Ithaca DWI Lawyer: Dealing with a New York License Suspension

See below to read Notice of DMV License Suspension

In a perfect world, someone gets a traffic ticket and deals with it in a timely manner. Whether they do it themselves or with an attorney IT (the ticket) is handled and put to rest.

In the real world people are busy, they move, they change jobs, and tickets get forgotten. Sometimes it is unintentional as in, OMG I forgot about that one or sometimes it is intentional as in who gives a crap what New York wants I live in Boston.

Traffic Tickets Must Be Dealt With OR Else? Or Else What?

30th Anniversary for New York State's Seatbelt Law

Hypocrisy, I love it!

You know one of the things I love about NYS is it is progressive. In 1908 henry Ford made driving affordable to everyone as long as you liked a black car. The Model T was a bargain at $260. Soon thereafter America and Americans went to the road in droves. The great American love affair, yours truly included would soon follow. Because of the proliferation of motor cars, and then developing mega-highways the number of accidents also went on the rise.

New York State Passed the First Intoxication While Driving Law

We were the first state with a drunk driving law. In 1910, after countless numbers of people were killed or worse, maimed by unfit drivers NYS passed the first DWI laws. It loosely defined "intoxicated" as being unable to drive. We have come a long way in some respects.

New York State Passed the First Seatbelt Law 

In 1984, NYS passed the first mandatory seatbelt law. Thirty years ago after it passed the legislature they gave people 30 days to get used to the idea of having a belt around them, and their children. Before that time kids used to fly about in cars. I remember once going out the back door of my mother's friends cars on a sharp turn. I was too young to make a big deal of it, I don't think I was hurt, and she never mentioned it to anyone.

It was fun to be in the back of a station wagon, lots of freedom to play, and move about. Safe? I don't think so but neither was the cigarette smoke filling the air. Yeah, they didn't know that second hand smoke affected anyone, the glorious denial of the times.

Seatbelts are NOT just for Adults

Thirty years seems like yesterday before cell phones, internet, social media, and bluetooth devices. The real issue with seatbelt laws in New York is not so much against drivers or their adult passengers.

The real issue is and has been CHILDREN in seat belts. I have four kids, although they are not kids anymore, they are now young adults. They no longer squirm out of their seat belts and they don't usually take them off to get comfortable on longer trips, BUT they did. All the time, kids take off their seat belts to play, to sleep, and to just get comfy. Hard to relax or hours on end with a belt around you.

Parents are Punished for the Sins of their CHILDREN

If it wasn't enough to deal with car sick kids. Believe me, I have cleaned up my fair share of vomit, New York will punish you even if you are NOT to Blame or at Fault or even knew about your kids being unbuckled. The bottom line: Kids cost. They are worth it but it can be painful at times.

Typical situation is a parent driving through NYS on Route 17/86 or Route 390. Passing through mostly farm land, Steuben County, Chemung County, Tioga County, wide expanses of road with nothing much to see or do. They are either going up to Canada or Niagara Falls or Buffalo or just passing through and this long trip is boring and painful to their little children.

The children are squirming and complaining. Their seat belts may or may not be fully engaged or on. Then mom or dad gets pulled over for speeding. This is common and happens every day. The troopers look in the back of the min van or car and see kids improperly belted or unbelted.
This is coded by the troopers (I say trooper because their are numerous barracks along 17/86) as
New York VTL 1229 (c) failure to use a seatbelt on passenger under age 4 or age 16.

VTL 1229 (c) (1) NO Child Restraint Under Age 4         3 POINTS
VTL 1229 (c) (2) NO Seat Belt Under Age 16                  3 POINTS

Who is to blame? Not the kids, the parents are guilty and each seatbelt violation is potentially three (3) points upon their driving record. If that was not bad enough PLUS NYS court surcharges PLUS potential insurance rate increases PLUS if a total of six (6) or more points a

THREE YEAR driver responsibility (more like irresponsibility) SURCHARGE of $100 per year for three years plus $50 for every year for very point over six points. Example: Eight (8) Points =
$200 per year for three years.

