Ithaca DWI Lawyer: How Do Police Prove It Was Your Car Speeding on Radar?

Our Upstate New York law practice puts out lots of videos and blog posts about the defense of tickets and DWI. I think understand the legal process and how things work practically helps people make "informed" decisions. Because of that we get lots of questions concerning speeding ticket defense.

A recent inquiry went like this, Hi, my name is Ryan.

I saw your video called "How Do Police Prove You Guilty of a New York Speeding Ticket?"

It is a great video that helped me better understand the laws, good job!

However, I am curious about something.

When an officer uses a radar gun to determine your speed, how do they prove that they were measuring your vehicle's speed and not of another nearby? (emphasis mine)

Ithaca DWI Lawyer: Demons, Hellcats, and Speeding Tickets

0 to 60 mph in 2.3 seconds!!
from autoblog.com

I'm a car guy from way back and these days the cars are absolutely amazing. Ford, Chevy, Audi, Porsche, and the rest are in a HP (horsepower) competition. One after the other keeps upping the ante.
We now have the 707 HP (Hellcat) and 840 HP (Demon) cars, with 300 HP cars becoming the norm in mom and pop motoring. My 2004 Honda mini van had a 240 HP V6.

Are all these super horsepower cars causing more speeding tickets?

Ithaca DWI Lawyer: Are Modern Cars Causing More DWIs?

Idiot Lights on a Dash, Throwing Codes Sucks!
Thank you BMW

I am a car enthusiast, always have been and always will be. Maybe that's one of the reasons I love defending drivers of everything from speeding to DWI. People who love cars and who love to drive get into trouble at times. Doug DeMuro is a auto journalist, and writes a column for Autotrader. He recently wrote about a phenomenon where many people are driving at night without using their head lights. I have seen an uptick of people being stopped for this offense in our practice.



How does driving without your lights lead to increased DWI arrests? 

Is driving without your lights a crime in New York State?

Ithaca DWI Lawyer: The Triad of Fatality: Speed, Drugs, and Distraction

A recent NHTSA (National Highway Traffic Safety Administration) statistic highlighted a huge rise in the number of fatalities on our roads today. In the past two years deaths are up 14%. That is huge increase, and you would think in this day of modern smart-cars (much like smart phones) with anti-lock breaks, automatic breaking, lane departure warnings, heads up displays, and traction anti-skid/anti-slip control, all wheel drive, symmetrical steering, now I'm just making stuff up, but anyway why?

Why do we have such an increase across the board in road accidents and deaths?

Ithaca Lawyer Is Your Driving Record really Good, Bad, or is it Ugly?

People are funny. They call me about a speeding ticket or a moving violation. I often ask them, so how's your driving history (record) ? and they always say, "oh it's good." Is it really?

The Objective vs. the Subjective

Remember everything is relative. The range of Good to Ugly = A relationship between your age, your time as a driver (having a license), and what you have done or not done (violations).

Why is it Always TWO?

Just like almost every DWI client tells the police officer I had 2 drinks (2 beers, 2 glasses of wine), it is like the default setting to say I only had 2.

Why Your History Important?

There are always three potential defenses to a traffic (i.e.. speeding) ticket:

1. Factual defense: facts other than what they were?
2. Legal defense: improper (illegal/unconstitutional) police activity or filing or proof.
3. Equity defense: You deserve a break based on your exemplary past.

So is your history good, bad, or ugly?

Can it be used to help you or is it going to hurt you?

The reality:

No tickets within the past 18 months = good
No tickets within last few years = great
Two or more tickets within the past two years = bad
Three or more tickets within past three years = ugly

Young driver = driving less than five years and multiple traffic offenses = BAD History

Have your record and traffic tickets reviewed from a "reality" perspective.



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

fax: 866-381-3122
ph: 607- 229-5184

Reviews & Endorsements 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

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

Articles on NY DWI & Criminal Defense: http://ezinearticles.com/?expert=Lawrence_Newman

Ithaca Cortland Lawyer How to Understand (and Interpret) Your NY DMV Driving Abstract

If you have a driver's license then you also have a driving history. In fact, you may have a driving history in more than one state because you have moved from one area of the country to another (ie. having more than one license to drive) OR because you have gotten tickets (violations) in more than one state.

