Ithaca DWI Lawyer: The Ithaca Plea Bargains: What's a Farrar Condition?

The Statistics Don't Lie

Average Sentence of Drug Plea bargain: 5 years, 4 months

Average Drug Sentence POST Trial: 16 years

Plea bargaining is a fact of life in New York courts, and for that matter in all courts across the country. This is the reality, our current justice system would be completely backed up if every single defendant (person accused) demanded a trial. Negotiation is part and parcel of the criminal system. How well one can negotiate a case is up to a number of factors. Some facts are hard to swallow and must be analyzed in their best light.



Often the bargain is to plea guilty is to a lesser included offense than the one or ones originally charged. The bargain is further tempered with a recommendation on sentencing to this charge.

In other words plea bargains = CERTAINTY. Certainty is comforting to the majority of people. A specific high, a specific low, and a certainty of no to little surprises as to punishment is a relief.

The judge ultimately has discretion in sentencing but,,,

Ithaca DWI Lawyer: What Happens When a Judge Rejects the Plea Offer?

"Don't count your chickens before they hatch."

My grandma taught me a great many things. The truth of her words came from a Russian farm culture. She would often say things that would resonate with me for years to come.

What Happens if The Prosecutor Offers a Great Deal but . . .

Ithaca DWI Lawyer: Can a Prior Out-of-State DUI Affect Your New York State DWI?

Our Little Ithaca Bridge: South Hill to Downtown

If you have a prior out-of-state DWI then you will potentially have greater issues with your current New York State DWI case.

So Many Acronyms of DWI

Remember if you have an (OWI) Operating While Intoxicated charge or a (DWI) Driving While Intoxicated charge or a (OUI) Operating Under the Influence charge or a (DUI) Driving Under the Influence charge they will all be the same back in New York State for both purposes of licensure as well as potential enhancement.

Can ANY Prior DUI Be Used Against YOU?

What's the First Problem With a New York DWI Refusal Case?

This video highlights the first problem when dealing with a New York DWI refusal case. If you miss the first DMV administrative license hearing, because your attorney reschedules it OR the police don't show up OR it is adjourned to another date, then it may take many, many months for Albany to reschedule it.

This is months without a license (it is suspended).
This is months without getting credit (time served) towards a suspension or revocation.
This is months without getting an opportunity to challenge the evidence.
This is months waiting for closure and putting this behind you.

Hence the importance of the FIRST scheduled hearing, and your attorney's role in that process. In some cases this first DMV DWI refusal hearing date can be rescheduled (only the first) via the court/judge.

See my previous blog for more issues or potential problems with DWI refusal cases here:

http://ithacadwi.blogspot.com/2014/11/the-problems-with-dwi-refusal-cases.html

Always remember to 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

Lost in Translation: Problems with Not Understanding a Single Legal Word

Just last week I was at a hearing just with a judge, and a law enforcement officer. To explain his point the judge kept using the same word over and over. He used it on and on, but the officer's face was blank. The judge used it (the word) in about four different ways. But based on the officer's facial expression he really wasn't getting it. The judge kept changing everything except this one word he seemed to love.

Missing Just One Word = ?

Have you ever read something or heard something and you didn't know the meaning or the idea in back of just one word. Not knowing just one key word or term can make the rest of it appear meaningless.

The judge was attempting to educate the officer in his job. He was trying to get across what he did and said that was confusing to the person he arrested. The police officer was being told what he did that was wrong so he could correct it in the future.

I just sat back and listened after all I wasn't about to educate the officer in how to better arrest and give client's their rights. No way.

The WORD: What He Did Wrong and Why?

This was a NYS DMV License Refusal hearing. The judge was explaining that even though he properly read the refusal warnings he vitiated them. How did he vitiate them? He told my client that he may lose his license, that it may be lost for a period of time, and that the judge in criminal court may or may not give him a license. All of this vitiated the original warnings which state a definite loss of license suspension and revocation of one year if a chemical test of breath, blood, or urine is not taken.

The Word Vitiate came up again and again at this hearing. But the officer appeared to not get the full meaning of that one key word. Without that understanding he wasn't getting the lesson, wasn't really learning anything, and left the hearing more confused than when he arrived.

