Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
We are at a cross roads with marijuana in this country. Cannabis use is trending nationally both medically and recreationally. Laws are changing for it's use but we have multiple standards that define when and if someone can drive. We have active delta 9 THC laws, inactive metabolite THC laws, and then we have "per se" laws.
We only have one drug nationally that is defined with a number and that is alcohol at .08 BAC. The only reason all 50 states adopted that number was by the coercion of the government. If they wanted funds for their highways then they needed to implement .08 BAC.
Are we going to see a marijuana per se law nationally?
Can cannabis be quantified by a per se law?
Is it fair to lump marijuana impaired driving with drunk driving?
Ok 420 is coming this Friday, and I am ever mindful of the power of the flower. Marijuana is truly a remarkable plant that can help many people. I believe it the key to this opioid crisis that is killing thousands of people. It's uses medically for PTSD, anxiety, and a host of autoimmune conditions is staggering. Unfortunately it is still a federally controlled substance.
Using cannabis in New York be mindful of just three No's and ONE huge positive YES...
Over the course of my years of practicing in the Finger Lakes region we have defended many college students from SUNY Cortland, SUNY Binghamton, Cornell University, Ithaca College, Keuka College, etc. Marijuana use seems to go with college like cereal goes with milk.
It is now legal recreationally or medically in so many states BUT some people think that New York State has completely decriminalized marijuana, sometimes it is only charged as a violation, but even in relatively small quantities it can be charged as a misdemeanor or even as a felony (if sold to minors).
The New York Times recently did an article on Marijuana's New York history.
It is always a bad idea to travel with marijuana. Because of it's pungent and familiar odor police have a reason to go through your belongings. If you are stopped for speeding, an unsignaled lane change, etc. watch out. Things go south fast.
NOTE: After any lawful arrest in an automobile in NYS the entire car is subject to search top to bottom, inside and out. So much for your 4th amendment rights in New York State.
Walking Outside Smoking Marijuana in New York
Outside, in a public park or on the street we have a different story. Police will sometimes make a false statement ie. lie to get an arrest. I know, as unbelieveable as that may sound Virginia, it happens. Law enforcement will tell college kids that they "have to" make a search. That if they want to avoid an arrest they should empty their pockets, and to show them what they have or else? Legally they could only pat you down for weapons, but to go into your pockets requires permission or probable cause, but once the marijuana is exposed to public view we have a full blown misdemeanor.
Ranking New York State Marijuana Offenses (least to highest level)
Here is a ranking of the New York State Pot Laws from least severe to more severe (in terms of penalties and consequences):
1. UPM under Penal Law 221.05: Unlawful Possession of Marijuana
Is not a crime (criminal level)it is merely a violation BUT since marijuana is a controlled substance under FederalLaw a plea of guilty will make you ineligible for Federal Financial Aid (thank you President Clinton) for one year. It as to go on your FAFSA application.
Side note: Marijuana is not considered a controlled substance under New York State Law but we are discussing Federal Student Loans, Federal Work Study Monies, Federal Grants, and the Federal Hope College Credit.
UPM is possession of less than 25 grams of marijuana.
In the majority of these cases (with first time offenders) your attorney can move for an ACD (adjournment in contemplation of dismissal) or a straight dismissal of the charge. The judge will set the term of staying out of trouble (no new criminal charges) FOR EITHER 6 MONTHS OR ONE YEAR. It is in his discretion. Also in his discretion is whether there is a substance abuse evaluation. Some judges also require community service.
The next level up of Marijuana offense is:
2. CPM under Penal Law 221.10: Criminal Possession of Marijuana in the 5th degree.
This where the marijuana is either open to public view, burning, or where the amount is over 25 grams but less than 2 ounces. CPM is a crime. It is class B misdemeanor.
The next level up of Marijuana offense is:
3. CPM under Penal Law 221.15: Criminal Possession of Marijuana in the 4th degree. This is where you have more than 2 ounces but less than 8 ounces. Now that's what the District Attorney will say is real weight, and they are thinking at this point you are dealing drugs and not just possessing them for personal use. CPM in the 4th is a class A misdemeanor.