A license History = a driving Record = a driving Abstract. 

They all mean the exact same thing. Different states refer to them by different names. In New York State, it is called an ABSTRACT. If you go into your local DMV office you would fill out a form for an abstract request, current fee is $10.00. Some states allow you to go online, and get a non-certified copy of your record as well.

Lifetime Driving Histories in NYS

NYS does not allow you to choose the number of years of history displayed on your abstract. Local offices go back 10 years (at a minimum). Most infractions will stay on your record (locally that is) for 4 years. DWs of all types will be on your record forever.

Many other states allow you choose how many years of history you want. You can request a 3 year, 5 year, or a 10 year driving record. NYS DMV in Albany has the lifetime driving records of all NYS license holders. What is more alarming is that they are now holding these past lifetime record of moving violations, non-moving violations, accidents, points, DWs, and any traffic related matters against people. Something you did 25 years ago may return to haunt you today.

To understand your NYS DMV abstract you must first look at three things:

1. Violation Type: this will be displayed in VTL format (vehicle and traffic law section) and a brief description of the infraction. It could even be a misdemeanor (criminal) VTL, not necessarily a non-criminal violation level offense.

2. Date of the Violation: this is the date that the incident occurred, that you were cited by the police. This is by far the most important date to consider when calculating time periods.

3. Date of Final Court disposition: This is the date that the court accepted your guilty plea (to something) or you were found guilty (after a trial).

TO FIGURE OUT YOUR EXPOSURE (potential) to a New York LICENSE SUSPENSION  

From the date of your current violation go back 18 months to see what the points or speeds add up to.
Remember the law is that if you have gotten 3 speeds (speeding tickets) within 18 months or have accumulated 11 total points within 18 months = A License Suspension.

ie. if you have a current (pending) speeding ticket (violation date) and you have two others (by violation dates) within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending speeding ticket.

ie. if you have a current (pending) moving or non-moving violation with 4 points and you have 7 prior points on your driving record within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending violation ticket.

If you have taken a Defensive Driving Course (in NYS this is one of the PIRPs) then some points may be negated from your record for a time period. Generally up to 4 points can be negated (not count) towards your total points. The PIRP = point insurance reduction program.

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

fax: 866-381-3122
ph: 607- 229-5184

Reviews & Endorsements 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

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

Articles on NY DWI; Criminal Defense: http://ezinearticles.com/?expert=Lawrence_Newman

New York Traffic Court Clerical Error, When a Good Thing Goes Bad

Easy to Get it Wrong from cadred.com

I was listening to that Drake song, "Doing it Wrong," love them great lyrics and thought about a recent
Good Thing Gone BAD! It wasn't with my wife (thank G-d) but with a Case and a Court.

It May Not Be the End of the World BUT Why Clerical Errors Suck 

I started out representing someone for speeding through a school zone, usually this is a no win, as in nothing to do about this one. These types of tickets I always promise Nada. But in this case, and in this Court, I was able to show the prosecutor and the Judge a perfect driving record of 20+ years, a professional person with no history of anything whatever.

The Reduction from Heaven

They offered a reduction out of the school zone, and down to 5 mph over. BTW prior results don't assure future results. I was ecstatic, and more importantly my client was thrilled with this outcome.

I placed the plea offer into the Court with a letter of confirmation, signed by the prosecutor, and requested a final fine notice. I received the proper confirmation and even a final Court certified disposition. What more could I have done? I also called to confirm all of this.

Meets the Court Clerk from Hell

They still screwed up! Someone, some clerk entered it wrong into the computer. Entered the original speed (double over) and in the school zone. I found out because my client received the NYS DMV driver responsibility surcharge notice demanding a $100 a year for the next three years, yikes!

Today I will contact the Court to rectify this. Is this the first time a Court clerical error has occurred? Are you kidding? Good Things Gone Bad are a daily grind. How many people over the years have lost driver's licenses to clerical errors? Countless.

