Ithaca DWI Lawyer: Does My Arrest Ever Go Offline?

David Cassidy, BTW I Loved the Partridge Family

We get calls from concerned parents about their kids Ithaca DWI arrests all the time. After being arrested, dealing with the consequences of a DWI begins the process of closure.

But what about the online and public arrest information? Does the DWI arrest, my mugshot, and my name ever go away? Is there a way for me to get it taken down from Google?

Ithaca DWI Lawyer: Just How Safe is Your Social Media?

Whenever we have someone charged with a drug and/or alcohol related offense we ask that they take down their social media accounts. This is for a number of reasons but the main one being do you want the government looking at your Facebook page? Are there pictures or comments online that you would rather not have misinterpreted. Many people these days post pictures of themselves smoking marijuana, using drugs, and partying. Even posting talk (truth or fiction) about how messed up YOU got at an event or party can cast you in a bad light with the prosecution or a judge.

So just how accessible are your "private" or "public" social media accounts?

Ithaca DWI Lawyer: DWI Probation: What Do You Have to Prove?

Probar or To Prove is Very
A propos for PROBATION 

People love to throw around the term probation with even knowing it's full meaning. The word "Probation" comes from the latin, Probar, to prove or to test. People are given a chance to prove themselves, to go through the tests that are probation to emerge a new person. Probation for DWI or DWAI drugs in New York State definitely have tests but there not ones you can study for. Sobriety must be absolute as to alcohol and drugs.

But what exactly does probation for DWI mean? What do you have to do to prove yourself, and how exactly do they test you?

Ithaca DWI Lawyer: Transforming the DWI Villain

I Love Potatoes but for Years Vilified Them

So many things get vilified. I am guilty of casting the poor potato in a bad light. For years I loved baked potatoes. But then after reading and hearing how white foods like white rice, white flour, white sugar, and salt were bad for you I changed my feelings to the potato. So on to my naughty list went the lovable potato. It wasn't till years later that I realized that the potato has fiber, it's a vegetable (albeit starchy), and if baked or used in soups has a lot of nutritional value.

You know people get vilified too. They are cast in a bad light following an arrest for DWI or DWAI drugs. Are they really a bad person or merely a person that displayed poor judgment? Can we transform the perception for punishment of a demon into call for rehabilitation of a human?

Ithaca Lawyer Defends New York VTL 1163 Unsafe Lane Change and the Rules of the Road

Thank G-d we are not in mumbai77.com
This looks complicated

Some days the large majority of my time is spent on the phone, and in front of my computer. Phone calls with questions, one after the other, I try to explain the law, it's application, and make sense of things. Traffic violations are a part of my practice. They are a natural and lateral segue from my DWI cases, after all the D stands for Driving. 

Have to Lane Change with Safety 
from drivesmartdrivingschool.com.au

A recent email and then call had a person who was charged with VTL 1163. In it's various sub-sections New York VTL 1163 deals with lane changing. When can you change lanes? Can you change lanes safely? When did you use your turn signal to indicate a lane change?

Number One Road Rule: Safety First

He had gotten into an accident, and he was the ONE charged with the violation. He wanted to fight it, the charge of 1163 that is. He wanted my legal advice. Well his first defense was that the cop had not witnessed the accident. This can be a good thing, but in this case the damage to the cars and the statements taken from both parties (he and the other driver) were consistent with ONE thing: 

an Improper Lane Change on his part.

The Rule of Road from VTL 1163

Cars that are already in a lane of traffic (travel) have RIGHT of Way. Cars going straight and in a lane have priority over cars coming over and in. This based upon the rule of the road that you do not have to yield to cars enter to your lane of travel. Quite the opposite, cars entering a lane of travel must wait till it is safe to do so. They are changing their lane, the changer must wait and respect the changee (one already there).

Under VTL 1163: And I para phrase, You can't go from a straight (direction) course of travel UNLESS the turn (lane change) can be made (done/performed) with reasonable safety. 

So we didn't have a great defense to the outright charge. What was left was that I might have been able to perhaps get a reduction of the charge to something less harmful to his insurance. He left the call uninterested in his reality, not a great situation but one that could have been at the very least mitigated (lessened). 

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.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

 

Pluto is No Longer a Planet and The Mystery of the DMV

Pluto deserves to be a Planet
from wombania.com

Well one thing is always for certain in an uncertain world, things are constantly changing. Yes DWI law and the New York DMV (Department of Motor Vehicles) are dynamic entities. Just today I was surprised, and not in a Happy Birthday! way.

I represent many people just passing through New York State. I got phone calls from three clients. They are from PA, NJ, and CA. The New York DMV has decided to require that out of state (foreign) license holders to provide a copy of their Home State's driving abstracts (records) prior to obtaining a pre-conviction conditional license privilege in New York State. Now why wasn't I told? Why no advance Notice of this to the general public and especially the legal community?

What impact will this have you ask? Well not much for those from NJ who can get an online abstract within usually a few days. Well for those with a license from say California, they will have to mail (snail mail) a request to get a copy of their driving record, and that particular state with the Terminator in charge (no online requests or fax requests thank you) it takes six to eight weeks. So potentially no driving privileges in New York for SIX to EIGHT weeks, that could be harsh if you have to travel for work or have to go to school or have to shuttle your kids to childcare.

I am in the process of asking a Judge to consider extending the hardship driving privilege (normally a thirty day bridge privilege) with cases such as this. So what to do if you are from a foreign jurisdiction (any state or place other than NY), and facing a New York DWI charge, get a copy of your home state's driving record immediately. 

It could mean the difference between being in limbo, and having at the minimum a conditional privilege to drive while your case is pending and BTW Pluto will always be a planet to me.

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.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184