Ithaca DWI Lawyer: Is a Drug or Alcohol Problem a Mental Health Problem?

Post traumatic Mental Health Disorders
From The National Institute of Alcohol Abuse and
Alcoholism 

I recently had a client who was upset with their healthcare providers. Their doctors and nurse practitioner were characterizing their drug/alcohol abuse, and the concomitant DWI as a mental health disorder. Many if not most healthcare providers now see alcoholism and drug addiction as a disease much like diabetes or a heart condition.

Is it wrong and/or dangerous to label people struggling with drugs or alcohol with a mental disorder versus a drug/alcohol problem?

Ithaca DWI Lawyer: Can the Police Check Your Car Trunk for Drugs in New York?

Trunk Access from My Back Seat

In a recent court case of People v. Jones, 2016, Livingston County a person was stopped for speeding which led to search of his car and then of his trunk. Of course pot was found in the trunk of his car, and a suppression hearing was held to determine the constitutionality (legality) of the police search of the trunk.

Was the trooper within the law?

Is it ok for the police to check your car's trunk?

Does this violate your 4th amendment rights?

Can they do this with every car stop?

Ithaca Cortland Lawyer What is the Price of Liberty in New York?

I live and practice law in Ithaca, NY. Ithaca has many reminders around town about how this area feels about civil rights, and the freedoms we hold near and dear.

Ithaca Parking Garage
Tioga Street, Ithaca, NY

The quote on this mural is from famed lawyer, advocate for Indian rights, and abolitionist Wendell Phillips. He was noted for "plain speaking" and strong oratory. This mural lies less than 50 feet away from Ithaca Town Court, and a block from the Tompkins County Courthouse. How apropos?

My favorites of his many quotes:

"Eternal Vigilance is the Price of Liberty"

"One on God's Side is a Majority"

What is the real price or cost of anything?

A lawyer must be an advocate for his client's position. Defense lawyer's are not in the business of justice. Justice is supposedly the job of the Judge and the Prosecutor (District Attorney).

Unfortunately, these days we have as we have in the past a system (of government) that can be overly oppressive and punitive. Often I am up against policies and positions. People can get lumped into categories. Is this justice? The road to hell is paved with the best of intentions.

Their (government) intentions are to keep us safe but at what cost? Where is the realization that we are dealing with people, with human lives and faces that can fall victim to a cold and sometimes harsh rule of law.

It has always rung true that the government and all people with positions of great authority must be kept in check. We are supposed to have a government of "checks and balances." The legislature makes the law, the executive branch executes the law, and finally the judiciary interprets the law.

Lawyers help people navigate through the system of checks and balances. Assist them in understanding their rights, their options, and their obligations within the process. Informed decisions are "fully" formed (understood) decisions. Three things the lawyer must do:

1. Provide Information (knowledge of the law). This is a corner stone.

I believe I must help my client understand the law "as it relates" to them and their situation.

2. Help them understand what the Burden of Proof are for different things?

• In the criminal case (misdemeanor and felony level offenses) the government has to prove everthing to a "Beyond a Reasonable Doubt" standard.
• In the license case (DMV and/or state board license) the government has to prove to a "substantial" evidence standard. This is abit higher than the civil standard of "preponderance" of the evidence or 51% vs. 49% on the scales of justice.

3. Review their case for factual and/or legal defenses. What are the strengths and weaknesses?

Cases can have a combination of factors that need analysis. I begin with the venue, where the case is? Then move to the facts beyond change, what happened? Then to the applicable law, and legal process.

So Eternal Vigilance to me:

Eternal is taking (accepting) "Responsibility" as an attorney. My response to the call, the threat, and the power. Constant guarding of those I take on as clients. Protecting them to the best of my ability.

Vigilance is taking action. Proactivity includes review, assessment, and a plan. Like chess I must anticipate the moves of my opponent. I must be where they are going before them. I must anticipate, and then prepare for that.

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

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com

Lawyers Should Never Assume Anything!

Handling DWI cases in Yates, Steuben, and Seneca Counties brings me to many small town Courts. The first thing I notice is little to no civilization, then no gas stations, then no cell service, then my car navigation just gives up. I sometimes imagine a cold and dark winter night when I am stuck in the middle of icy ditch, cast out in the middle of nowhere (is there a middle if you are nowhere?) and cursing my grand idea to live and to practice where there are more green pastures, cows, and trees than people.

A cautionary word to the wise don't ass-u-me anything (cause if you do you make an ass of u and me), 

1. Never assume that a Town Court is in that Town. 

I had a case in the Town of Jerusalem (no not the Town of Jesus birth) but a town in Yates County, NY. Jerusalem is in Branchport. My GPS had me going in round and round in circles.

The Town Court of Torrey is in Dresden, NY.

Barrington Town Court is in Penn Yan, NY.

I think you get my point! Check the town's true location on google. Get an real address. I'm going back to paper maps because sometimes the online directions take me through dirt (unpaved) roads in many of these areas. It's not much of a short cut if you have to wait for the sheep or cows to cross the road or have gravel pummeling your car paint.

2. Don't assume first come first served.

Small Town Courts have their own rhythm. The judges may or may not take the attorneys first. They may or may not have all the necessary paperwork. Have patience and courtesy in these places. The pace is definitely slower and more methodical. If you are in a rush you should have thought about that long before you passed through. I love practicing DWI defense in these small towns. It is challenging and rewarding.

Relish the views, the hometown hospitality, and the fresh air but never assume anything, especially around here.

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