To Vitiate is to DESTROY OR IMPAIR THE LEGAL VALIDITY OF. He vitiated the DMV DWI REFUSAL warnings by giving the arrestee confusing information about his refusal to take a chemical test after they were given.

Suffice it to say we won that hearing, no loss of a license. Remember that words do have power and never be shy or embarrassed to ask, "hey what does that mean?"

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Winning a DMV Refusal Hearing: Police Officer Must Match Papers

YOU Gotta love this! JUST SAY NO!
from dreamstime.com

Last week I had one of those days. Everything was going right, I was winning. Believe me as a DWI defense attorney I have my share (plenty) of losing or trying to lose gracefully days as well.

DMV Refusal Hearings from Steuben and Chemung County DWIs Go to Painted Post

My first stop was a NYS DMV refusal hearing at the Town of Erwin building which if you look at the google maps isn't really in Erwin but actually in Painted Post, NY. It is right down the road from the Painted Post Harley Davidson and the brand spanking new Hampton. This area is really booming.

The judge holds all the hearings in the same big room. It is nice because it is modern i.e. central heat and air, clean new bathrooms, and comfortable chairs. This is in contrast to the Cortland DMV refusal hearings which take place in a tiny old room of the Cortland County Courthouse with no ventilation (sweltering in summer and hotter in winter).

Some Attorneys Say Why Bother Going?

I get mad sometimes at my fellow lawyers who just give up or have given up on attending these DMV hearings. Why bother they quip? You're only going to lose. Really? Have you ever won? btw It does happen. Is it a big deal? I think so, your client loses their privileges to drive a car for ONE YEAR.

That to me is a BIG deal.

You can win a number of ways but as they say you gotta play to win. You can't win or more like you can never win if you don't show up. The default is a lose. But if you show up and are ready to go a number of things can happen:

1. The cops (police/trooper/deputy) may not show = you get your license back.
2. The cops show but are not prepared = you may win or lose.
3. Some of the cops show but not all the cops show = you may win big time.

I recently had choose number three happen, and it has happened more than once. This was a hearing that was re-scheduled a number of times. The judge had allowed it and after all he is the judge. So this hearing the deputy finally shows, and I finally have ALL the paperwork. Turns out the Deputy that read the DWI Refusal Warnings, and signed the paper stating they gave them was NOT here.
The STOP cop was here but NOT the BTO (breath test operator) who gave the warnings.

Violation ONE: My Client's Right to CONFRONTATION (6th Amendment to the Constitution)

My client has a right to face his accusers. To face all the police, especially the ones accusing him of this infraction. To be able to cross exam them as to what they did and said to him.

Violation TWO: My Client's Right to NOTICE of Penalties for Refusing a Chemical Test

To face those saying that he had NOTICE OR was given proper, clear, and understandable NOTICE. That he knew the consequences of his refusing the chemical test.

This was a DWI case that on it's face was HORRIBLE.

Car half on the road and off the road;
My client was in a daze, barely awake, maybe even unconscious;
When the cop awoke him he gave the cop the finger;
and if you can imagine it just got worse from there,,, BUT

He still got a DWAI (driving while ability impaired), and we still won the Refusal Hearing, so no final license revocation. Many hearings, over a year But success never the less.

My disclaimer: I do not win all my cases, no attorney wins all their cases. We do our best with the cards we are dealt or as in DWI cases the facts as they are. I will say that in most cases showing up is an advantage. In some situations waiving (giving up) the DMV hearing is in your best interests. Everything must be analyzed, evaluated, and weighed on a case by case basis.

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Getting a Ithaca DWI: No Car is Required

Even Golf Carts,
Anything with a MOTOR in NYS is a Motor Vehicle
from cityoffollybeach.com

Well just last month it was national news that a golf cart driver at the U.S. Open was arrested for DWI. Not only that but he ran over the foot of a State Trooper in the process.

In New York State the charges would have been bumped up dramatically. There would have been a Felony (the highest level criminal charge) Assault on the Trooper. An injury on a law enforcement officer, EMT, or healthcare provider while in their line of duty is a Felony level offense in New York State just because of their status.

