for some slick lawyer to tell them a bunch of BS. It is normal. It is human nature. What it is not is smart. Smart faces the truth head on. Smart deals with reality. Smart doesn't delude or water down "what is." Smart confronts "what is."

"What is" is that people make mistakes. They make mistakes all the time. This is neither good or bad. It is merely a fact of life.

So to the answer to the original question: A NYS DWAI (VTL 1192 (1)) is going to stay ON your record, the record of your NYS arrest, your NYS file, your NYS fingerprints, your NYS mugshots Forever! that's 4ever for those younger than me. It is only a violation but a violation that lingers. Even those most NYS violations get sealed (records destroyed), this one doesn't. It will be there after 30, 40, 50 years of your life.

Guess what, District Attorneys will bring it up, and seek to use if against you in the future if you get another DW (driving while) even if it is it from 30 or 40 years ago. "They" believe you are merely a drunk driver that hasn't been caught in 30 or 40 years. They will seek out jail, probation, and anything else they think you deserve as a "habitual" offender. They do not believe in live and let live, or redemption, or the passage of time, or that you should be given credit for your stable job, four kids, and paying your taxes over those 30 years. You want fair, you better move to another planet.

DWAI is merely a violation (a traffic violation) with no points but some states and Canada will still view it as a crime. States like Florida don't have a DWAI and see our violation/offense in the same light as their DUI.
Canada will not automatically allow you into their country after a NYS DWAI. They don't have one either, an offense like ability impaired.

My final thoughts:

It (a DWAI/DWI) will NOT prevent you from "being or doing" anything of any magnitude, doctor, lawyer, or congressman

Will some people/future employers see it as horrible and bad? yes, but they might also not like something else about you, legally they cannot use any violation or crime against you for employment but your breath, hair, attitude is all open game lol some people/judges even think "pot" is a bad/gateway drug, is it? everyone will have an opinion, don't they always!
Get "educated" both in and out of school about a great many things, life is a school, a DWAI/DWI is a lesson, ask me about the students I represent with MBAs, and Phds that are facing felonies, talk about hurdles, DWAI/DWI is merely a bump

Learn this:

"YOU" will always decide and direct your future not a mistake you had in judgment on one particular moment in time,

DO NOT ever let this or anything else ever stop you from pursuing your dreams
all the best

Larry Newman

One Lawyer's Perspective: The Value of Legal Knowledge

2011-09-07T03:59:00.000-07:00

People love to say that "knowledge is power." I will add to or condition that little phrase by stating that legal knowledge is merely potential power when applied at or in the right place, time, and circumstance. So let's look at those qualifiers, one at a time:

1. Timing is everything. Legally, timing is something often overlooked in the equation of problem solving. Opportunities are often missed because of poor timing. Too soon or too late can mean the difference between success and failure.

TOO SOON-If you rush in (make a statement, discuss the case with the Judge or prosecutor, file a motion) before gathering all the information, facts, and context you may leave out an important detail. I have been guilty on more than one occasion of "jumping the gun." Going into a problem, headstrong, without listening, without full disclosure, and without taking the time to know is the first error of the novice.

TOO LATE-That said, motions to challenge, motions to dismiss, motions to compel, and all other legal motions must follow deadlines. I have seen lawyers who were unable to raise issues because they waited too long. Most simply put, "You snooze, you lose."

2. Being at the right place. In real estate they say, location, location, location. Being in the right place really refers to knowing where you are and who you are dealing with. Depending upon your "forum," where you are located can dictate and/or delineate the limits of your box. In other words, what you can do or not do, say or not say. Different Courts, different judges, and different prosecutors all have their own philosophies, policies, and personal leanings. It is a scary and dangerous thing to go in someplace unfamiliar only to learn too late that one fact in particular will kill your case. I often have other out of state/out of county/out of the area lawyers call me and ask about a Court I go to frequently. No professional wants those kind of surprises.

3. Being in the right circumstance. You can't show up to Court on a day or night when they are only beginning cases, without an assistant District Attorney present, and expect to resolve your case (get an offer). Everyone has to follow that Court's procedures. Most Courts have specific days of the month where cases are discussed and negotiated.

Keep these things in mind before bringing, applying, and raising knowledge of the law. Using power (knowledge) at the right time, place, and circumstances can tilt the scales in your favor. Remember that overall, in or out of the Courts of law knowledge (infromation) will have greater value and greater weight when leveraged by following the above precepts.

Ithaca Cortland DWI Lawyer: When is a Day NOT 24 Hours?