4. Penal Law 221.35 is for the Sale of Marijuana. All that is necessary is less than 2 grams or one joint/blunt. It is a Class B misdemeanor. Sale is a very loose term under the statute. Sale also includes gifting or an exchange of anything, as no "consideration" is needed under the statute to consider it a sale.
5. Penal Law 221.40 is for the Sale of Marijuana. Less than one ounce. It is a Class A misdemeanor.
The next two levels are where we move from misdemeanor level offenses (less than a year in jail) to felony level offenses (more than one year in jail). Misdemeanor offenses can be handled by City, Town, or Village Courts. Felony charges are only handled at the County Court level.
* Beware that Sale of More than ONE OUNCE moves the offense to Class E FELONY Status in New York State (punishable by up to 3 years in State Prison).
* Beware of New York State Penal Law 221.50. Sale of Marijuana to a minor (a person less than 18 years old). It is a Class D Felony Status. Which is punishable by a term of 4 to 7 years in State Prison, that's not county jail.
I would like to end off with the GOOD NEWS about number 1 through 5 above:
That Penal Law 221.05 UPM (Unlawful Possession of Marijuana), Penal Law 221.10 CPM (Criminal Possession of Marijuana) in the 5th degree, Penal Law 221.15 CPM (Criminal Possession of Marijuana) in the 4th degree, Penal Law 221.35 Sale of Marijuana, and Penal Law 221.40 Sale of Marijuana are all covered under the First Time Offender ACD statute.
Getting Marijuana Charges Completely Dismissed with New York Criminal Procedure Law Section 170.56
Called an "ACD for Marijuana" as in your get one free bite at the apple. In New York you can use this ACD section one time in your lifetime.
Captioned as "Adjournment in contemplation of dismissal in cases in involving marijuana."
If a person qualifies under the statute a motion can be made by his attorney, and then his marijuana charges may be dismissed in the future, and all his official records and papers relating to his arrest and prosecution, whether on file with the Court, the police, or the New York State Division of criminal justice services will be sealed and not made available to the public or private agencies.
Upon the granting of such an order by the Court, the arrest and prosecution can be considered and deemed a nullity (as if they never happened) and the person shall be restored to his or her pre-arrest status.
If of course someone has has other prior charges (relating to marijuana and/or other drugs) then his attorney can potentially negotiate to some other non-criminal disposition, such as disorderly conduct. This is a violation and all the records of the arrest and prosecution would be sealed at the local level.
Some of the funniest internet stuff involves cats?
Hanging out with my adult kids teaches me stuff. Some stuff I know about but not always the names of stuff. Seems like there are many more college drinking games these days or maybe I just don't remember. Mixing drugs has been around forever but calling it being "cross faded" has not. Marijuana plus alcohol = cross faded. Technically cross faded means drunk and high, be it pills, grass, or coke is still cross faded. In many cases this leads to puking or at the very least being sick.
How dangerous is it to drive while cross faded? Is it any less dangerous for the chronic THC user? Does alcohol increase the effects of THC?
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?
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?
Generally speaking people do not go to jail or get sentenced to jail time for a New York State traffic ticket. But there are instances where your traffic ticket is more than a normal moving violation. Sometimes a ticket is really a criminal level offense that a judge would be compelled to sentence you to a term of jail. On the ticket itself the box marked misd means misdemeanor. Misdemeanors and higher are criminal level offenses. Now legally speaking in New York State a town, village, or city court judge could sentence you up to 15 days in jail for a violation level offense. Offenses like disorderly conduct, DWAI alcohol, or even speeding could receive up to 15 days in the local county jail.
So what situations or traffic violations could bring a short term of jail in New York State?
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?
New York State has a special set of laws and regulations for marijuana. In fact, a small quantity of pot is merely a violation in New York State. It's called UPM (unlawful possession of marijuana) under NY penal law section 220.05 Any amount from resin (yes resin in a pot) to 25 grams is still UPM in New York.
