Old Cars Aren't as Safe as We May Believe: Question Your Beliefs

I had one of these, even had the redlines, completely stock.

I love cars! I have had, enjoyed, and adored old cars, new cars, sports cars. I love them for their mechanics, engineering, innovation, and design. They speak to me of freedom and patriotism. They are a moving tribute to America and the embodiment of liberty. You can call me crazy but driving is more than getting from point a to point b for me. I have a friend that loves Camrys. To me that is like loving an appliance. That is like loving your can-opener or toaster oven, a great utility but without passion or enthusiasm for the underlying symbology or significance of the automobile.

Today I watched a video that was an eye opener. I probably had seen it before, it's certainly not new but it resonated with me today.

Crash Test 1959 Chevrolet Bel Air VS. 2009 Chevrolet Malibu (Frontal Offset) IIHS 50th Anniversary

https://www.youtube.com/watch?v=joMK1WZjP7g

I guess what we all would like to believe is:

1. They don't make'em like they used to (thank G-d)

2. Them old cars are like tanks (not! watch the video)

3. New cars are less safe because of all the plastic, and they aren't made very well or made to last

What's "THE TRUTH?"

Speeding Through The Village of Cayuga Heights

Cayuga Heights Police Station and Courthouse
836 Hanshaw Road, Ithaca, New York

The little hamlet of Cayuga Heights is quiet, peaceful, and slow moving. That is why I see and hear about so many speeding tickets around here. For the most part, the speed limit is 30mph. It is easy to go much faster than that when going up and then down our hilly terrain (hence the name heights).
The three most common cases I defend here are related to DWI/DWAI drugs, speeding, and unlawful possession of marijuana, NYS section 221.05 UPM.

Court is Held Every Tuesday and the First Thursday of Each Month

Cayuga Heights has a small but effective police force. They patrol the area regularly, and some of their unmarked (all black) cars can be rather stealth. The grounds of Cornell University are situated right nearby so it is probably not in your best interests to smoke pot or drink in any of the outside areas/parks/golf courses. I can't even imagine telling you the number of marijuana charges this village racks up in any given year.

One of the Newer Marked Sport Utes

The Village Justice is Judge Galbreath. He is a Cornell law professor by day. Which is why those attorneys appearing before him best be prepared. If you are asking for anything you better have good reasons, and an explanation.

This Court can be very busy at times with 1,000 to 1,500 cases per year. That said, the village court clerk, Pat Kannus is on top of things here, and out of the hundred plus courts I go to this is one of the better ones by far.

Things to know: 

1. Court starts promptly at 6:00 on Tuesdays and 5:00 on Thursdays. 
2. Sign sheet is out for attorneys and their clients.  
3. Assistant District Attorney is Andrew Bonavia of the Tompkins County District Attorney Office.
4. The Court is in a rather old (not well ventilated) but beautiful building, that said dress in layers here. It can be very hot in the summer, and cold or hot in the winter months.
5. There are three bathrooms (one in the court itself) and two outside the court.

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

Ithaca Cortland Lawyer Gets Complete Dismissal of a Speeding Ticket

It can happen, the Complete Dismissal of a ticket. 

Speeding tickets can be nasty business. They can cause short term(fines, surcharges, points, license suspensions), and long term pain (increased car insurance premiums).

Sometimes we can decrease the ticket mph through plea bargaining. Sometimes we can change the infraction (the offense) to something less caustic (irritating). Sometimes we can also completely eliminate the ticket.

The video above highlights two recent cases where we were able to get speeding tickets completely dismissed. The complete dismissal is the exception not the rule but it can be done.

Case ONE, 53 mph in a 30 mph speed zone. 

A 6 point moving violation, would have had hundreds in fines, three years NYS DMV surcharges ($100/year), plus increased insurance costs:

I filed a demand for a supporting deposition along with my notice of appearance to the Court.

They did not send me back a Supporting Deposition with the 30 day time period allowed by statute. I then filed a motion to dismiss the ticket based upon their violation of the law.  

Case TWO, 110 mph in a 55 mph speed zone. Crazy Fast!

An 11 point ticket, automatic suspension, HUGE fines, three years NYS DMV surcharges ($$225/year), plus increased insurance or maybe even being dropped?

I filed a demand for a trial (there was NO offer or plea bargaining with this speed in this Court), cop was a NO show so ticket dismissed.

It begins here but where it goes is up to you and your lawyer
from somestuffaboutmoney.com

To learn about New York's Proof Level for Traffic Violations see my blog post here:

http://ithacadwi.blogspot.com/2013/10/avoca-lawyer-new-yorks-high-proof-level.html

or my blog post on NYS DMV's classification of serious traffic offenses here:

http://ithacadwi.blogspot.com/2012/10/new-yorks-evil-triad-dmv-classifies.html

or Why the need for speed is so costly, here:

http://ithacadwi.blogspot.com/2012/06/ithaca-lawyer-why-sometimes-need-for.html

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.

I am a co-author of Strategies for Defending DWI Cases in New York, both 2011 and 2013 editions:

Leading Lawyers on Understanding Today's DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition

newman.lawrence@gmail.com
607-229-5184

Ithaca Cortland Traffic Lawyer When is a Guilty Plea Not a Guilty Plea?

The fast answer is "when the guilty plea is qualified" it is NOT an acceptable plea of guilt. Judges must accept pleas, they must give their consent before the plea is accepted and sentencing is announced.

I have people call me about speeding tickets. This one caller wanted to know why since they checked off the guilty box, ie. sent in a plea of guilty to the Court,

Why did they receive back a response letter that stated that the Judge had set it for trial? They didn't ask for a trial?

How did that happen? Why did that happen? So many questions so little time.

If the Court (Judge) had accepted the guilty plea they would have just assessed a fine (based on a range), and the applicable NYS surcharge. If the plea was accepted they would have received a fine notice letter but they did not.

What they forgot to tell me was that they checked the guilty box BUT also included an explanation. This little explanation amounted to qualifying the plea. I am guilty BUT not really because my speedometer was broken, or I wasn't really going that speed, or the road was not clearly marked.

Judges cannot accept pleas of guilt that are not complete, voluntary, and based in fact. More serious criminal cases involve an allocution. This is where you (under oath) must state for the record you are not under the influence of any drugs, in a right state of mind, realize and understand all the rights you are relinquishing, potential consequences of pleading guilty, nature of the charges, and give facts that prove to the Court that you did in fact have a basis in fact for your plea of guilt.

If you in any way are denying guilt or refuting some or all of the charges against you that amounts to a NOT guilty plea. If you did nothing at all (no plea) the Judge must assume you are entering a NOT guilty plea. My advice is to consult with an attorney before committing to any plea.

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