2011-07-29T17:17:00.000-07:00

Today is my trick question day. People sometimes have to do some Jail time. This is differentiated from Prison time. Jail is the local county place, in Tompkins county you are in my mind, relatively safe, I like to joke tater tots and Monopoly, because that is what I smell and see when I visit.

The way the penal system works is you get to spend time with fellow prisoners/jailers in pods (small groups of inmates) in county jail unless you are real bad. Generally, the worse you (don't get along or play well with others) are the less time, and the less people you get to spend time with. The really bad people get solitary confinement (they get to be completely alone). Prison means going into the deep state system.

1. A day is not 24 hours when it is a jail/prison day. Even five minutes spent in the county lock up counts as ONE FULL DAY. Check into jail at 11:55pm, and you have one full day credit.

2. A jail sentence is usually 2/3 time. Meaning that 6 months is really 4 months. 30 days is really 20 days. Time spent on weekends from Friday evening to Sunday evening counts as 3 FULL DAYS even though you spent a small part of Friday and half of Sunday in Jail.

3. Lately I have seen more and more Judges giving short sentences of a weekend or two for first time DWI cases. It is still a small minority but it is an emerging trend. For people who violate their conditional discharges, and probationary sentences jail is inevitable. Understanding your options, and how much time you are really looking at is important. This is especially true if your sentence can be limited to only weekends. The advantage of weekend jail is maintaining (as in keeping) your job, and of course your family relationships.

4. Potentially, violations can bring up to 15 days in jail. Misdemeanors up to a year in jail. Felonies more than a year of jail, and usually mean Prison time at those longer terms of confinement.

If you have any questions about your New York State DWI, criminal, or drug case give me a call at 607-229-5184 or email me at newman.lawrence@gmail.com.

Ithaca, NY DWI Lawyer Plays The Can You "Prove" That Game

2011-07-14T10:23:00.000-07:00

In my typical week I stand in front of a great many Judges, Court Clerks, and Assistant District Attorneys. When I say this or that about this law or that statute I am often looked at quizzically (is that a word? of course it is after all I said so!.

But even if one week the Judge or Clerk or ADA says OK, you're right, the next week it's like the movie "Ground Hog Day." We start all over as if they forgot what happened in the prior week. Which has me bringing into the Court, law books, so they can see the actual numbers and pages to the law that I quote and want applied.

For instance, it is the "law" that if someone pays restitution for a crime that there is no mandatory state surcharge for the crime/violation. In the case of a DWI with an accident, if the tree or street sign or mail box that were broken or destroyed are replaced or repaired, there should be NO NYS SURCHARGES!

When I tell some Judges, Clerks, and ADAs this law they often balk at my request and insist that I am mistaken, that I am wrong, or don't you know about the DWI exception to this law? The What?

Anyway, I often have to pull out my books or my photocopied pages of the statutes to prove my point.
The New York State Vehicle and Traffic Law section on Penalties and Disposition of Fines and Forfeitures in VTL §1809 (6) states that, Notwithstanding any other provision of this section,
where a person has made restitution or reparation pursuant to section 60.27 of the penal law, such person shall not be required to pay a mandatory surcharge or crime victim assistance fee.

Furthermore, New York State Penal Law § 60.35 (6) states that Notwithstanding any other provision of this section, where a person has made restitution or reparation pursuant to section 60.27 of this article, such person shall not be required to pay a mandatory surcharge or a crime victim assistance fee.

Proof is usually in the pudding or in this case most certainly in the law.

New York State Troopers Small in Numbers but Huge in Impact

2011-07-13T07:43:00.000-07:00

New York State Troopers comprise a mere 6% of the total population of law enforcement throughout New York State. It is mind boggling when I reviewed the citation statistics for this small branch of New York's safety and protection team.

Troopers give over 900,000 tickets a year.
Troopers make 30% of all DWI arrests a year.
Troopers give 50% of all seat belt (restraint) violations.
Troopers issue almost 55% of all speeding tickets.

So the next time you are pulled over on a major Interstate, Highway, or Road by a Trooper think twice before trying to talk yourself out of it. Talking only incriminates (guilts) you further. My advice is to be polite, cooperative, and respectful. They will occasionally reduce your speeding ticket to a non-speeding ticket at roadside (this is a gift for your attitude). Non-speeds may not raise your car insurance, generally carry less points, and lower fines.

Move Over Law is Enforced in the Finger Lakes, VTL 1144

2011-07-13T07:27:00.000-07:00

There is a new law that is being strictly enforced throughout the Finger Lakes region of New York State, Steuben County (Towns of Avoca, Savona, Wayland, Bath, Cohocton), on 390, I-17, I-86 called the:

Ambrose-Searles 'Move Over Act'

Effective January 1, 2011

Protects law enforcement officers and emergency workers stopped along roadways while performing their duties.

