Ithaca DWI Lawyer: Why Can't Judges Use Marijuana?

from pinterest

The number of states with either decriminalized or legalized weed is increasing at a rapid pace. BUT many of these same states with both recreational and medical marijuana have told their judges, hey do not use any marijuana because it is still illegal under federal law.

Should judges be treated like people when it comes to marijuana?

Should lawyers, as officers of the court avoid pot as well?

Should lawyers and judges be subject to professional discipline for using marijuana in even marijuana legal states?

Ithaca DWI Lawyer: Zero Order Kinetics and THC

Zero Order versus First Order
KINETICS

The first drug that was recognized to cause issues with driving was alcohol. Being the most common, socially accepted, legal, readily available, and used substance on the planet alcohol has been studied intensively. Alcohol was easily measured and understood.

New York State as well as the rest of the country found setting specific BAC (blood alcohol concentration) thresholds rather simple. NYS even  separated out intoxication (.08 or more), from impairment (.06 to .07). Now with marijuana use and abuse on the rise everyone wants to apply alcohol terms, alcohol tests, and alcohol pharmacological kinetics to THC.

What does "zero order kinetics" have to do with Alcohol and THC? How can we better defend New York DWAI drugs THC cases from alcohol prosecution?

Ithaca DWI Lawyer: Do Opioids and Driving Equal DWAI?

Drugged Driving Can Lead to a DWAI

The reality of narcotic use and driving is far from the media in truth. There are millions of Americans who utilize prescription narcotics like hydrocodone and oxycodone for chronic pain. They are not addicts or using these medications recreationally. At a recent DUI conference in Tucson, AZ Dr. Fran Gengo, a pharmacologist related a story of two people using pain meds. One is Johnny, and the other is Johnny's grandma.

Now while Johnny uses grandma's pain pains to get high grandma has two medical conditions, spinal stenosis and degenerative joint disease. She takes her pills throughout the day on a schedule to moderate her discomfort. If Johnny and Johnny's grandma both drive who stands the greater chance of being DWAI drugs? If Johnny's grandma has a higher blood concentration of hydrocodone does that mean she is more impaired than Johnny?

Ithaca DWI Lawyer: Recreational versus Therapeutic Drug Dose and DWAI

DRE = Drug Recognition Evaluator

I just came back from Tucson, AZ where I attended a DUI conference on DWI and DWAI drugs cases. One of the main speakers Dr. Fran Gengo (University of Buffalo) spoke on DRE (drug recognition evaluation) as well as Driving While Impaired by drugs. Now Dr. Gengo is a pharmacologist and understands toxicology at a high level.

How drugs are dosed, metabolized by the body, and can potentially impair a driver is complicated stuff. Now the DRE and the drug recognition evaluations used by the police have many issues. Can a law enforcement DRE officer using a DRE (yes, the person and the exam) tell you are New York DWAI drugs?

Ithaca DWI Lawyer: What Makes a Final Court Disposition Like DWAI Good?

Welcome to Relative Boulevard

The other day I was asked why I thought a DWAI (driving while ability impaired) was good? They were confused because I've said on videos and my blog that a New York state DWAI doesn't get expunged, it's one of a few offenses that can never be sealed, and it will remain on your record forever. So that's GOOD? Well whether your final offense or court disposition is good or bad needs comparison to where you began.

Ithaca DWI Lawyer: Use of Proper Analogy: DWI Defense Learns from Firestone

I recently was taking care of my daughter's car at Firestone. One of my dad duties is taking care of the cars. Maybe because I'm supposed to take care of anything involving a motor, gas, electric, or of a mechanical nature. So I brought it in for an oil change, and the once over.

Batteries and Core Charges

Guy does the hey "by the way" we found that your battery is running weak. We have a solution, a new battery. Ok, I'm there but when I get the bill there is a charge I don't quite get.

Battery charge
Core charge
Trade in Core credit
Install and replace Charge

Called the Core charge, meaning every battery has a core that is still useful/recycle-able. And some people keep their old battery, it still works but weakly. What I could not get or he could not help me understand was why I was being charged for an additional CORE plus getting credit for my trade in CORE?

He kept telling me the same thing over and over but I wasn't getting it. What he needed was an analogy.

Google Helps Me Understand CORE Charges by Analogy

Thank G-d for google, I googled CORE and charges and understood it perfectly.

The CORE charge is just like the recycle charge on a can of soda. It's a fee you pay in addition to the cost of the item for recycling it. If you return the can you get the recycle charge back.

That's the power of analogy. I sometimes use with juries,

New York State DWI is One Test One Sample Tested One Time

New York is a one test one time one sample state, would you go to a doctor and let him make a diagnosis based upon one test one time taking just one body sample?

Would you let that same doctor decide on treatment, drug therapy, or surgery based upon that single test?

If there are doubts in the case besides this all of them are amplified by the unfairness of this analogy. The danger inherent in finding a person guilty based upon evidence like this.

If you have questions about a DWI charge in New York, call us at 607-229-5184

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BY NEWMAN & CYR 

Copyright 2016.  Educational Use Only.

If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of a charge --including the potential loss of your freedom. 

