Ithaca DWI Lawyer: DWI Probation By The Numbers

Some people who are arrested for a New York DWI are placed on community Probation Supervision. Whether an adult who commits a crime needs to be supervised is the real question? Some people who are convicted of DWI or a DWAI drugs absolutely need some form of monitoring post-sentencing. Now whether the monitoring is just having an IID (ignition interlock device) installed in their car or whether they need an overseer for rehabilitation and treatment for a drug/alcohol problem are two ends of the spectrum.

How does a county probation department make that determination for a DWI or DWAI drugs offense? Where does the decision for New York DWI probation truly begin?

Ithaca DWI Lawyer: Is a Transfer of Misdemeanor New York DWI Probation Possible?

For all my years practicing law I have never seen or heard of a New York State misdemeanor DWI case with probation being transferred to another state. I had seen plenty of felony DWI cases get transferred but never ever a misdemeanor level case till this year.

In 2017, we have had out first request by a probation department to transfer a DWI case out-of-state. When is misdemeanor DWI probation transfer a possibility? How does it work to transfer a New York State misdemeanor probation?

Ithaca DWI Lawyer: New York DWI Arrest, Criminal Charges, and Your Teaching Certification

NOTICE LETTER TO TEACHERS
FROM NEW YORK STATE DEPARTMENT OF EDUCATION

Teachers must beware following a DWI arrest or any criminal charges for that matter. There are always collateral affects from a DWI, and placing your certificate to teach in jeopardy is one of them.

What happens to a Teacher after an arrest in NYS?

Ithaca DWI Lawyer "As I Thinketh About Time"

I Love My Star Trek Shirt
Lawrence A. Newman

Today is the day of my birth and as always a real time to reflect. To reflect upon the year and the years that have passed. I am at that stage where knowing who I am and what I am about becomes ever clearer.

Personal versus Impersonal: Challenged by Youth and the New School

I recently went to a legal seminar where a young lawyer who is extremely successful (multiple businesses) challenged me and my practice. Not a bad man, or a stupid man, just one with an assembly line mentality. His thinking centered on the bottom line, delegating everything, being detached from those he serves, ala the four hour work week, and with hundreds of employees he is achieving what to most may be "The Dream."

But it would not be my dream. 

I am living my dream. I chose Ithaca, New York for that very reason. Having a legal practice where people pay me to help them personally, and with care means a lot to me. Their entrustment and belief is something I try not to take for granted. We have gained and lost much with technology. It is all too easy to lose ourselves and our humanity in the process. Is it all just a numbers game?

"Not everything that can be counted counts, 

and not everything that counts can be counted." 

                                                                                                                  - Albert Einstein

Time is not always what it seems , , ,

What's the # 1 Reason That Prosecutors Dismiss Criminal Cases?

"It's Elementary Dear Watson"

Sherlock Holmes

If I was Sherlock speaking on criminal cases, I would say to you, "It's Evidentiary Dear Friend."

Criminal Cases Live or Die, Rise or Fall Based on Evidence

For evidence is the main reason that cases get dismissed. Lack of evidence, weaknesses in the evidence, no evidence, and/or suppressed evidence. Criminal cases succeed or fail based upon the evidence. Can it (the evidence) get into a trial? Is it (the evidence) reliable? Is it (the evidence) accurate? Is it (the evidence) biased?

Defense Attorneys Challenge Evidence

Challenges can take the form of motions, hearings, and ultimately trials. Witnesses get confronted and cross examined under oath. If the prosecution's case can be weakened then a reduction of the charges or a dismissal of the charges can become a reality.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Why Do Women Get High BAC DWIs?

In my Ithaca DWI practice I represent the full gamut of people. Everyone from the college crowd of professors and students to local cooks and tourists on holiday. DWI is a very typical first offense misdemeanor for the large majority of people. Many people are amazed when the police tell them their BAC level. They wonder how their BAC (blood alcohol concentration) levels got to be so high.

The Differences Between Men and Women are more than Mental

Women and men are very different in number of ways. I can tell you after 25 years of marriage I'm still scratching my head most days trying to figure out what I did that was wrong? That is for another day, and perhaps another blog post but today I seek a clearer answer to the men DWI versus women DWI BAC level anomaly.

Men DWI vs. Women DWI

Women can drink the same as men but will experience a higher BAC level because:

1. Alcohol is Hydro-philic (it loves water) that is why alcohol mixes well with juice, water, and soda. It is also why alcohol goes to the brain, organs, and muscle tissues of the body. The areas highest in water concentration. Alcohol does not accumulate in fat tissue (oil).