Drivers must use due care when approaching an emergency vehicle that displays red and/or white emergency lighting.
- On all roads and highways, drivers must reduce speed;
- On Parkways and other controlled access highways with multiple lanes, drivers must move from the lane immediately adjacent to the emergency vehicle, unless traffic or other hazards exist to prevent doing so safely.

Penalties:

Violations of this law are punishable as a moving violation.

The charge brings Points (2), fines (range of $0 to $150), and a NYS surcharge ($85).

Under VTL (Vehicle and Traffic Law) 1144 (a) there is a failure to yield right of way to an emergency vehicle law already in effect which is a fine range of $0 to $275, 3 points, with an $85 surcharge.

You can contact me to discuss representation for these as well as other moving violations in Steuben County.

Avoca a Little Town In Steuben County with Lots of Speeding Tickets

2011-07-13T07:13:00.000-07:00

This month has been hot in the Finger Lakes, maybe it's the rain but it's been really humid. Speeding on 390 is almost a given as people make there way from SUNY Geneseo (a really high ranking state school), Buffalo, and Rochester down through the center of the state. It is beautiful country far and wide but it can get a little boring so hence the speed. City people from NYC and New Jersey are just used to going fast. It is a nice stretch of road and easy to go fast, sometimes too fast, I have had a record number of 90+ MPH ticket clients in June.

Quaint little Steuben county towns like Avoca, Bath, Wayland, Campbell, and Savona don't have a lot of big city excitement but there are farm stands, country diners, and plenty of farms.

Check out Mom's Savona Diner on Main Street, the Chat-A-Whyle (how clever is that?) in Bath has fresh soups and salads (they are only a few blocks from the County Courthouse), good Italian at the Union Block Cafe in Hammondsport, or the Fox's Pizza Den in Campbell, NY.

As for speeding, remember NEW NYS Move Over law on changing lanes is, if you see an emergency vehicle (police/trooper/ambulance/fire) YOU MUST MOVE OVER (change lanes), and remember You can't speed up to pass (it's still speeding), keeping up with traffic flow (it's still speeding) is not an excuse, Not knowing the law (ignorance) is not an excuse (or a legal defense) if you are from Massachusetts or New Jersey or Maryland or anyplace else.

How DWI & Violations Can Affect NYS Car Insurance

2011-07-11T12:41:00.000-07:00

Or You can run but you can’t hide...

Insurance companies are typically not notified or contacted following a drinking driving incident (DWI arrest) unless there is an accident or until a driver’s license is suspended or revoked (cancelled) by the NYS DMV. License suspensions for DWI in NYS typically do not begin until the arraignment (initial appearance) in Court, this is called a “suspension pending prosecution.”

If there is a drinking (drug) related accident it is likely that your car insurance company will do one of three things: drop you (no coverage), raise your rates substantially, or place you in a new category (undesirable/ high risk pool/ minimal coverage).

If it is a no accident DWI or DWAI: When and IF (the big if) your insurance company checks (runs) your driver’s license history (usually every one to three years) they will likely increase (substantially) your premiums or drop you as a customer at your next renewal date. I had one client (under 21) whose insurance went up to $7,500/year. BTW The boy’s father dropped him from his policy, and household not the insurance coverage.

Whenever an insurance company has a brand new customer looking to get car insurance, or an existing customer who requests a change (either up or down in coverage, or a new car, or a car exchange) in policy, the insurance company will typically run a new (recent) driving record check. NYS calls these driving “abstracts.” On the abstract are infractions, violations, DWI, suspensions, revocations, changes, PIRP (point insurance reduction programs), with the dates of the convictions/actions to your license. Currently you can get a copy of this at any DMV for $10.

Speeding tickets, reckless, accidents, and careless driving affect insurance premiums greatly. Company to company, the change may be an additional $300 to $700 more per year for three (yes, 3) or more years. They say, "Speed kills," but it also "costs."

NYS is a member of the Driver License Compact (45 states belong), and also connects and logs onto a National License Registry. If you change states (relocate) then the new state will likely get a full driver license history from NYS. So you can run but you can’t hide from your history. Some states require that you show an insurance carrier your drinking driver history, this is called a SR-22, and if anything happens to license (like a DWI suspension) the carrier is notified immediately about your suspension.