Imagine all those lost souls who just send in their tickets and money without keeping copies or proof.
Watch my Three Things YOU Must Do if You Are Going to Handle Your Own Ticket here:

That is why sometimes handling your own matter can be dangerous. Clerical errors can last for years in the system and take countless hours and letters to correct. Trouble is it seems that even seasoned (mature) attorneys can't avoid them.

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 95% 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 450 blog posts, dozens of articles, and over 425 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

Ithaca Lawyer Reports New 5 Point Violations for Cell Phone, Texting, and Electronic Device While Driving

Dangerous Devices to Use While Driving in New York
from dvice.com

Well the big news this weeks is the surprise from our own Governor Cuomo. You can still use a phone and even text while driving in many states. See map below.

Yellow States Still ALLOW Texting and Phone
from lawyerblog.com

The national trend is against ANY form of distracted driving via USE of ANY electronic device. New York is taking this all very seriously with these emergency measures, and wanting to put an end to what I consider to be "amateur" drivers.

Serious (High Point) Penalties and Consequences

1. Change to 5 Points for New York State violations of VTL 1225-c (use of a mobile telephone) and 1225-d (use of portable electronic devices) after June 1, 2013.

New York State already had laws against using a cell phone while driving, and texting while driving, and using any electronic devices while driving (think ipods, ipads, portable storage devices). For a short history lesson: It went from no points to five in less than two years. It was no points before February 2011, then 2 points in February 16, 2011, then 3 points in October 2011, NOW FIVE POINTS in June 2013.

2. This change will transform violations of VTL 1225-c and 1225-d into "high-point driving violations."

Now they are in the same category, and seriousness based on points as VTL 1212 Reckless Driving ( a five point misdemeanor), and VTL 1174 (a) failing to stop for a school bus.
For perspective this is more serious than VTL 375 (1) Inadequate Brakes on a truck (a 4 point misdemeanor).

3.  This change will also have significant consequences for those with prior "alcohol- or drug-related driving convictions or incidents" under the new 15 NYCRR Part 132 (dangerous repeat alcohol or drug offenders) and the recently amended Part 136 (Licensing or Relicensing After Revocation Action). Remember two serious traffic violations plus DWs and bye bye driver's license.

4. Added words = new definitions:

The law also adds to the definition of portable electronic device in VTL 1225-d (2) (a) "any other electronic device when used to input, write, send, receive, or read text for present or future communication." 

And the new term "using" is re-defined in 1225-d(2)(b) will be defined as "holding a portable electronic device while viewing, taking, or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data."

Bottom Line:

Don't look at or touch ANYTHING while driving except your steering wheel.

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

Doctor of Chiropractic
Attorney and Counselor at Law

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

http://www.ithacadwi.com

Fighting for What's Right: Can Police Issue Tickets for Violations They Never Saw?

Car off the road, and then you get tickets, was your speed Not Reasonable and Prudent?
from lefrancophoney.com

I'd like to imagine I'm a pretty easy going guy. Don't ask my wife about this, because she knows better and believes that I can be a big PITA (pain in the ass). Certain things just bother me. I'm annoyed by unfairness and unprincipled conduct. So that means I must spend a large majority of time away from people, government, and businesses to avoid being mad.

Maybe that's why I moved to the boonies? Yeah, Ithaca is the boonies when you were born and raised in Brooklyn.

Making Friends

I got into a little argument the other day with a Deputy. Great guy, dedicated, and bright but he believes he is entitled to write up people for speeding (traffic) violations he never witnessed. He stood in front of me and counted off reason after reason why he believes that people that go off the road MUST be going over the speed limit.

1. he arrived on the scene without going off the road
2. other cars passed without going off the road
3. he would testify to reconstruct the scene in court

So therefore, my client must have been speeding, as in "Speed Not Reasonable and Prudent" VTL 1180 (a).

Why this common and ongoing practice is illegal:

1. NYS CPL 140.10 (1) (b) prohibits (stops) a LEO (law enforcement officer) from making an arrest or issuing an appearance ticket (traffic ticket) for a violation (infraction) committed outside of their presence.

2. Officers, troopers, and deputies can only write unseen violations for three situations. All involve an accident, and/or leaving the scene and/or alcohol.