2. Women have a higher body fat percentage is why their muscle mass is smaller (generally) than men. So what alcohol they do consume will have a smaller volume of water to mix with and therefore a higher BAC (blood alcohol concentration) level.

3. Drink for drink men average .02 BAC/drink and women .035 BAC/drink

Three Drinks for a man is still around .06 BAC (so impairment but not intoxication)

versus

Three Drinks for a woman is around .11 BAC (intoxicated)

Remember what a standardized drink is:

12 oz. beer at 5%
5 oz. wine at 12%
1.5 oz. 80 proof at 40%
12 oz. cooler at 5%

Many beers are over 5% +, and many wines are 14% +

New York VTL 1192 (2) (A) (A) Aggravated DWI

Pound for pound women will get drunker faster, and with a higher BAC just based upon gender. 

In my DWI practice I have had many aggravated DWI (.18 or more) women clients who only had 6 drinks, while a man at that many drinks still only be a .12 or less.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

When Can You Take the New York DMV DDP (Drinking Driver Program) ?

I was in court yesterday, and again was surprised by the comment of a seasoned judge. A seasoned judge is not one who likes paprika but one who has been on the bench for at least a couple of years.

When Can You Take the DDP?

The judge asked my client whether he had taken the DDP (drinking driver program) yet? He had gotten a drug/alcohol evaluation. It had come back with a DDP and VIP (victim impact panel) recommendation ie. NO treatment necessary. I had previously secured a plea deal (with the DA) to a reduction to DWAI (driving while ability impaired) contingent (conditioned) upon a number of factors. One of the factors being the evaluation (aka the assessment), and anything recommended by that certified OASAS evaluator.

But First, YOU Gotta Have a Trigger

New York state has what I like to call "triggering" events. Certain things (procedurally) have to happen before other things can happen. In other words, you can't put the cart before the horse.

Sometimes You have to follow an order of sorts
from rosscalloway.com

The trigger for the DDP is a DW conviction.

Any DW conviction under VTL 1192 (DWAI, DWI .08, DWI common law, aggravated DWI, DWAI drugs, DWAI drugs plus alcohol) will set into motion the necessary prerequisite to then go get two things:

- Post Revocation Conditional License
- DDP (drinking driver program) sign up

Any DW conviction is usually after sentencing. The conviction is then logged onto (or into) the main computer. It goes into the system, and then off to the Albany, DMV which then allows the next step:

Signing up for the DDP at any local DMV office around the state.

As a disclaimer, remember if you have multiple DWs, or have two DWs within 5 years, or are placed on probation, or ____ you may not be allowed to take the DDP. The above is the most common case for a first time DW conviction in NYS.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Lost in Translation: Problems with Not Understanding a Single Legal Word

Just last week I was at a hearing just with a judge, and a law enforcement officer. To explain his point the judge kept using the same word over and over. He used it on and on, but the officer's face was blank. The judge used it (the word) in about four different ways. But based on the officer's facial expression he really wasn't getting it. The judge kept changing everything except this one word he seemed to love.

Missing Just One Word = ?

Have you ever read something or heard something and you didn't know the meaning or the idea in back of just one word. Not knowing just one key word or term can make the rest of it appear meaningless.

The judge was attempting to educate the officer in his job. He was trying to get across what he did and said that was confusing to the person he arrested. The police officer was being told what he did that was wrong so he could correct it in the future.

I just sat back and listened after all I wasn't about to educate the officer in how to better arrest and give client's their rights. No way.

The WORD: What He Did Wrong and Why?

This was a NYS DMV License Refusal hearing. The judge was explaining that even though he properly read the refusal warnings he vitiated them. How did he vitiate them? He told my client that he may lose his license, that it may be lost for a period of time, and that the judge in criminal court may or may not give him a license. All of this vitiated the original warnings which state a definite loss of license suspension and revocation of one year if a chemical test of breath, blood, or urine is not taken.

The Word Vitiate came up again and again at this hearing. But the officer appeared to not get the full meaning of that one key word. Without that understanding he wasn't getting the lesson, wasn't really learning anything, and left the hearing more confused than when he arrived.

To Vitiate is to DESTROY OR IMPAIR THE LEGAL VALIDITY OF. He vitiated the DMV DWI REFUSAL warnings by giving the arrestee confusing information about his refusal to take a chemical test after they were given.