Even though NYS DWI and DWAI convictions do not have any points associated with them they have something referred to by the DMV as negative units. These will be on your unseen (the DMV has their own system) record, and will affect future car insurance premiums. It is especially important that you avoid any future additional moving/driving violations. If your insurance company raises your premiums, changes your coverage pool, or drops you, you should “shop around.” Insurance these days is a highly competitive industry, and many companies (without name brand recognition) would be happy to take your premiums even with a DWI on your record.

My Friend, and Compadre Lawyer Joe Villanueva

2011-07-06T10:48:00.000-07:00

I don't make too many endorsements for fear of future repercussions. Yes I hesitate at times to recommend anyone or anything, but I have known the lawyer, the father, the husband, and the friend Joe Villanueva for years now. He is straight with the people he represents, no BS. I like and respect that about him.

Joe practices in Westchester County (and the surrounding areas), and the "big" city, as in New York City. He and his firm do criminal defense, tickets, employment law, and litigation. As a former NYC prosecutor (I won't hold that against him, we all make mistakes) he knows his way around a Courtroom. He also has extensive civil litigation (that's trial) experience.

I feel confident placing him upon my blog. I call Joe for everything as they say North of the Macon Dixon line or in our case Far East of Ithaca, NY.

He has offices in the City and in Scarsdale.

And his smile is as big as his heart.

Phone: (800) 893-9645 

Fax: (914) 873-4827

700 White Plains Rd. Suite 237  

Scarsdale, New York 10583

Ithaca DWI Lawyer Larry Newman attends The National Criminal Defense College in Macon, GA

2011-06-06T14:55:00.000-07:00

http://www.ncdc.net/tpi/indhex.html

It is an honor and privilege that I was accepted this year to attend the National Criminal Defense College's two week summer trial intensive. They limit the session to 96 lawyers and it is all hands on trial work. Last week I was sent four case files with police reports, grand jury testimony, blood evidence, lab results, autopsies, etc. We are working on a murder case, a rape case, a bank robbery, and a . . . (I didn't read everything yet).

Anyway, I am excited to learn, to practice, they video us every day! and then critique us later... scary.

I hope to return to Ithaca, NY a better person and lawyer, I truly believe they are one and the same. One cannot separate professional life from private life. If I am to be the best advocate for my clients then I must improve continually from day to day and year to year.

Ithaca DWI Lawyer "All that Glitters May Not be Gold"

2011-06-05T13:07:00.000-07:00

That well known line probably comes from Shakespeare's Merchant of Venice, as in:

All that glisters (glitters) is not gold;Often have you heard that told:Many a man his life hath sold

To me it means don't always believe what you see or hear. Sometimes people don't want the truth, this is especially true in DWI cases.

Lawyers are not supposed to offer promises or guarantees of outcomes and yet many do that in an attempt at selling their services. I can sometimes offer "predictable ranges" based upon what is (the info/ the facts) in front of me but to tell people that something is certain is often impossible without all the discovery (police reports, documents, etc.).

Look at this piece of fruit I recently bought at Tops Market. It looks perfect. A perfect pear. Colors are very attractive, and it even has a fancy little label. When I cut it, it was mealy and horrible.

Fruit is always risky, even those pieces that look amazing. I always caution people to not buy into hype or those lawyers that offer guarantees.

Are Campus University Police Real Police?

2011-05-26T12:32:00.000-07:00

Ithaca Lawyer Appears in Ulysses/ Trumansburg Town Court

2011-05-26T11:18:00.000-07:00

Just up the road North of Ithaca on Route 96 is Trumansburg, more affectionately known as "T-Burg." Grassroots Festival (be careful driving or walking because of DWI and drugs, etc.), and lots of other Finger Lake events bring people from far and wide to this sleepy little town. Ulysses and T-Burg share the same Courthouse, right on Elm. Street, next to the Post Office. Plenty of parking in lots adjacent to and across from Court, unlike so many of the Courts I visit.

When I first came up here from the City this was always confusing. Confusing, because many Courts are not located in their Towns. For instance, Yates County/ Jerusalem Court is located in Branchport, so if you go to the Town of Jerusalem you're lost! Many towns are just not big enough to have a Courthouse so they share or they are located a town over. City Courts are in their cities but Town and Village Courts may be located anywhere.

Ulysses Court is in a small room, sometimes it's standing room only, and Mondays here are the "busy" Court night. I often go from here all the way back down to Ithaca, and then up on Route 13 to Dryden, which also has their busy Court night on Mondays as well. In the winter, depending on the weather it is not a fun Monday night. Court starts around 6 or 630 here, Dryden runs from 5pm till ? As I like to joke, 5 till done (much like the BBQs).

