Showing posts with label cornell speeding lawyer. Show all posts
Showing posts with label cornell speeding lawyer. Show all posts

Sunday, September 7, 2014

Speeding Through The Village of Cayuga Heights

Cayuga Heights Police Station and Courthouse
836 Hanshaw Road, Ithaca, New York


The little hamlet of Cayuga Heights is quiet, peaceful, and slow moving. That is why I see and hear about so many speeding tickets around here. For the most part, the speed limit is 30mph. It is easy to go much faster than that when going up and then down our hilly terrain (hence the name heights).
The three most common cases I defend here are related to DWI/DWAI drugs, speeding, and unlawful possession of marijuana, NYS section 221.05 UPM.

Court is Held Every Tuesday and the First Thursday of Each Month

Cayuga Heights has a small but effective police force. They patrol the area regularly, and some of their unmarked (all black) cars can be rather stealth. The grounds of Cornell University are situated right nearby so it is probably not in your best interests to smoke pot or drink in any of the outside areas/parks/golf courses. I can't even imagine telling you the number of marijuana charges this village racks up in any given year.

One of the Newer Marked Sport Utes

The Village Justice is Judge Galbreath. He is a Cornell law professor by day. Which is why those attorneys appearing before him best be prepared. If you are asking for anything you better have good reasons, and an explanation.

This Court can be very busy at times with 1,000 to 1,500 cases per year. That said, the village court clerk, Pat Kannus is on top of things here, and out of the hundred plus courts I go to this is one of the better ones by far.

Things to know: 


  1. Court starts promptly at 6:00 on Tuesdays and 5:00 on Thursdays. 
  2. Sign sheet is out for attorneys and their clients.  
  3. Assistant District Attorney is Andrew Bonavia of the Tompkins County District Attorney Office.
  4. The Court is in a rather old (not well ventilated) but beautiful building, that said dress in layers here. It can be very hot in the summer, and cold or hot in the winter months.
  5. There are three bathrooms (one in the court itself) and two outside the court.

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


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

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



Sunday, April 20, 2014

Ithaca Lawyer Can the Police Take Away Your Driver's License?



I occasionally get a call that the police have taken away someone's driver's license after a traffic stop. Now the stop may have been for a DWI or reckless driving or maybe even for a crazy speed. BTW "Crazy" can be as little as 90+ Upstate, I know that may sound ridiculous to those from New Jersey and NYC where people regularly travel at the speed of light.

Most people believe at that point that they do not have a driver's license (or a privilege). Well do they?

SYMBOLS (documents) Versus PRIVILEGES

Well you don't have the ID, the symbol of the license but the underlying privilege is still there. The police do have great authority, discretion, and power but what they do not have is the ability to take away driving privileges.

That can come from a Judge or from the NYS DMV but a police officer on the street can only hold your license not take the privilege away. Once a privilege is taken away you need to sign a document that you have received NOTICE and that you can now have a HEARING to dispute the taking.

This process of NOTICE and a HEARING is minimum DUE PROCESS. Things can't be taken without due process, because it's unconstitutional. You have a right to know what is being taken, why it is being taken, and an opportunity to challenge the taking.

As an aside, always be polite and respectful with law enforcement. It is never a good idea to be a smart ass or play games with them. Best to be mature, do not answer questions without an attorney present, and clearly request an attorney. Whether you should perform or submit to any type of testing is a topic to explore on my other blog posts and videos.

http://www.ithacadwi.com


Wednesday, October 17, 2012

Ithaca Lawyer Don't Open Pandora's Box: The Legal and Administrative Consequences of Change

Sometimes it is best to let sleeping dogs lie 
and
well enough alone 
From http://futuredocsblog.com

I grew up in the City that doesn't sleep. I owe Brooklyn, New York a debt I can never repay. The school of my youth included the one of hard knocks, and good old P.S. 276. Yeah P.S. as in Public School number 276. Fortunately education back in the day included Greek Mythology. I never fully realized it's implications till later in life.

We All Want to Advance and Change

A recent phone consult had a man who was planning to get a professional license. After all, who wants to wake up day after day with the same thing. He wanted to advance himself. Like the Army slogan, he wanted to be more, do more, and have more.

Getting any professional license, certification, permit, or anything which requires volumes of paper can be tricky at best but dangerous at worst. Not to scare you but the amount of investigation and inquiry these days before the issuing of anything to anyone is staggering. In the wake of 911 we have a bureaucratic mess. From a massage license to a nursing license to a gun permit, you can go round and round. As someone licensed in multiple areas in four states I can attest to being literally put through the ringer.

The problem in my phone consult's situation was that his name was not quite right on all his prior paperwork. He went through life using a name not really his "legal" (birth) name. It started with one simple form thirty years ago, and now he is Tony Alberto on his driver's license, instead of the Anthony Albert (made up to protect the innocent) on his certificate of birth and social security card. It became so much a part of his life that he forgot about it. Your full legal name is just that important. Using different names and/or identities can get you in big trouble both legally and administratively.

Opening Pandora's Box

Everything is quiet, well and good until you make a change in your life, then watch out! Everything in Tony's life was fine UNTIL, until the day he was applying for his new professional license which required ALL the paperwork of his life to match, to align, and to be in synch. It is now 2012 and all governmental and quasi governmental agencies do not like or want you to possess multiple names or AKAs (also known as).

Years Ago it was OK (or at least not as dangerous)

Years ago I represented a guy from Philly with a DUI that had four driver's licenses, one from New Jersey, two from Pennsylvania, and one from New York. One was Anthony, Jr., one was Anthony, Sr., one was Anthony Vinny Jr. and the last was Anthony Mario. Our legal defense, he was Anthony Junior, not the Anthony senior that go the DUI, not a great defense but with a guy like this it's worth a shot. You could never get away with that these days. The DMVs even have facial recognition software to prevent this type of fraud.

The Domino Effect in Action

Back to our original story of Tony Alberto wanting his new professional license. He had to now go back to the DMV. He needed to apply for a driver's license renewal because he was changing his name to his official (legal) name. One seemingly simple process was now going to lead to a chain of event reactions.

The applying for the professional license led to the name change led to the license renewal which now takes us to the problem event, this led to filling out of the license renewal form which led to him having to reveal his recent medical problems.

Medical problems which now could impact his ability to drive a car,
Medical problems which could now jeopardize his driving privileges,
Medical problems which could then take away his freedom to move,
Medical problems which could then take away his ability to work,

You see license renewal is a triggering event. A triggering event is any that can cause a domino effect of change. As they say one thing leads to another. This is a prime example of the opening of Pandora's Box (the evils of government intrusion), and the Domino Effect (one event triggering a series).

Key Take Away: Discuss or at least think about (consider) the full ramifications of dealing with any governmental or quasi governmental agency. This is especially true if you are making application for privileges, licensure, permission, or certification of any type. Sometimes the forms can be much like a minefield. A wrong step or inappropriate response can trigger a domino of things unwelcomed and unwanted.

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Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

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

http://www.ithacadwi.com