Suffice it to say we won that hearing, no loss of a license. Remember that words do have power and never be shy or embarrassed to ask, "hey what does that mean?"

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

What is Shock Probation (aka The Split Sentence) in New York State?

Sentencing is the finality in most criminal proceedings but it also means a new beginning. At sentencing we are to begin jail, or begin probation, or begin a combination of the two. In some criminal cases we can avoid both jail and probation (community supervision) with a final sentencing to a C.D. (conditional discharge).

The Two Big Questions

What are the terms of your sentencing?

Are they legal terms and conditions?

Illegal Sentences Can and Do Happen

Believe it or not, I have seen injustices over the years. People being sentenced wrongfully and illegally, and it does happen. We defense attorneys (like us or not) often stand as the watchdog at the gate. With almost 66% of the judges (town and village courts) at the misdemeanor level being non-lawyers the chances of a few mishaps is high. Mishaps with DMV paperwork is one thing, but mishaps with sentencing to jail is quite another.

Shock Probation aka The Split Sentence

Based upon the guidelines of New York State sentencing Shock Probation means a Split Sentence.

Some jail and then a term of Probation. With the new terms of probation being:
3, 4, or 5 years of probation for a felony conviction and 2 or 3 years of probation for a misdemeanor conviction.

A split on a Felony conviction can not exceed 6 months of local incarceration (county jail).
A split on a Misdemeanor conviction can not exceed 60 days of local incarceration (county jail).

BEWARE AS IN BE-AWARE: 

Any sentence exceeding these guidelines is an ILLEGAL SENTENCE.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Winning a DMV Refusal Hearing: Police Officer Must Match Papers

YOU Gotta love this! JUST SAY NO!
from dreamstime.com

Last week I had one of those days. Everything was going right, I was winning. Believe me as a DWI defense attorney I have my share (plenty) of losing or trying to lose gracefully days as well.

DMV Refusal Hearings from Steuben and Chemung County DWIs Go to Painted Post

My first stop was a NYS DMV refusal hearing at the Town of Erwin building which if you look at the google maps isn't really in Erwin but actually in Painted Post, NY. It is right down the road from the Painted Post Harley Davidson and the brand spanking new Hampton. This area is really booming.

The judge holds all the hearings in the same big room. It is nice because it is modern i.e. central heat and air, clean new bathrooms, and comfortable chairs. This is in contrast to the Cortland DMV refusal hearings which take place in a tiny old room of the Cortland County Courthouse with no ventilation (sweltering in summer and hotter in winter).

Some Attorneys Say Why Bother Going?

I get mad sometimes at my fellow lawyers who just give up or have given up on attending these DMV hearings. Why bother they quip? You're only going to lose. Really? Have you ever won? btw It does happen. Is it a big deal? I think so, your client loses their privileges to drive a car for ONE YEAR.

That to me is a BIG deal.

You can win a number of ways but as they say you gotta play to win. You can't win or more like you can never win if you don't show up. The default is a lose. But if you show up and are ready to go a number of things can happen:

1. The cops (police/trooper/deputy) may not show = you get your license back.
2. The cops show but are not prepared = you may win or lose.
3. Some of the cops show but not all the cops show = you may win big time.

I recently had choose number three happen, and it has happened more than once. This was a hearing that was re-scheduled a number of times. The judge had allowed it and after all he is the judge. So this hearing the deputy finally shows, and I finally have ALL the paperwork. Turns out the Deputy that read the DWI Refusal Warnings, and signed the paper stating they gave them was NOT here.
The STOP cop was here but NOT the BTO (breath test operator) who gave the warnings.

Violation ONE: My Client's Right to CONFRONTATION (6th Amendment to the Constitution)

My client has a right to face his accusers. To face all the police, especially the ones accusing him of this infraction. To be able to cross exam them as to what they did and said to him.

Violation TWO: My Client's Right to NOTICE of Penalties for Refusing a Chemical Test

To face those saying that he had NOTICE OR was given proper, clear, and understandable NOTICE. That he knew the consequences of his refusing the chemical test.

This was a DWI case that on it's face was HORRIBLE.

Car half on the road and off the road;
My client was in a daze, barely awake, maybe even unconscious;
When the cop awoke him he gave the cop the finger;
and if you can imagine it just got worse from there,,, BUT

He still got a DWAI (driving while ability impaired), and we still won the Refusal Hearing, so no final license revocation. Many hearings, over a year But success never the less.