So the moral of this story is don't accept this common police practice sitting down as in just pleading guilty. Confront, hire an attorney, and take it and them to court.

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

Doctor of Chiropractic
Attorney and Counselor at Law

607-229-5184

newman.lawrence@gmail.com

http://www.ithacadwi.com

Avoca Campbell Lawyer If the Cop is a "No Show" is the Speeding Ticket Dismissed?

Photo Courtesy of Corning City Hall
Can you tell the difference between a NYS Trooper and NYS Deputy?

Most people believe that the cops (officers, troopers, deputies) show up to Ithaca Court or hearings regularly. In most non-city Courts (town and village) the cops are usually housed in a separate physical facility.

In Tompkins County, the State Troopers are in Trooper Barracks, the County Deputies are located within the County Jail complex, and police officers have various locations depending on their jurisdiction. In many New York State City Courts the police are in the same or an attached building. This is how it is in Ithaca City Court. Ithaca City Police and the Ithaca City Court are together in one big building on Clinton Street.

Where are the Police?

I am usually asked by my clients, is the cop going to be there? Most people do not want to face their accusers. The physical face to face confrontation is very uncomfortable. While many like to believe that the cops live in or by the Courts, they usually only submit their paperwork to the Courts. This usually occurs via computer these days. After everything is written up, reviewed, and completed it is sent in for Court processing.

Unfortunately or fortunately they do not show up to anything Court related unless they are either subpoenaed (under penalty) to be there to testify against you by the prosecutor (assistant district attorney) OR they are there of their own free will (usually in a DMV administrative hearings on driver license matters).

The TRIAL of a Traffic Violation (ie . speeding) Case

Your case goes through a process of steps. These can occur over a period of days, weeks, or months.

STEP ONE 

Procedurally in a traffic violation matter, the initial (first) appearance (aka Arraignment) is where you place a plea of guilty or not guilty on the record with the court. This can be done by mail in these lower level cases. Misdemeanor (criminal) cases generally require your physical appearance in Court. This is because these types of charges can result in a punishment of up to one year in jail.

STEP TWO

The next step is called a PTC (pre-trial conference). This is usually a set specific time (date) when the DA or an ADA (assistant DA) will physically be in Court to settle and/or discuss cases. There may be more than one PTC depending on the case, the evidence, and any information that may help settlement or negotiations. Usually a specific ADA (is assigned) handles each specific Court. In Steuben County, in the Corning City Court they assign the Police Lieutenant to handle (negotiate) traffic matters. This is not typical but important to know.

STEP THREE

If your case cannot be resolved in the pre-trial conferences it must be scheduled by the Judge for a TRIAL. In a traffic case the police are then compelled to be there for trial AND IF they do not show up then you can be an automatic winner. Case is then dismissed by the Court. Depending on the Judge they may wait out the whole Court session (a number of hours) to dismiss the matter or if a City Court case the Judge may only give them 20 or 30 minutes.

PROOF is Always Required

Remember that in a speeding ticket or other traffic violation matter the government's (DA's) main witness against you is the cop. Without a main witness to testify and prove their case, they do not have admissible evidence against you. They can NOT and WILL NOT try you, and find you guilty on the police papers alone (after all this is hearsay evidence).

New York State DMV Hearings versus Traffic Court Trials

In contrast, in DMV driver's license hearings, the Judge can accept hearsay evidence against you or for you. The cops do not have to show to these hearings. The Judge can choose to take all the police reports, and documents into evidence against you. This is because your license to drive is a merely a privilege (not a right) and the Judge (ALJ = administrative law judge) has much more leeway.

So back to the original question, It's as Simple as 1, 2, 3

if the cop, deputy, or trooper is

1. scheduled to be there
2. for your TRIAL and
3. they do NOT show up,

then YOU WIN!  Case Dismissed!


Law Offices of Lawrence (Larry) Newman

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

The picture at the top of this blog comes from the wall of the Corning City Hall.

Avoca Wayland Speeding Lawyer Captures the Beauty of Campbell, NY

Kraft Foods in Campbell, NY
This is the "big" deal around here

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).


                                     

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

 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.