Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
Plea bargains are a way that the majority of criminal and non-criminal cases are resolved. The percentages around the country hover around the 94% to 95% mark both statewide and federally.
BUT every plea bargain involves a Judge as well. It just doesn't involve your attorney and the DA (or assistant DA). Some Judges will give their blessing to any deal that is struck between the government and the person charged. Some Judges get very involved in the process and carefully review every deal as to fairness and justice. Some place their own bias and prejudice onto every deal.
Throughout the state of New York there is wide latitude on not only punishments but the Judges dishing them out. Legal punishments are in the ultimate discretion of the local Judges. They are elected to their positions. Depending on your location these punishments vary from place to place.
Watch this video to see why knowing the players are as important (if not more important) as knowing the game!
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
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.
This video focuses on how I explore (at a suppression hearing) the three areas of questioning (cross examination) for the police stop for the infraction of Dazzling Head Lamps (lights).
High beams, were they really on?
Police officers who claim that a cars head lights drew their attention draws my attention as a criminal defense attorney. Sometimes they claim no head lights were on, as in "inadequate lights" violation.
Sometimes they claim that the head lights were "dazzling."
New York State VTL 375 (2) (b)
2. (a) Every motor vehicle except a motorcycle, driven upon a public
highway during the period from one-half hour after sunset to one-half
hour before sunrise or at any other time when windshield wipers are in
use, as a result of rain, sleet, snow, hail or other unfavorable
atmospheric condition, and at such other times as visibility for a
distance of one thousand feet ahead of such motor vehicle is not clear,
shall display:
1.at least two lighted head lamps on the front, one on each side,
having light sources of equal power;
2. if manufactured prior to January first, nineteen hundred fifty-two,
at least one lighted lamp on the rear which shall display a red light
visible from the rear for a distance of at least five hundred feet;
3. if manufactured on or after January first, nineteen hundred
fifty-two, at least two lighted lamps on the rear, one on each side,
which lamps shall display a red light visible from the rear for a
distance of at least one thousand feet; and
4. if required to display a number plate on the rear, a white light
which shall illuminate the numerals on such plate in such manner as to
render such numerals legible for at least fifty feet from the rear. The
provisions of this subparagraph shall also apply to trailers.
(b) All lamps used on a motor vehicle except a motorcycle shall be so
arranged, adjusted and operated, as to avoid dangerous glare or dazzle.
Except as provided in paragraph (d) of this subdivision, the upper
outline of any beam of dazzling light projected to the left of the
longitudinal axis of the vehicle by the lowermost light distribution of
a headlamp designed to produce more than one light distribution, or by
the single light distribution of any other lamp used on such a motor
vehicle, shall not rise higher than the lamp center at a distance of
twenty-five feet nor higher than forty-two inches at a distance of
seventy-five feet. In each case, the height of the beam shall be
measured from the plane upon which the vehicle stands and the distance
shall be measured from the lamp projecting the light.
4th amendment to the constitution
There shall be No unreasonable search and seizure (stops by the police)
1. I always check to see if they were actually blinded by the lights, were their eyes affected?
2. I check to see if hey had to change their driving, did it affect their operation?
3. I check to see if they actually checked the lights, were they special lights? Xenon lights?
Or were they really set to high beams?
The best New York State high beams (dazzling lights) case to defend is:
PEOPLE v. ALLEN2008-03239.
89 A.D.3d 742 (2011)
932 N.Y.S.2d 142
2011 NY Slip Op 7853
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
KEAGAN RUSSEL ALLEN, Appellant.
We agree with the defendant's contention that in order to constitute interference, a defendant's use of high beams must "hinder or hamper the vision of [the] approaching motorist" so as to actually have an effect upon the other driver's operation of his or her vehicle (id. at 395). For example, in People v Meola, the Court of Appeals found sufficient proof of interference where a State Trooper testified that the defendant's high beams caused the officer to reduce his speed (id. at 395-396).
Here, by contrast, the proof adduced at the suppression hearing was insufficient to demonstrate that the defendant's use of his high beams affected the State Trooper's operation of his vehicle. Although the State Trooper was caused to squint, the defendant's high beams did not hinder or hamper the vision of the State Trooper so as to affect the operation of his vehicle.
So the high beams (the dazzling) lights must affect the vision of the other driver before it could be considered a "VIOLATION."
Otherwise the police stop is illegal and IMPROPER in these situations.
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 450 blog posts, dozens of articles, and over 440 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.
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.
Sometimes we take so many things for granted. I believe as an attorney the right to an adjournment is one of those things. It is often overlooked as a right. Everyone knows the right to free speech, adjournment not so much. It has a great many uses, and it has had it's fair share of abuses.
First, what is an adjournment? It's a fancy way of saying delay.
When you or I request an adjournment we are asking that the court hold off, and suspend, the matter's progression until a later time. The matter is usually a case. It could be a civil or a criminal case. Everything legal works on set timelines.
Moving Forward to a Conclusion
In civil litigation (lawsuits) we are seeking money damages and in criminal proceedings the government is seeking justice (criminal proceedings) to render punishment. Everyone is moving to a conclusion. Either guilty or not guilty of the charges or a dismissal of the charges or an award of money.
Example One: THE ACD
With a Judge's granting of an adjournment in contemplation of dismissal this is a conditional period of a set amount of time (a set delay). Often this is a one year delay of the proceedings to see if someone re-offends or remains on good behavior. If they do not (get re-arrested) the matter (the government's proceeding on the charges) is dismissed.
Example Two: The Request to Gather Information/ Evidence / Witnesses
Sometimes to wage the best defense of a case an attorney will request a delay to find proof, locate and subpoena witnesses, and/or allow their client to be evaluated mentally or for chemical dependency.
Example Three: The Client Request to Find or Speak with an Attorney
I have seen Judges allow requested delays to either find representation, or at least talk with counsel. I have even seen allowances for lengthly delays by town and village justices to allow people to work and save money to pay for Felony cases or to pay fines or DMV fees or to perform community service or to enter drug/alcohol rehabilitation.
Caveats(things to watch out for): always have a reason (s) when and if requesting anything.
Reasonable people have reasons for requesting things. These reasons must be valid, rational, and logical to be believed (have integrity). BS reasons for adjourning legal matters are denied.
Remember that time can have great value if used properly. Allowing people more time to get their "houses in order" helps everyone.
THE BOTTOM LINE: Using time to your advantage, that is what makes the right to adjournment a powerful tool.
The Law Offices of Lawrence (Larry) Newman, D.C., Esq.
Doctor of Chiropractic
Attorney and Counselor at Law
504 North Aurora Street
Ithaca, NY 14850
607-229-5185
My legal practice focuses on personal injury and DWI defense defense within the Finger Lakes area, basically anything that involves gas powered vehicles (cars, trucks, boats, snowmobiles) and/or drugs.