My disclaimer: I do not win all my cases, no attorney wins all their cases. We do our best with the cards we are dealt or as in DWI cases the facts as they are. I will say that in most cases showing up is an advantage. In some situations waiving (giving up) the DMV hearing is in your best interests. Everything must be analyzed, evaluated, and weighed on a case by case basis.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

How to Deal with Ithaca DWI Fears and Concerns?

FEAR is head stuff 
from bcmlife.net

My life history was one loaded with fears. As my mom said, "you were even afraid of your own shadow."

Growing up a buck toothed, curly haired, short, poor, uncoordinated, and husky child in Brooklyn I dreamed of being the star quarterback, or the blonde blue eyed, tall, rich kid. Adding to this mess my dad died the day after my 17th birthday, can't anyone get a break?

What stories are you telling yourself?
from dancingwithhappiness.com

MY FEARS: I was afraid I would never amount to much;
I was afraid I would always be wanting but never having;
I was afraid I would never meet that special someone I could share a life with,
fear, fear, and still more fear.

During my school days I would drift off, there but not there. I was that daydreamer the teacher yelled at. Dreaming of better things.

Living with fear and anxiety is a daily struggle for a great many people. I'm not here today to tell you I got it all solved or I have all the answers but I will tell you this, I have studied, learned, seminared, read, and worked on myself over the last thirty + years. I believe if I can do it then You can better yourself, you can succeed, and you can choose to deal with things in a healthier way.

FEAR as Motivator

Some attorneys as well as other professionals (clergy, teachers) use fear as motivator. They scare people into hiring them, and accepting their stories of your predicted future.

They tell people, "If you don't hire me you are in for even more pain." What a great way to deal with people? What a recipe: Take people who are already afraid and add kerosene to the fire.

I do not choose to play that game. If anything I look to turn down the volume and bring some certainty even to those who do not hire me.

Do I do this because I am a good guy? No.

MY PHILOSOPHY = HOW I CHOOSE TO LIVE LIFE AND PRACTICE LIVING

I do this because I believe if I put out crap I get CRAP back, it's very simple.

It's a big universe, and I do not want to throw out any horrible boomerangs. Maybe I'm wrong but I believe in the totality of all of it we are compensated. I have seen so much over the course of my life. I feel lucky because I now see that every problem I have ever had was a gift. I am who I am and what I am because of my failures, my faults, and my voids. In fact MY FEARS and my overcoming them with courage. Not eliminating them but facing them, as should you.

Fear, the False Idol (that some make into a G-D)

Fear can be defined as false evidence appearing real.  We can exaggerate or minimize anything. In our minds we choose how we see things or view them. Life is more perspective than anything else. If we choose to see something as devastating, then it is. OR we choose to see it as a bump or a challenge, it is all a choice. Our own personal heaven or hell is usually of our own making.

What is true Responsibility?

RESPONSE - Ability is our ability to respond to things in a healthy way. I can choose to respond with anger or with activity.

DWI Arrest Fear:

The truth is that if you are arrested for anything (including DWI) it is stressful because of what you don't know. You are in the dark to a large extent. So many questions without answers is not a great place to be.

Will you go to jail? Will you be placed on supervision? Will you have to do a drug program?
Will you lose your license (privilege) to drive? Will you lose your job? Will you never get a job?
Loss, loss, and more thoughts of loss. Questions without immediate answers can be troubling.

Criminal charges mean you are accused of doing something wrong. Something against the rules (laws) of a particular state. It is kinda like the TV show Survivor in which the tribe has spoken and you are now banished. Some first feel guilty, then anger, then denial, then bargaining, then acceptance, running over and over through the cycles. I wrote (see blog) about this years ago.

http://ithacadwi.blogspot.com/2009/04/how-to-deal-with-grief-of-dwi.html

I likened it to the Cycles of Loss one experiences after any bad news, from Cancer to Death to Divorce to an Injury.

First, YOU MUST Break the Cycle. 

1. Determine (decide) this is NOT the end it is a NEW beginning.

If you think this event is one sided (all bad) you are doomed from the start. This idea you have of all bad and no good will literally bury you. One of the healthiest beliefs I have ever adopted is that everything has TWO SIDES. All are blessings and curses. You can believe in fantasies all day long. This is the reality, take a good look at the lives of the majority of lottery winners, hollywood stars, and A-listers and realize it ain't all a bed of roses. Money, fame, and success bring with them a host of other issues. Sudden and meteoric rises have fast and furious falls. You will balance yourself or life will most certainly balance you. Staying humble and grateful for everything is not easy. Life is a great series of challenges. Life is a school so Learn from all of it.