But be mindful that even resin Unlawful Possession can still carry many collateral consequences outside of court like ineligibility for Federal students grants, loans, and aid. What's far worse than garden day variety weed is concentrated marijuana.
How does New York define concentrated cannabis and how is that different than being charged with a Penal law section 221.05 UPM?
Quadriplegics Aren't Protected Under Federal Marijuana Law
As we all stand witness to both the changing laws and the growth of the marijuana industry I am greatly troubled by all the injustice. But Larry twenty five states have medical marijuana and eight have recreational marijuana, isn't that great progress? Well yes and no because the law is still greatly imbalanced and confusing.
We have no uniformity with what driving while high on THC even means, we have four different standards nationally for driving impaired by THC. We have no uniformity for the medical use and prescription of marijuana amongst the twenty five states legalizing it's use. And we still have Federal law on controlled substances which just this past year has labeled marijuana as Schedule one right next to heroin and LSD. A recent Colorado case highlights just how messed up things still remain.
When a quadriplegic can't use his legalized medical marijuana without punishment well what about the average joe?
Just this month a New York Times article really brought to light how we are living in dangerous times. The best of times and the worst of times when it comes to the legalization of marijuana. With more than twenty five states now with medical pot and many with recreational marijuana sales in the billions are we heading for National legality? Are we as far as we think we are progressively when it comes to accepting marijuana for what it is? If you hold a teaching certification or other professional license in New York State is it dangerous to smoke or consume marijuana while on a Colorado or California vacation?
When I go to the dentist, and he finds a cavity I know that that means drilling. I don't look forward to the experience but worse than that is the fear while he is drilling. Because I imagine that things are trending worse. The big question: how deep is he drilling? This procedure is heading in a bad direction, and my mental discomfort elevates as he goes deeper. Much like the dentist and his trajectory of pain I worry about how drug use and abuse in college and universities is on the rise. Just how much has prescription drug abuse, alcohol abuse, and illicit drug use increased over the
past few decades?
Many people don't realize that a New York State DWAI (driving while ability impaired) by drugs is really a controlled substance offense no matter the drug. Even though marijuana is the most common DWAI drugs offense to be charged, and even though New York does NOT classify marijuana as a controlled substance. Why is this true? And more importantly why should this matter to anyone?
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?
Little Ithaca, NY is no more than a blip on the map but things do happen here as evidenced by a recently published Ithaca City Court decision. This particular case involved pot smoking in one of our beautiful little downtown parks. You see marijuana is ubiquitous to Ithaca as well as those who like to partake. Yes New York State now does have "medical" marijuana but we are a world away from the medical use of marijuana in California or even New Jersey. But that is a story all it's own for another day. The police here still view pot in a criminal way and not a casual one. You know where people just relax and breathe deep amidst the joys of nature.
The Ithaca, NY Mix of Pot, People, and Public Parks
When you mix up pot with people in a public place you can see how things can go abit awry. The case is called People v. Brukner, see the full legal decision here:
Mr. Brukner was merely hanging out with a bunch of his friends in Dewitt Park on a lovely July night. Oh the Ithaca weather in July is delicious. The summer time is truly the time to enjoy all that the Finger Lakes have to offer. It is a welcome respite after enduring another harsh and brutal winter. The cold in Ithaca is not just a temperature thing it's a severely depressing one with tones of grey and night ocean blue.
I get phone calls, emails, and texts daily asking the same question over and over, what if I didn't know that was the law? In my state it's ok to. I didn't know that in New York State:
1. It's illegal to use my portable GPS, iPod, etc. while driving, I thought it was just phone calls?
2. It's illegal to not change lanes when I saw an emergency vehicle or police car pulled to the right?
3. It's illegal to use my medical marijuana (for which I have a card in NJ/CA) in New York State?
Upon the entry points to many states there are signs posted concerning their move over laws and their phone/electronic device law, but are they always apparent and easy to see?