10 Elm Street, Trumansburg, NY

One Parking lot to the East of the Courthouse, and another
right across the street.

Both Judges move the Courts along briskly here, and I think the small room size actually helps to keep things focused. Another bonus here, walking distance to Gimme Coffee, Red Dragon Chinese Restaurant, and New York Pizza (which unfortunately is closed on Mondays, and doesn't serve Coke or Pepsi products). They sell some "foreign" soda which POs my wife.

Within driving distance is The Falls restaurant (kinda like a diner) which has excellent home cooked food. Rustic wood, Down to earth, and very good.

Phone: 607-387-5411
Fax: 607-387-5843

Email: toujust@twcny.rr.com

Justice Roger Rector holds court Tuesdays 9:30 AM
PTCs scheduled as per the Judge.

Justice Thomas Schlee holds Court Monday evenings at 6pm.

PTCs: Pretrial Conferences (where the Asst. District Attorney is present) are on the 1st Monday of each month at 6pm. These can also be status conferences to see if cases are moving towards a plea or a trial.
The ADA here is Dan Johnson.

Ithaca Lawyer: The Defense of New York "City" DWI vs. New York "State" D...

2011-05-25T16:54:00.000-07:00

Ithaca Cortland DWI Lawyer Challenges the Dirty Breath Test

2011-05-25T16:52:00.000-07:00

Ithaca Cortland DWI Lawyer The Effect of Stomach Alcohol on Breath Tests

2011-05-25T16:49:00.000-07:00

Ithaca Cortland DWI Lawyer The Effect of Stomach Alcohol on Breath Tests

2011-05-25T05:11:00.000-07:00

Ithaca Cortland Lawyer: The Effect of Mouth Contamination on DWI Breath ...

2011-05-25T05:09:00.000-07:00

Ithaca Cortland Lawyer Explains How DWI Breath Tests Work

2011-05-24T16:13:00.000-07:00

Ithaca Cortland Lawyer Can Body Temperature Affect Breath Test Results?

2011-05-24T16:12:00.000-07:00

Ithaca DWI Lawyer Examines The Breathalyzer/Datamaster/the Box/The Breath Test/ The Chemical Test

2011-05-22T11:55:00.000-07:00

Quite often I am confronted with a dilemma in my DWI cases, the question of how do I properly explain the breath test to a jury. Afterall, many people believe that this machine is accurate, is reliable, is accepted, and is the determiner of guilt or innocence in a DWI case. I have spent countless hours studying, analyzing, and dissecting this police tool of expedient-fast-cheap analysis of a person's breath.

The box spits out a number, a result, a reading and nothing more. I believe juries must look at all the evidence before they just buy the reading as a Truthful, Accurate, and Reliable number.

The Datamaster DMT (used by Upstate City, Town, and Village Police)

The issues:

1. This machine does not check blood. It measures breath alcohol. It is a better screener (qualifier) than assessor (quantifier). It indirectly takes a breath measurement, and then gives a blood alcohol number.

2. This machine operates at 34 celcius. People do not all possess a breath temperature of 93.2 F (34 celcius) because not everyone is 98.6 F (body temperature).

3. This machine only requires (by current state law and case law) yearly calibration.

4. The machine only takes ONE breath sample, ONE time. There is NO confirmation of testing. This is another expedient NYS standard. Scientific-forensic standards be damned. We would never accept (one test-one result) this from a blood test, an MRI, or an X-ray but in the world of NYS DWI ths is the standard.

5. This machine is allowed a 20% range of error by law. The simulator solution (standard of known alcohol measure) can be .01 BAC up or down (higher or lower).

6. Contamination is not only possible it is probable. The inside of the machine is never cleaned unless there is a break down. This machine has lenses, mirrors, and filters. Hundreds of people breath into this machine. How common is dust, dirt, mouth chew, smoke, and an assortment of other expectorated particles? How clean is your average police station? This is certainly not a lab environment with standards of hygiene. Forensically this is a nightmare. Consider that the machine works (operates) by passing light through a tube filled with breath. Whatever light is absorbed by alcohol in the breath determines the breath alcohol number. If other substances (crap in the tube) absorb the light you got a bigger BAC.

7. They "clean" the tube with an air blank before and/or after your test. Can you really clean a tube with an air blank?

8. The machine self checks. It basically checks itself. Can we really trust and place our faith in a computer that has no outside checks?