How do you do this? I think best by writing stuff down. Write out "how" this life challenge could help you. Yes, an arrest or for that matter any contact with the legal system can help balance you out. Life is all about equilibration. If you are not balancing things out, a sickness/illness, a divorce/breakup, a legal problem, or a financial issue will come into play and force you to stop and make a change.

In my Chiropractic practice I saw many people who were burnt out, ie. those working too hard, too long, and with crazy hours. Weakened (stressed) bodies and minds get sick. They were soon flat on their backs (literally and figuratively). They found that getting sick made them rest and reflect.
Be proactive. Taking action on your situation gives empowerment.

I have seen relationships come together after a DWI arrest and also quickly break up after a DWI.
I have seen people get ultimatums from family and friends after a DWI.
I have seen people totally change friends, lifestyle, jobs, careers, and school after a DWI.

NONE of this is good or bad. Get it, it just is. Life is change.
What a legal issue does is catalyze change. It Forces you to make a change (s). Sometimes until this "bad" event you are just in a low level of misery. Or you are just going day to day lying to yourself. How many of us live day to day with maybe one day or someday I'll do x? Or it's not so bad, just another couple of years?

You want to know who your friends are? Go through something bad, everyone wants to be around you when things are smooth, when you make a mistake, who is still there? What a legal issue also does is clarify. It gets rid of all the BS. Who loves you? Can you even love yourself with all your mistakes or problems? Because if you can then you are a healthier person than those who can not.

Second, Move!

2. BE pro-active. Sitting on your ass is not the answer unless you have been standing for awhile. Get a plan or make a plan. I give my clients plans, and then things to do. Taking action is a cure for most ills. We are designed to move and be dynamic. Stagnant pools of water breed disease. Inactivity is usually a bad response to most things.

Activity may involve getting paperwork together. It may involve dealing with a license, the DMV, a car, or a job. It may involve preparing for a change. There is nothing like being prepared to meet a challenge head on. Having the right paperwork at the right time is priceless. It just feels good to be and feel ready.

FINAL CHOICES

If you do not agree with any of this I respect your right to have another opinion. You are entitled to hold onto to your beliefs until your dying day. Many (in fact the majority) live with beliefs that do not serve them, or anyone around them. Sometimes being right is more satisfying to people than being healthy and fully functioning. In my mind success is not a thing or a place or a position, success is really a mindset.


Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Ithaca Lawyer Discusses Ithaca College, and Cornell University: Criminal Charges and Administrative Hearings

Being JA'd in addition to your pending criminal charges

Sometimes as part of my representation of IC (Ithaca College) and Cornell students they will request my attending their administrative hearings. Violations on campus and usually many of the dorms/apartments are part and parcel of campus property will often result in a separate college board hearing/review to determine what consequences/punishments/reprimands/suspensions/expulsion the student may face for their criminal charges.

REMEMBER: Even many off campus infractions can and will result in your being JA'd by the police or a concerned party.


The Cornell University Judicial Administration department is more apt to want to deal with local lawyers in their process. I have found them inviting and seeking input as to what is going on at the "criminal" end of things with their students.

The Ithaca College Judicial Administration is not like Cornell as to local lawyers.


Under the IC policy ANY attorney involvement in these is forbidden. This is a "one on one" meeting.

See highlighted code under (5.) below:

7.1.2.4 Administrative Hearing Process [IV]

As amended by the Ithaca College Board of Trustees April 14, 2000, October 13, 2006, and May 17, 2009.