"propelled by any power other than muscular power"

In New York anything beyond muscle power by an animal (ie. a horse), or your own muscles (bicycle) moving you along is considered a "motorized" mode of transport.

So Under NYS section 125 of the Vehicle and Traffic Laws

A Motor Vehicle = moped, motor on a bike, motorized scooter, golf cart, motorized wheelchairs, lawnmower, and riding mower.

Electric versus Gas Power: Does it matter?

Some companies love to advertise electric bikes for those with license loss due to DUI/DWI. In NYS this ain't going to fly. You can get a DWI on an E-bike (electro assisted bike) as well. A man in Whitehall, NY got a DWI for riding an electric powered (300 - 500 watt) three wheel cooler, yes a drink cooler on wheels with a padded seat.

More importantly some think that just because something is Battery Powered versus Gas Powered that that makes a difference. It does not. The motor part can be run by any type of power source: gas, electric, oil, you name it.

Before you go away thinking New York is the worst state (we are pretty strict) for DWI remember that:

In Georgia and Ohio you can get a DUI even on a pedal bicycle.
In Pennsylvania you can get a DUI in a horse drawn carriage.
In Illinois riding a horse while drunk can lead to a DUI charge.

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Understanding New York Court Ordered DWI Ignition Interlock and Re-Licensure

Why is this man smiling?
Did he get his driver's license back? NO,
He GOT a license to legally sell POT!
komonews.com

Things used to be easy. Not so much anymore. Today is Sunday, July 20, 2014, and I am reviewing a June webinar put on by the New York State DMV, and the New York State Office of Probation and Correctional Alternatives (OPCA) to Judges and Court staff regarding DWIs and re-licensure.

DMV DWI "A4" License Restriction: NO driving without an IID

Effective November 1, 2013 all court-ordered ignition interlocks for DWI cases will now be classified as a license restriction A4 by the DMV. This is regardless of whether the case is resolved with a CD (conditional discharge) or Probation (two or three year term).

Getting Fully Re-licensed Requires Removing the A4 Restriction

This will require one of two things for removal. This is not removal of the IID from the car, this is about removal of the requirement from the physical driver's license and DMV record. You see, every license with this A4 requirement will be marked on the reverse with an A4 for law enforcement. A Court document indicating removal of the IID OR a probation release of license document.

NOTE: This document will need to be brought to the DMV to get FULLY re-licensed.

Court Ordered Interlocks by the Numbers

Court ordered for 12 months on every DWI
Minimum time period of 6 months of placement with NO violations noted
Some counties only note violations above .02 BAC
One time .05 BAC or more is an automatic violation
Court can be petitioned after 6 months for early release of IID
Monitored by the County of Arrest (CD) or County of Probation (Probation)
Violations can result in a VTL 1198 (9)(d), a misdemeanor
Called "Circumvention of the use of the interlock device" punishable by up to a year in jail and/or probation and/or fines and/or increased time with the IID installed
Violations can also result in Violation of your original CD
Violations can result in Re-sentencing on plead to offense (jail and/or probation)
Violations can also result in Violation of Probation (typically 6 months of jail)
Ignition Interlock will be displayed on YOUR DMV record (and back of your driver's license)
A4 will appear on front of your driver's license as R:A4 (restriction A4)

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Ithaca DWI Lawyer Why is Pleading Guilty NOT the Same as Being Found Guilty?

In a prior blog post and video I explained why pleading guilty to a charge or being found guilty of a charge are UNDER THE LAW =

In this blog and video I give the one big difference between pleading guilty and being found guilty.

If you agree to plea to a charge or charges then you will receive something in return for making less work for the Court, the Judge, the County, the prosecutor, i.e. the system. What you will receive is usually two fold:

1. Leniency

A lighter sentence of punishments. Maybe no jail, or no prison, or no probation, or self monitoring and treatment of a mental and/or chemical issue. Ease of complying with any imposed penalties, maybe weekends in jail or community service.

2. Less Charges (in total) or Lesser Charges

At the start of most cases the prosecutors and the police will charge with the highest levels possible under the law based upon the best perception (view) of their evidence against you. Your deal/plea bargain/agreement will take into consideration lesser charges or lesser number of charges.