9. The machine allows errors, and still gives a reading. If insufficient sample comes up on the machine display the reading is still used. What insufficient sample really means is that the machine needs (requires) 1.1 liters of breath to give a read BUT will often read without that amount. Smaller sample means more concentrated alcohol. Think of it this way, two glasses of milk, one bigger, one smaller, same amount of chocolate, the one with less milk is darker chocolate milk, one with more milk is lighter chocolate milk.

Lower BAC with greater air volume, and higher BAC with lower air volume.

The problem with machine defense is this, global atacks on breath testing are not usually successful. Breath testing is here, it is accepted, and it is used nationally. In each and every DWI defense breath testing can be successfully contested (challenged) if that particular breath test, on that particular day, and with that particular individual has an issue (s). Breath testing may be cheap, inexpensive, and easy but it is my mind far from reliable in the majority of cases.

A Comparison: Practicing New York City DWI Defense to Upstate DWI Defense

2011-05-22T08:04:00.000-07:00

I just returned from Brooklyn, NY. I went to the First Annual MAN vs. Machine Seminar (What you need to understand the science of breath testing and the weapons you need to defeat it.) put on by The Legal Aid Society of the City of New York, and Steven Epstein, Esq. Steven is one of my co-authors on the new 2011 Strategies for Defending DWI Cases in New York published by West-Thomson books.

http://west.thomson.com/strategies-defending-dwi-cases-in-new-york-2011-leading-lawyers/180677/41015444/productdetail?

The conference was held at St. Francis College. I learned a great deal from some incredible defense attorneys, and an expert on breath testing. Peter Gerstenstang, who wrote the main NY DWI text (the NY bible of DWI defense) spoke on opening statements, and cross examination of the police. Peter practices all over the state but his main practice is based in Albany. He has trained the police in DWI investigation (he has played both sides).

Getting a flavor for the diversity of police procedures, investigation, and techniques around the state enhances a defense lawyer's creativity. I often run across State police (troopers), Sheriff's police (deputies), and town/village/city/univeristy police (cops) who have been trained in different locations. I think it is a great advantage to know about the different ways they investigate cases, and by getting into their law enforcement mindset it exposes weaknesses in their evidence.

So the following are the MAIN Differences between Brooklyn (Kings County), Queens (Queens County), da Bronx (Bronx County), Staten Island (Richmond County), and Manhattan (New York County) DWI Versus Upstate DWI (this includes ALL towns, cities, and villages, everything outside of these five boroughs, or what I like to refer to as the "civilized" world):

1. VIDEO: They use video in the five boroughs. There is a recording of the testing (all the testing, both breath and sobriety) back at the station. Although it is not usually back at a station but at the IDTU (Intoxicated Driver Testing Unit), and here you might have thought that you were innocent UNLESS proven guilty.

Do we (or they) assume everyone brought here is already intoxicated?
What about calling it the driver testing unit?

Anyway, any good City DWI defense lawyer is going to spend 4 hours or more watching (studying/analyzing/detailing) the video in any DWI arrest in the five boroughs, this is mandatory for the defense of the case. Video can override a jury mindset of guilt based strictly upon a machine reading and/or a police opinion. The defense must point out, in other words "highlight," everything that is or is not on that recording. As they say, "What you see is what you get."

2. JAIL: For one reason or another they like to keep people in jail for DWI in the city. I thought they would be overcrowded but as a matter of course, you may spend more time than you would care to in these jails. Upstate you are out in few hours, generally, unless you are a flight risk or caused major damage or are a hardened criminal.

3. SOBRIETY TESTING: The police in the city IMHO play fast and loose on testing. They don't follow the STANDARDIZED TESTS. They don't even bother with the HGN (Horizontal Gaze Nystagmus), which is standard both literally and figuratively outside of the city. A City DWI lawyer could hit this hard at a suppression hearing and trial. Why don't they follow the standardized protocols? They were "trained" in assessing people fairly, weren't they?

So those are the main differences, and defense wise Upstate I only get an occasional video on my cases. It is often only of the breath testing, and it does not even have audio.

Supreme Court of New York, located in Downtown Brooklyn. I love exploring and comparing Courthouses.

Check out Moses with the tablets at the main entrance. So biblical in a Ten commandments kinda way, who heard of separation of Church and State, lol. I love it!

Giving the law to the people. No DWI law at this point in time, no cars. BTW New York State enacted the first DWI law in 1910, and the first "implied consent" DWI law in 1953. You had to consent to a test (of blood, breath, or urine) if you drove in the state or else your license would be suspended for one year. NYS was also the first to lower the BAC from .15 in 1972. The BAC was set to .15 in 1938.