Ignorance of the Law is Not an Excuse or a Valid Legal Defense
We are held to all the rules and laws of whatever jurisdiction (state/country/province) we find ourselves in or visiting. Here's another recent example:
One of my neighbors placed a package by the building mail boxes:
Does he have to be told by the Postal Service You can't do this!
The US postal rule as posted on a local mailbox, does his box weigh over 13 ounces, you betcha!
Rules and Laws of Wherever You Are are Important to KNOW
My neighbor won't be arrested for this but his package ain't going to move very far. Does he have to learn the postal rules and laws? How many of our rules are common sense and how many are open for interpretation?
In GA and Ohio you can't ride a bicycle high or impaired or intoxicated? You can in NYS. In PA you can't ride a horse or horse drawn carriage high or impaired or intoxicated? You can in NYS.
Who knows any of this stuff? In Colorado many now know that marijuana is legal both recreationally and medically. But although smoking and possession are legal you Can NOT legally smoke in public areas.
Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Metabolites are NON ACTIVE and MAY BE THERE A LONG TIME!
from tokeofthetown.com
More and more I see the police charging DWAI drugs in Upstate New York. After DWI alcohol charges this is the second most common with marijuana (THC) while driving cases. After all marijuana is the second most commonly used substance after alcohol.
It is too easy to say, "Driving while Drugged." But there is quite a bit of difference between having a drug in your system, and being impaired by a drug in your system.
In order to prove New York State DWAI drugs VTL 1192 (4), the government must prove 4 things.
This is from the case of People v. Kahn, 610 N.Y.S.2d 701
The four elements of the crime are:
1. You ingested a DRUG (ingested aka ate, snorted, smoked, shot)
2. The DRUG (substance) was on the list of Public Health Law section 3306 (see, VTL section 114-1)
The list is crazy long and inclusive.
3. After ingesting this DRUG you operated a car (see, VTL section 125)
4. While operating the car your ability to operate was impaired by the DRUG.
Significant to EVERY prosecution by the government is Proof beyond a reasonable doubt that YOU suffered impairment to any extent of your physical AND mental abilities that YOU are expected to possess as a reasonable and prudent (safe) driver.
In People v. Kahn, there was found benzos (benzodiazepin) in the urine. Now benzos in the urine can be detected sometimes 2 weeks after ingestion. Urine measures metabolites (the byproducts of the break down of drugs).
Benzos in the urine can last for weeks!
from shop.cleanu.de
A blood test would have revealed a true measure of drugs in the blood stream at or close to time of driving. In addition, Kahn testified to his intensive traveling before driving, his unfamiliarity with his daughter's car, and his overall fatigue.
The Main Argument in any DWAI drug case is "Totality of the Circumstances"
Totality of the circumstances = behavior plus DRUG ingestion. The government will probably not have much difficulty proving the first three elements of most DWAI drug cases.
1. Ingestion can be proven a number of ways: admissions, finding of drugs, smell of drugs, DRE (drug recognition evaluation), urine/blood test. Of course Blood is infinitely better to prove a DWAI drug case than Urine.
2. DRUG (substance) was on the list.
3. You drove (operated), which is less than real/actual driving in NYS.
4. Impairment by a drug affecting your operation?
Their real prosecutorial burden will likely be on ELEMENT NUMBER 4.
Are there good reasons to explain YOUR behavior and driving?
Are there both mental and physical behavior factors other than drug influence?
A Successful (defense) Conclusion to a Weak Urine Case
A case (a defense) can be made that the "mere presence of a metabolite (urine test for drug) in the urine
plus tired behavior DO NOT = DWAI drugs" as I paraphrase the Kahn Court.
Mr. Kahn had a bench trial in front of a judge. He called in a drug expert who testified about the drug, the drug metabolite's presence in the urine, and his opinion as to Mr. Kahn's behavior. The judge found Mr. Kahn NG (NOT GUILTY) of DWAI DRUGs.
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.