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Ithaca DWI Lawyer The Georgia License and Driving Privileges of the Bieber

The Pragmatic Lawyer's Viewpoint on Bieber 

THC + Xanax + Beer + Fame + Lambo + Youth = 

FUN and Problems

I don't know what holds my fascination with Justin Bieber more, his continued downward spiral or my thoughts on his legal issues? Well, the facts are not good, Justin was alleged to have driven while  impaired by drugs (toxicology report shows THC and Xanax) in Florida. He hired one of the best if not the best criminal defense attorneys in Miami, Roy Black. But even with the amazing Mr. Black he is in for a rough climb out of this hole.

Factors Against Justin Bieber's DUI Charges

1. Justin is under 21.
2. Justin is a Canadian Citizen.
3. Justin has DUI criminal charges (both common law and potentially per se, based upon drugs).
4. Justin is so popular and in the spotlight (famous) no jury or judge could truly just rule based upon the evidence. see below to a link to the best understanding of the actually facts of this case by Attorney
Justin McShane, he is a renowned blood/breath expert.
5. Justin had an expired Georgia driver's license (Why Georgia? He lives in California?) Is this good for taxes or something?

As an aside, how do they rent a Lamborghini to Justin (under age 21) with an expired Georgia driver's license? How do they rent this car to him if they smell him reeking of pot?

If Justin would have hurt someone with that car the rental car company would have a lot to answer for.  

Anyway, Justin has already been tried a million times in the eyes of the public. With all of his past alleged hijinks and bad behavior no one is looking out for the Bieber except his young fans. These young fans will likely not be members on his jury.

On the facts and the science Justin has plenty of great legal and factual defenses.

See one of the best DUI lawyers (if not the best) in PA Justin McShane's explanation of the science behind Justin Bieber's case here:

http://www.paduiblog.com/pa-dui/justin-bieber-dui-defense/

The Big But:

but finding a fair and impartial jury would IMO be next to impossible. This case will likely plea out with many conditions (obligations) for Mr. Bieber. Pragmatically it will hopefully help him with his long standing, and increasing personal and public issues.

Justin Will Face Administrative (license) Issues in Multiple States (or countries)

On top of all his criminal issues he will have another pressing issue, administrative license sanctions (punishments). Justin loves high end sports cars. This is evidenced by the ones he drives both quickly in his California neighborhood, and even while vacationing in Miami. Can anyone say, Lambo!

Sweet ride but without a license, it will sit.
from celebritycarsblog.com

Anyway, Justin's wings (his driving privileges) will likely be clipped for quite a long time for a number of reasons.

One: his age (under 21);
Two: his admission to a substances abuse problem;
Three: the lower standard of proof for license hearings (civil not criminal).

With his Georgia license, he will be off the road for awhile, having to go through multiple programs.

Administrative (license) Penalties are Doubled

Anyone with a license from another state or jurisdiction will likely face multiple license hits on a DUI/DWI. It does not violate double jeopardy (to be tried for the same crime twice) because it is against a license (a privilege).

From Georgia DDS (department of driver services) = GA DMV

Mandatory Suspension

The Department of Driver Services shall suspend a license for a conviction of any of the following offenses in Georgia or any other state:

1. Homicide by vehicle.
2. Any felony in the commission of which a motor vehicle is used.
3. Using a motor vehicle in fleeing or attempting to elude an officer.
4. Fraudulent application for a license or fictitious use of a license.
5. Hit and run or leaving the scene of an accident.
6. Racing.  
7. Operating a motor vehicle with a revoked, canceled, or suspended registration.
8. Felony forgery relating to an Identification document.

Other Common Suspensions

1. Refusal to take a chemical test in conjunction with an arrest for DUI.
2. Conviction for driving without insurance.
3. If convicted for driving while license is suspended, the customer's driver's license will be further suspended for six months. 
4. Failure to appear in court or respond to a traffic citation, your license may be suspended indefinitely.
5. Any violation of the Georgia Control Substance Act.
6. DDS is authorized to suspend your license if its records or other evidence shows that you have accumulated 15 points within 24 months under the point system, including violations committed out of state. Select for information on Points and Points Reduction.
7. A conviction for driving under the influence of alcohol or drugs.

PLUS

Under 21 Years of Age Suspension

The driver's license of any person under 21 years of age convicted of any of the following offenses shall be SUSPENDED:

1. Hit and run or leaving the scene of an accident in violation.
2. Racing on highways or streets.
3. Using a motor vehicle in fleeing or attempting to elude an officer.
4. Reckless driving.
5. Any offense for which four or more points are assessable.
   1. Unlawful passing of a school bus.
   2. Improper passing on a hill or curve.
   3. Exceeding the speed limit by 24 miles per hour or more.
   4. Aggressive Driving.
6. Purchasing an alcoholic beverage.
7. Driving under the Influence.
8. Misrepresenting age for purpose of illegally obtaining any alcoholic beverage.
9. Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage.
10. The driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points within any 12 month period.

In addition, Justin will likely face Florida license (privilege) penalties (administratively), fines, evaluation, surcharges, plus.

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

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.