When a nonacademic incident occurs involving an Ithaca College student's alleged violation of any rule or regulation outlined in the "Statement of Responsibilities," policies provided in section 7.1.2.3 or in the residential life rules and regulations, the matter will be handled according to the following procedures unless the incident occurs at the end of an academic year and involves a graduating senior. For an incident involving a graduating senior, the College shall be permitted to modify the steps in the hearing procedure to allow for resolution of the matter prior to commencement:

1.	The incident is documented.
2.	The documentation is then forwarded to the director of judicial affairs or other appropriate administrative hearing officer, who will determine if the student will be charged for the alleged violation(s) of the student conduct code.
3.	When a student is charged, the student will be notified in writing by the director of judicial affairs or other appropriate administrative hearing officer. This written notice will include the section(s) of the residential life rules and regulations and/or the student conduct code allegedly violated; a brief description of the incident; the date, time, and location of occurrence, if available; and an appointed time to meet with the designated hearing officer. The letter will include instructions for rescheduling the meeting should the student have a conflict with the scheduled time. The letter will include a statement indicating that if the student fails to appear for the meeting, that student waives the student's right to this administrative hearing process and a decision regarding responsibility and sanction will be assessed based on the available evidence. This judicial charge notice must be received by the student at least 72 hoursbefore an administrative hearing is convened to consider the matter.
4.	Students who fail to appear at the appointed time or fail to reschedule prior to the time of the original appointment waive their right to a hearing and may be assessed an appropriate sanction by the judicial hearing officer if responsibility is determined based on the evidence available.
5.	The administrative hearing is a one on one meeting between the student and the judicial hearing officer. The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited. In the administrative hearing with the judicial hearing officer, the administrative procedures and charges will be explained, documentation and evidence will be reviewed, and the student will be provided the opportunity to have all pertinent questions answered. At the hearing the student and the judicial hearing officer will discuss the relevant information from the incident as well as any other information that the student or the judicial hearing officer deems appropriate.
6.	This hearing will result in one of the following possible outcomes:
	The hearing officer may dismiss the charge(s). The student may accept responsibility for the violation or may be found responsible by the hearing officer based on a preponderance of the evidence. A sanction (see section 7.1.2.8) will be verbally indicated by the hearing officer within 24 hours of the hearing, with written notification to follow within ten (10) College business days. In the event that a judicial hearing officer determines that additional information or further investigation is required in order to reach a decision, the outcome of the hearing will be delayed pending this investigation. The judicial hearing officer will follow up with the student to arrange any additional needed meeting(s) and/or to apprise the student of the investigations in progress. The process will conclude with a final decision regarding the hearing.
7.	The student who has been charged under the student conduct code may at the conclusion of the administrative hearing process choose to accept the decision/sanction or choose to have the case heard before the conduct review board. (See section 7.1.2.5.) If a case involves a graduating senior, the decision of the judicial hearing officer is final unless the decision/sanction involves withholding of a transcript or diploma, suspension, or expulsion. A decision/sanction involving withholding of a transcript or diploma, suspension, or expulsion may be appealed to the vice president for student affairs and campus life or designee.
8.	In cases of Sexual Misconduct or Domestic Violence the following additional procedures will be incorporated in the administrative hearing process: a. The primary witness and accused student will have the right to select an adviser from a specially trained pool of students, faculty and staff trained in the areas of domestic violence and sexual misconduct. The special adviser will help guide the primary witness/accused student through the judicial process., b. The administrative hearing will be conducted by both a male and female hearing officer. c. The primary witness will be given the opportunity to meet with the hearing officers to provide information about the case prior to the hearing. If a primary witness elects NOT to attend this meeting, the alternative options are handwritten, audio taped, or video- taped statements submitted 24 hours in advance of the hearing.

The student may also choose to have a conduct review board hear the student's case if the student has been charged under the residential life rules and regulations and the hearing officer has imposed a sanction of residence hall reassignment, residence hall restriction, and/or termination of the student's housing contract. No other sanctions imposed by a hearing officer regarding the residential life rules and regulations carry with them the option of a conduct review board hearing.

A written request for a conduct review board hearing must be received by the director of judicial affairs within 72 hours of the written notification of the sanction(s) from the administrative hearing.

In the event that a student is eligible to have the student's case heard before a conduct review board and chooses to do so, the decision rendered in the administrative hearing becomes null and void, and the student continues without sanction until the conduct review board hearing process is completed.

Takeaway:

So I think it best to talk to an attorney before your administrative proceeding. This is for a number of reasons: to discuss the impact of the criminal proceeding, and how it's outcome may be followed by resolving academic issues later on. 

Sometimes it also helps to let the College know you are accepting responsibility for your conduct, and being proactive about getting help. These things can go a long way to assist your long term college goals.

 Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.

The DMV has Pickles, Pockles, and Hardship: The Five Phases of DWI Licenses

The Five Phases of DWI Licensure

I really wasn't sure what to call this blog post. I originally started with: A Tale of Three: The Hardship, the Pickle, and the Pockle, it all began when I saw that people applying to Ivy League schools (like Cornell) sometimes got another type of bad news called a DWI.