We are very progressive as a state in some areas, and not so much in others. 14 states (and counting) have medical marijuana, but NOT progressive, liberal NY?

I walked across the Brooklyn Bridge on this trip. I grew up in Brooklyn, and never "walked" the bridge until this past week. I had gone over by train, bus, and car... never by foot. A great experience.

Manhattan Courthouse. I love the words above the columns:

"The True Adminstration of Justice is the Firmest Pillar of Good Government"

All I can say is Amen to that!

Practicing DWI Defense in Elmira City Court, Chemung County New York

2011-05-22T06:58:00.000-07:00

Chemung county sits just a little South of Ithaca, NY, and it's a straight shot down Route 13 over hill and dale, so to speak. The great thing about going to Elmira besides the mall, and the wide assortment of restaurants (Ithaca has NO Olive Garden, NO TGIF, NO Red Lobster, NO Sam's Club, NO Macy's, etc. etc. etc) is the ease of Elmira City Court. They have two main Court rooms, and the pace here is brisk.
One of the Judges ran through an arraignment (initial appearance) so fast here once my head was spinning in comparison to the slower town courts.

Just last week I was here for a DWI PTC (Pre-Trial Conference), interestingly they keep you locked out from the Courtroom (one at a time here) for security reasons and there was no A/C running so it was hot. Apparently the A/C is set on a main timer, and it was not time for it to run. The Judge, the prosecutor, and I were sweating while discussing the case, it was comical, talk about cruel and unusual punishment.

Anyway, the beautiful old City Courthouse sits two blocks down from a DD (Dunkin Donuts), and a nice gas station so basic needs are easily met. There is usually plenty of on the street inexpensive meter parking. Just across the street, and a few blocks down is the Chemung County Courthouse as well.

                                               Beautiful Elmira City Court, I love this old building.

Elmira City Court Judges:

The Honorable Thomas E. Ramich and  the Honorable Steven W. Forrest

Located at:

317 E. Church Street
Elmira, NY 14901

The Corner of Lake Street and Church Street

Phone:     607-737-5681

ElmiraCityCourt@courts.state.ny.us

Chemung County Court. Just across the street and two blocks down from Elmira City Court.
Felony cases are processed here. Has a grand old Courtroom upstairs.

Located at:

224 Lake St

Elmira, NY 14901

Chemung County Judge: The Honorable Peter C. Buckley

County Court Judge & Surrogate, Chemung County
224 Lake Street, P.O. Box 588
Elmira, NY 14902

(607) 737-2940

Chemung County Judge: The Honorable James T. Hayden

Secretary: Greta Malone
Law Clerk: Louise Herzl-Betz

County Court Chambers

Justice Building
203-209 William St.
P. O. Box 588
Elmira, NY 14902-0588

607-737-2923
Fax 607-737-2913

Questions About The DWI Blood Test: Do you have to? How long does it take to get the results?

2011-05-13T14:25:00.000-07:00

Some of the DWI cases I handle don't involve the taking of a breath sample to check for alcohol (and/or drugs) but of blood. I guess the first question some people ask is "do I have to give my blood?"

In other words, "do I have to consent?" In an accident with injuries in New York State the Police can demand a blood sample but in many other situations it is your choice. Just like you can refuse a breath test, you can also refuse a blood test.

You have a legal right to say NO! Just like they can not invade your home, they (the government) can not invade your body without your permission. Now refusing has consequences, they will involve a civil fine, a hearing to revoke your license, and a longer period of time with NO license.

The worst part of any Refusal DWI case is the loss of complete license privileges. This may not be a big deal for city dwellers but for those that live and work in the country (around these parts it's all country) it is a real hardship. For those that need a license to drive "for" their jobs it can mean termination of employment.

Second Issue is that the Court can not suspend your license without a BAC result of .08 or more. In fact the police can not even charge you with the "Per Se" DWI (for blood or breath) without a test result. You will only be charged at the outset with Common Law DWI (VTL 1192 (3)).

Blood tests take time to process, sometimes 4 to 6 weeks. So your attorney should not allow them (the Court) to suspend your driving privileges prematurely. They need to have a certified test result to do that. Although the Judge could use a catch all suspension statute (if he thinks you are a danger to yourself or others). In all my years of practice I have only seen this happen once.

Blood testing is not perfect either. The taking of blood usually involves civilians (not the police), and they do not always follow proper protocols and procedures (which are numerous and specific). Sometimes a blood case is easier to defend than a breath case depending on the circumstances.

Well enough about blood for one blog.