Without a Plea Bargain in Place All Bets are Off!

Prosecutors and Judges will likely punish harder and more with a challenge to the evidence. Pushing them to what they believe to be an unnecessary trial places your future in the hands of a jury as to guilt or innocence BUT if they decide guilt then the DA and the Judge are under no restrictions. each situation is unique but your EXPOSURE must be considered by you and your attorney.

Whether this is fair, just, or right is not for this blog post. The reality is this, you make things harder for them watch out.

KEY TAKE AWAY: 

I believe there is a time and place to challenge just about everything but it must be given ample consideration with weighing out benefit and detriment to choices.

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 Why Pleading Guilty is the SAME as Being Found Guilty?

Guilt or Innocence is Really Legal Guilt or Legal Innocence

When you are charged with a crime by the police it is based upon "probable cause." PC is merely reasonable and trustworthy information that a particular person committed a particular offense. With a New York DWI it is usually based upon driving (moving violation) plus odor or alcohol or marijuana plus impaired/intoxicated behavior.

Being found legally guilty requires that they proof each part of their case to the beyond a reasonable doubt level (standard). The Judge will instruct the jury on what reasonable doubt is and means but in their minds (it may mean something else entirely).

Is there Really a Difference if You Just Plead Guilty to a Charge versus Challenging the Evidence (proof) against YOU and Being Found Guilty of the Charge?

The easy and fast answer is that there is NO difference. Whether you plead legally guilty or are found legally guilty you wind up at the same place. You wind up in front of a judge for sentencing (punishment). Under the law, it looks the same on paper, on the final documents.

See my next blog post and video to understand why (pleading to the charge OR being found guilty to the charge) they are NOT exactly the same.

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 Why Do the Police Usually Charge More than One DWI?

People call me confused, why did I get all these tickets? BTW Tickets, also known as UTTs (uniform traffic tickets) can be at various levels: violations (infractions/non-criminal), misdemeanors and felonies (criminal). You can have and get New York DWI tickets.

People want to know why did the police charge me with this and that? Why? Why? Why? They want to understand what they are up against. They want to know what they are facing from the Court, the District Attorney, .

New York Police Generally Charge More than One DW

The troopers, deputies, and officers will seek to charge more than one DWI. They want to charge multiple DWIs because then there is more for you to defend. Their more complete DWI case against you gets stronger with each and every charge levied. Now you will have to defend not only their personal (professional) opinion of impairment and/or intoxication but also the opinion of a breath or blood test result.

If You take a Breath Test and/or a Blood Test more than One DWI is Inevitable 

Giving a sample of your body fluids is a big decision. Many factors need to be taken into consideration before making it. It is not an easy black/white, yes/no type of choice. It has serious ramifications to not only the strength or weakness of the government's criminal case against you but also the long term consequences to your driving privileges.

If Your Breath or Blood Test Shows .08 BAC or Higher 

If you have a breath or blood test result of .10 BAC (blood alcohol concentration) then the state police will generally only charge you with alcohol related offenses. If less than that then they will re-test blood for other substances like THC. Some prosecutors will specifically send blood back for further testing if there is any indication of polysubstance abuse. Things like finding drugs or paraphernalia in the car will provoke further inquiry and further charges or an attempt at further charges.

If Your Breath or Blood Test Shows .18 BAC or Higher 

Some police and prosecutors will charge both the .08 BAC DWI and the .18 BAC DWI, in addition to the common law DWI. So in total three DWIs. Even though a .08 DWI is a sub set of a .18 DWI.

Can You be Charged with Both Alcohol DWI, and Non-Alcohol (Drug) DWAI Drugs?

You can be charged with both alcohol related DWI charges as well as non alcohol (drug) DWAI drug charges. This is common if the police find marijuana or smell marijuana. This is also common if they see a disconnect between your behavior and your low level of BAC on field or chemical testing of your breath.

KEY TAKEAWAY: 

Remember it is in the police or prosecutor's ultimate discretion to increase (add) charges or decrease (dismiss) charges depending upon the evidence. They have a stronger case of proving one of the DWIs or DWAIs (drug or alcohol) if they charge more than one.

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 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.