I had a roommate like this but with my cookies from classicruby.com
New York Police use different enforcement techniques or methods depending upon the situation. When out patrolling the roads and by ways their eyes are on alert status for the abnormal or the out of place/position car. It helps if it is in between the hours of 10pm and 4am, because at that time of night many cars out and about at that hour have drivers and/or passengers under the influence of something. As an aside, I know from my clients food inclinations at that hour that the Ithaca Taco Bell on Route 13 closes at 2am.
First Questions: Narrowing the Field to "Impaired" Driving
Law enforcement must first discern if the negligent driving or bad driving or distracted driving is really "impaired" driving. That is, is this person under the influence of drugs or drugs and alcohol or just alcohol AND who is also unfortunately driving poorly because of that condition.
Tired, Lost, and Sick Can MIMIC
Tired driving or medically sick driving or I'm lost in Ithaca driving can also mimic impaired driving so the first question is always what do we really have?
If police smell alcohol, they assume you have been drinking.
The first line of questions: Have you been drinking? Have you had anything to drink tonight? What have you been drinking?
The second line of questions: Where have you been? Where are you coming from? Where are you going to?
THE LAW ENFORCEMENT DWI INVESTIGATION
If ALCOHOL has been consumed and verified by the questions then they move to a DWI (intoxication) investigation. Remember in New York State an "Intoxication" crime like common law DWI is a purely ALCOHOL offense.
Police testing for alcohol as the cause of impaired driving will follow a specific protocol. This will first involve the SFSTS (standardized field sobriety tests). There are three main tests: HGN (horizontal gaze nystagmus) eye test, walk and turn test, and one leg stand test.
TIME: If instructed, directed, and scored properly these take around 10 to 15 minutes. Sometimes officers do them in less than 5 minutes.
PLACE: They are done at roadside. Outside and subject to conditions (road and weather).
WHEN GIVEN: They are done/given (performed) pre-arrest.
WHO: They are usually given by one officer.
WHEN SCORED/NOTATED: They are usually scored, recorded, and written about by the officer post- test and of course post-arrest.
ALCOHOL TESTS: These tests were primarily designed and created for alcohol testing. Scoring is based upon a 0.10 BAC (blood alcohol concentration).
THE LAW ENFORCEMENT DWAI DRUGS INVESTIGATION
If the police believe you have taken DRUGS then the investigation will change to a DWAI (impaired by drugs) investigation. Did you admit to drugs? Did you make any drug based statements? Did they find drugs on you and/or in the car? Did you submit to a blood, or urine test?
THE "WHAT IF" GAME
WHAT If they have NO statements, WHAT if they have (found) NO drugs, and WHAT if they have NO tests then
HOW CAN THE POLICE STILL PROVE YOU ARE DWAI DRUGS? By using a DRE. NOTE: New York State Courts allow the police to prove drugs by using a DRE (Drug Recognition Evaluation). A DRE is an examination and testing by a certified DRE(Drug Recognition Evaluator).
Police testing for DRUGS as the cause of impaired driving will follow a specific protocol. This will first involve twelve steps or stages. In dramatic contrast to the SFSTS, the DRE is very different.
TIME: If instructed, directed, and scored properly these take around 60 minutes.
PLACE: They are done back at the station in a controlled environment.
WHEN GIVEN: They are done/given (performed) post-arrest.
WHO: They are usually given by more than one officer. One will be the scribe and take notes.
WHEN SCORED/NOTATED: They are usually scored, recorded, and written about by the scribe contemporaneously, at the exact time of the exam.
TESTS: These tests were primarily designed and created for drug category testing. Scoring is based upon a seven categories of drugs.
Sometimes the police will find both alcohol and drugs. It is in their ultimate discretion whether they pursue both alcohol and drug charges. Sometimes a blood test will be requested and ordered.
New York State Police Lab protocol only checks for drugs if they rule out alcohol as the source of your impairment. In other words, they will stop looking for anything besides a BAC (blood alcohol concentration) if they have over the legal limit.