In that case the DWI stands for Denied Admission Without Interview, should really be DAWI. I learned that from living and practicing in Ithaca, NY.

We live in worlds of acronyms, my world has it's own language. The world of New York DWI defense. Some states have OWI (operating while intoxicated), OUI (operating under the influence), or DUI (driving under the influence). BTW all under the influence types of offenses are very similar but NOT the same. How about a little alcohol to a lot of alcohol? In my opinion, understanding the process and the acronyms is only half the battle but feeling more comfortable with the language is a start in the right direction.

In my mind there are too many confusing acronyms. I will seek to shed some much needed light upon the Hardship (Hardship License or Hardship Privilege),
the Pickle (Pre Conviction Conditional License), and
the Pockle (Post Conviction Conditional License).

The first license issue begins at the arraignment also called the initial appearance. This will usually occur twice. You will be arraigned without counsel, and then at a later date with your attorney present. You will be apprised of the charges being brought against you by the prosecution, and you will need to enter a plea.

This is also the point in time where the license or privilege holder loses their permission to drive in New York State. Called the suspension pending prosecution. The suspension pending prosecution occurs one of two ways: if you had a BAC of .08 or higher or you refused to take the Chemical Test. If the person charged with a DWI is a New York State license holder then their license is physically taken from them. If the person is from another country or state (referred to as a foreign license holder) then their license is photocopied, and their privilege to drive within the State of New York is suspended. From this point forward any permission to drive within the state will come with specific conditions. Please note that if you refused to test you will not be granted any conditional privileges to drive in NYS without a plea or a conviction to one of the drinking related charges. If you were acquitted of all DWI charges your refusal would still stand to block any hopes of a conditional license privilege for one year barring your demonstration at a DMV refusal hearing that the refusal warnings were not properly given.

A hardship license hearing can be requested at the initial appearance, and must occur within 72 hours (3 days) of the initial appearance with counsel. Most Courts have a hardship hearing at the arraignment if counsel is prepared with the necessary proof at that time.

The hardship privilege license is for three primary activities: driving to and from work, driving to and from school, and driving to and from medical care. In actuality, it is also extended by some Judges for three additional areas: your childcare situation, your children’s education, and your children’s medical needs. For instance, some Judges will allow pick up and exchange of children for purposes of spousal employment. This is very often a necessity where almost fifty percent of parents are either living separate households. On the other hand, some Judges will be very restrictive in allowing any driving privilege outside of the three primary activities. Proof must be provided to the Court to evidence the transportation needs being sought. These needs must demonstrate to the Court that there is “no reasonable alternative means of transportation available.”

Under the law, the hardship license (all licenses are permissions) is clearly for “to and from” work not “for” work. For instance, if someone’s job requires delivering products and/or services to different people or places this license would not cover those job duties. The DMV makes a clear distinction and exception for one thing: job sites. If you travel to do work at different sites then that is an acceptable use of the hardship license.

The hardship license is granted by the Court at the time of arraignment, and is usually considered a bridge to the Pre Conviction Conditional License. The suspension of your New York State license or privilege will be reported to the main office of the DMV in Albany. It will take about two weeks for Albany to process this suspension. Approximately two weeks after your suspension you can make application for a PCCL (pickle) at the local DMV. It is granted to New York State license holders, and out of state license holders that can show a clean record in their own states. It is suggested to all out of state license holders at the first possible moment after your DWI arrest to obtain a copy of your out of state driving record.

The PCCL is much the same as the Hardship license, except the Pickle allows driving not merely “to and from” work but “in the course of employment.” The distinction in wording is huge. Now the PCCL holder may drive “for” work. In addition, with a PCCL you can select a three hour period of discretionary driving privileges per week.

The last in our series of conditional licenses is the Post Conviction Conditional License or Pockle. After your case is resolved by plea or by trial you now return to the DMV, and apply for the DDP. The DDP is the Drinking Driver Program. The completion of the DDP is usually a condition of the Court for DWAI, DWI, and ADWI convictions or pleas. With the DDP comes the POCCL. You will not get a POCCL without attendance at the DDP. It allows for all that was permitted by the PCCL plus the ability to drive to and from the DDP classes, and any associated drug/alcohol treatment. As always there is more to say and tell and explain, you are free to contact me for further information or enlightenment.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 550 blog posts, dozens of articles, and over 520 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184