Ithaca Lawyer How do YOU Challenge RADAR on Upstate NY Speeding Tickets?

RADAR = A Radio Transmitter and Receiver

Sends out a signal and receives back a signal. RADAR has limitations and there are two sources of potential problems or error:

1. The Unit itself (was it working properly)
2. The Operator (any machine is only as good as it's user)

I'm just going to go over the major error problem areas in this blog post.

1. Vehicle Interference Error

Did they target and focus only on your car, and no other car or moving object? Was there "traffic" on the road besides your car?

2. RFI (Radio Frequency Interference) Error

Car fan blades and moving car parts (heater or air conditioning unit), also known as mechanical interference error. 

Radio signals from police radio, CB, walkie talkie, cell phones, radio, and/or any other electronic device.

Poor connections with any electronics in the car or the unit can cause electrical bleeps and shorts.

Lights in or out of the car can bring on a false reading as well.

3. Calibration by Tuning Fork

The RADAR unit should be calibrated (checked for accuracy) both before and after a speeding ticket is issued. Many law enforcement officers only check the unit at the start of their shift and at the end of their shift. This does not ensure that the unit was properly working at the time of a specific ticket (driving infraction).

If the tuning forks are too hot or too cold they will not accurately calibrate the RADAR unit either.

There are a great many areas to challenge with any ticket but in particular with a speed related infraction. In New York State the standard is to prove that you were speeding beyond a reasonable doubt.

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.

Ithaca Cortland Lawyer Gets Complete Dismissal of a Speeding Ticket

It can happen, the Complete Dismissal of a ticket. 

Speeding tickets can be nasty business. They can cause short term(fines, surcharges, points, license suspensions), and long term pain (increased car insurance premiums).

Sometimes we can decrease the ticket mph through plea bargaining. Sometimes we can change the infraction (the offense) to something less caustic (irritating). Sometimes we can also completely eliminate the ticket.

The video above highlights two recent cases where we were able to get speeding tickets completely dismissed. The complete dismissal is the exception not the rule but it can be done.

Case ONE, 53 mph in a 30 mph speed zone. 

A 6 point moving violation, would have had hundreds in fines, three years NYS DMV surcharges ($100/year), plus increased insurance costs:

I filed a demand for a supporting deposition along with my notice of appearance to the Court.

They did not send me back a Supporting Deposition with the 30 day time period allowed by statute. I then filed a motion to dismiss the ticket based upon their violation of the law.  

Case TWO, 110 mph in a 55 mph speed zone. Crazy Fast!

An 11 point ticket, automatic suspension, HUGE fines, three years NYS DMV surcharges ($$225/year), plus increased insurance or maybe even being dropped?

I filed a demand for a trial (there was NO offer or plea bargaining with this speed in this Court), cop was a NO show so ticket dismissed.

It begins here but where it goes is up to you and your lawyer
from somestuffaboutmoney.com

To learn about New York's Proof Level for Traffic Violations see my blog post here:

http://ithacadwi.blogspot.com/2013/10/avoca-lawyer-new-yorks-high-proof-level.html

or my blog post on NYS DMV's classification of serious traffic offenses here:

http://ithacadwi.blogspot.com/2012/10/new-yorks-evil-triad-dmv-classifies.html

or Why the need for speed is so costly, here:

http://ithacadwi.blogspot.com/2012/06/ithaca-lawyer-why-sometimes-need-for.html

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

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

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

Ithaca Cortland Lawyer Says "Don't Look a Gift Horse Traffic Ticket in the Mouth"

What a Beautiful Gift Horse!
From dmitryscloset.wordpress.com

You know the old expression "don't look a gift horse in the mouth" well it is as true in criminal law as it is true in any other part of life. I got a fax today from a out of town lawyer asking me to help him do a case in one of the Courts I frequent regularly.

Nice to get a request but it had things that bothered me:

1. A cap on my fees (I hate that), I practice solo so no one tells me what I charge (except my wife)
2. Required a Court appearance by me and a Canadian (good luck with the second part of that sentence)
3. It involved a non-moving, no point violation/offense

This last thing really got me, why the hell are these lawyers even bothering to litigate or charge or be this involved (the fax to me was 8 pages) on something so trivial? Why are they making a mountain out of a mole hill? Why? Why? Why? Is it the money? I don't know what possesses some people.

Honestly, this is not something that should have ever been taken (accepted) under "legal" representation.

I tell people if you got caught for speeding and the cop/trooper/deputy gives you an  NYS VTL 1110 (a) Failure to Obey a Traffic Device (non-descript, 2 pointer), accept it, pay it and move on. It was the proverbial "gift horse." You GOT a GIFT! GET IT! A GIFT! They did you a favor, they cut you a break.

So in this case the gift was even more shall I say generous, they charged a NYS VTL 1201, parking/standing on pavement, yes Virginia that is merely a "Parking" ticket. Carries NO POINTS in NYS and Canada.

So why did they take this case on? Why did they charge this poor (ignorant) person hundreds of dollars to litigate a parking ticket? Is it principle or something? Why now involve me? Why even ask me?

Aren't you embarassed to do this type of horseshit, yeah I said horseshit because that is what it is. Tell the man to pay his fine, and move on. Done, stop trying to create issues when there are NONE.

Now tell me how you really feel, anyway I feel better now, all the best and Don't ever look a gift horse in the mouth because I don't.

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 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.

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

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY 14850

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

http://www.ithacadwi.com

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.

Reviews of Larry Newman:

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

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