Ithaca Cortland Lawyer Why Change DWI Hardship License to a NY Conditional

2011-05-04T08:56:00.000-07:00

Ithaca Cortland Lawyer The Three Types of DWI Innocence

2011-05-04T08:55:00.000-07:00

Ithaca Cortland Lawyer The Importance of Restitution in New York DWI Cases

2011-05-04T08:54:00.000-07:00

Ithaca Cortland New York Criminal Defense: It's Equity, Equity, Equity!

2011-05-01T12:01:00.000-07:00

You know how they say in real estate, "location, location, location?" Well in my mind sometimes I like to think "Equity, Equity, Equity" when it comes to criminal defense practice. I have cases where it just makes sense to bring up an equity argument and/or create an equity package. "Package" can include drug/alcohol evals & issues, financial issues, job issues, family issues, licenses, etc. Having and/or creating a tailored equity package is often crucial to your success.

So let's begin by discussing what equity is and what equity isn't. Equity is not well, "it's just not fair." Generally speaking the government (the prosecutor), the alleged charges, and the Court does not have to be fair (based upon your definition).

Equity is when a criminal or even non-criminal charge (because of it's nature) can affect certain people very differently because they come from different backgrounds, have professional licenses, and/or positions of employment/jobs where "the sentence" and/or plea to "that charge" would affect them dramatically different. NOTE: Some prosecutors have remarked to me, "equity smequity everyone is special," while others will openly entertain an equity argument.

Prime examples:

Violation Level Offense:

In a marijuana violation: The affect of a plea of guilty to this (non-criminal) charge could be the inability for SOME PEOPLE to be eligible for federal student loans and financial aid. This would not affect those not in college, not planning on attending college, and/or not receiving any federal aid.

Case example: Kid found with 4 oz. of pot btw thats alot of pot). I argue to the judge, and the prosecutor, with appropriate motions, and other proof that he is attending college, and receiving federal aid. Judge allows ACD (adjournment in contemplation of dismissal) motion, charges to be dismissed as long as he completes a substance abuse program, and one year with no new arrests.

Misdemeanor Level Offense:

In a DWI case: Someone with a professional license with a DWI conviction would be now facing an administrative professional license hearing, and the consequences resulting from that hearing because ANY criminal conviction in New York State would be considered an instance of professional misconduct.

Case example: Nurse found DWI. Equity package presented to the prosecutor. Judge allowed plea to reduced charge of DWAI (a traffic violation), no resulting "professional" license ramifications.

Case example: Military Sgt. facing a DWI offered a DWAI in full satisfaction based upon circumstances of deployment, drug/alcohol counseling, and prior service record.

Felony Level Offense:

In a DWI felony case: Felony convictions can sometimes cause termination of job, and destroy all future hopes of employment.

Case example: High ranking College professor with DWI felony. Equity package presented with other job information history offered a DWI misdemeanor in full satisfaction. The prosecutor offers, and Judge allows case to stay at the misdemeanor (local village) level.

Of course, these examples should be balanced by the others where the prosecutors and/or judges did not offer and/or allow reduced pleas to reduced charges. Every criminal case, situation, person, and circumstance is different. No one can promise and guarantee any result or outcome. No attorney can promise or guarantee a result.

I only promise one thing, that I will do my best to help those I represent and nothing more.

A Lawyer's View: Types of DWI "Innocence"

2011-05-01T06:31:00.000-07:00

This blog post was inspired from a magazine article I recently read in a Criminal Defense Lawyers piece on innocence. The author had stated that he believed there were six stages or types of innocence, ranging from absolutely didn't do it, to justified for doing it, to didn't do all of it, or some of it, or based upon the definition of "it" didn't do it. I in my DWI mindset believe that DWIs have three main types of innocence.

1. I drank alcohol/consumed drugs BUT I was neither impaired (affected to any extent) nor intoxicated (incapable of safe/normal/prudent driving);

2. I drank alcohol/consumed drugs BUT I was not intoxicated but merely impaired;

3. I drank alcohol/consumed drugs BUT the test results are not accurate/truthful based upon my known consumption and use.

THE REFUSAL CASE: In refusal cases, it is largely a matter of "degree" between the lines of impairment and intoxication, in other words to what degree do we have affects to a person, if any. Can these affects/behaviors be "solely" attributed to the use/abuse/consumption of drugs and/or alcohol?

THE "PER SE" CASE: Based upon a BAC (blood alcohol concentration) either direct from a blood sample or indirect from a breath sample is this number/result to be trusted/believed/relied upon? In the context of behavior/driving is it consistent?

So these are the things I think on when I question/challenge legal guilt or legal innocence.