BUT some District Attorneys will send the blood back and demand a search for drugs in the blood. Again this is in the DA's discretion. Some offices like to charge as many crimes as possible. With drugs and alcohol over .08 BAC, YOU can be charged with at least FOUR DWs:
DWI common law VTL 1192 (3): the opinion of the police
DWI per se VTL 1192 (2) .08 or more: the opinion of the breath test for alcohol
DWAI drugs VTL 1192 (4): commonly a marijuana DWAI
DWAI combo (drugs plus alcohol) VTL 1192 (4) (a): alcohol plus THC or other drugs
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.
New York City Port Authority Sign Taken by moi on my most recent field trip
Two years ago I discussed the re-vamping of the DSM (diagnostic and statistical manual of mental disorders) aka the manual aka the bible of mental disorders to it's newest, greatest, and latest edition V.
While Number 5 is still gaining ground it is still not quite mainstream IMHO. Most (the vast majority and everyone I know) of the therapists, evaluators, OASAS assessors, doctors, and clinical social workers are still stuck on the older DSM edition IV, and it's commensurate antiquated verbiage.
We are, face it still living in the age of "addiction." The terms abuse and dependency are still on every evaluator and therapist lips, so I was surprised two weeks ago at what I saw posted up at the New York Port Authority Terminal. A large poster of a child, and the words "7.5 million children in the U.S. live with a parent with an alcohol use disorder"
It finally happened, not dependency, not addiction but the first use publicly of the catch-all term:
"USE DISORDER"
The fear has begun, and I am here to say, no I am here to state, that the use of these new terms is scary. Because the new terms are vast, vague, and so all encompassing. There are in fact:
alcohol use disorder
substance use disorder
marijuana use disorder
etc. use disorder
and the treatment called for is ,,,
you name it depending on how the evaluator feels about the severity of the use disorder and it's context.
Is this
Diagnoses that are non-specific
Vague definitions give clinicians great leeway. BUT they can lead to everything from non invasive to fully invasive methods and treatment. These can give the therapists and evaluators IMO too much control based merely on an opinion and too much subjectivity to make a diagnosis let alone formulate a proper and appropriate treatment protocol.
Are we moving forward or backwards? Hard to say at this time. Harder still will be getting judges, prosecutors, and probation officers to understand all these new terms and definitions.
The New DSM V is Not Bad "per se"
I used the book (the old DSMs) in college and in my practice for many years. Even physical diagnoses as a Chiropractic Physician sometimes had a mental overlay. Treatment of a whole person required understanding mind and body. Untreated mental issues prolonged physical ones. Anxiety and stress, and manic-depressive (bi-polar) conditions are all too common within our population. Proper and appropriate diagnostic work ups and treatment need to be part and parcel of the management of any disease including those involving drugs and/or alcohol.
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.
My daughter is about to move to Colorado. Our nest is down to one kid from four. I think the legalization of marijuana is going to bring new issues and challenges as the country deals with increased numbers of "THC DUI/DWAI drugs" cases.
These new Colorado PSAs are really clever, and funny. I think the marketers really thought about their target audience before throwing them together.
Pot is a Major Mental Distractor
The PSAs are so true because when you are that high, as in baked, and I have been that high (yes, I inhaled and deeply) your brain/mind is so far away from the reality of your situation. That is why unless you are seasoned THC user (I have met some) your ability to function normally is greatly impaired.
From My Basement in Brooklyn to College
I experimented with pot as a kid. I loved to listen to music (Led Zeppelin, Yes, ELO, Hendrix) in my basement and relax. Not my favorite drug (I'm more of a caffeine fan) but it was fun. When I first graduated Chiropractic college (1986) we had a big final party. They served these funky brownies. It took awhile for me to feel anything, so I probably ate one too many. Then it hit me like a ton of bricks. This was my worst ever THC experience. The high went on and on, for more hours than I would have enjoyed. I was scared that I would never ever come down. Anyway, indulge but please don't drive.
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 480 informative videos on my youtube channel.