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

How Many Times Must YOU Appear for a NY Traffic Violation?

"New" Vehicle and Traffic Law section 1806 is NOW five years old 

Having to physically show up to court over and over sucks. It sucks for regular (lay) people, and it also sucks for their attorneys. It is a true time waster in every sense of the word. What could be handled or settled or negotiated or resolved in less time and less effort and less money drags on and on. WHY?

Form Over Substance

Why after all are new laws proposed, and then passed by our legislators? New laws are aimed at helping all of us but without common sense in their substance they end up making things worse.

I recently had a Court demand my physical appearance on a ticket case. To demand that an attorney physically appear to resolve a rather simple traffic violation with no aggravating factors is frustrating. This is especially true when it is a 7:00 PM Court in the middle of nowhere. Is it any wonder that my next Court date in this Court is also scheduled 3 months away because the Court is so backed up with tickets. This costs everyone more, not good, certainly not justice or fairness for people by any stretch of the imagination.

The NOT so NEW New York VTL Law Section 1806

In 2009, the New York State legislature changed traffic tickets throughout the state to an almost mandatory three stage process:

1. Initial (first) appearance
2. Pre-trial conference (discussion/negotiation of matter with judge and DA or ADA)
3. Trial (police show up ready to go)

In the real world, tickets, violations get negotiated with prosecutors daily via phone, fax, email, and mail. Most offers on these types of matters are then approved by the judge. Most ADAs don't give plea offers that won't be approved by their respective judges.

If you look to the picture above you see one of the Courts using and almost with a certain glee flouting Section 1806 as a mandate to physically appear. They might be using it as an excuse for whatever reason. In many places we can still handle these tickets (violations) within a two stage process or even a one stage process IF we have all the necessary paperwork and documentation prepared in advance.

IMHO With or without new law common sense must prevail because without it we are all going to be spinning our wheels and going nowhere fast.

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

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 Lawyer Whose Definition is It? The Lie of Truth

Ain't that the Truth
from yalerecord.com

What is the truth about anything? People love to argue over what is and what is not. Definitions come from someone and they come from somewhere but who, what, and where?

Well first off, how something is defined is by more than just one filter but many:

the filter of place (a state, a jurisdiction, a city, a country, a locality have you),
they are also defined by a filter of time (a date),
they are defined further by a filter of culture,
and even further by a filter of personal perspective.

So what we may believe is good or bad, black or white, or variants of legal or illegal, or fair or unfair must pass through all of those filters. What was true yesterday may be untrue or false today. What was good before is now ok or even terrible.

I recently had a person hire me for an appearing simple ticket matter which became more complicated as I learned more of the circumstances surrounding it. As they say, the plot thickened. I was eventually left trying to explain why with all these "new" facts things would be harder.

Complications from Afar

Well their driver's license was from another state. This is usually not a terrible problem with a simple ticket but their state considered any action to their license privileges in New York would also bring the same action and much worse back home. This simple ticket could not be handled without a sit down or two with the District Attorney and Judge. We call these pre-trial conferences.

This action against it in that other state would be on top of any NYS penalties. I was not going to practice in a state where I was not licensed. So I called a lawyer friend in this state, and asked their legal advice. The news was not good or promising. I would have to flex my creativity muscles on this one.
Being creative to package a deal which may or may not have included increased fines, community service hours, a defensive driving course, pleading to multiple smaller violations with lesser points, or nondescript violations or what have you. A deal of sorts.

The Difficulties with Being Your Own Lawyer

I went back to the client, and their parents to relay the news. They first accepted it, and then they decided to do their own legal research. Well not really legal research more like trying to read their state's DMV handbook. Now remember a DMV handbook is NOT the law, it is a watered guideline. It is not even all encompassing or legal speak (definitions).

The difference between understanding law and legal process for a novice is hard enough but to compare a truly unlisted offense with a seemingly similar one is not something that even a lawyer would try and do.

The Bottom Line: Offenses which go beyond standard definitions need local practicing attorneys
for explanation, for context, and for guidance.

The Curse of Knowledge

Sometimes being smart can truly be a curse. I suffer the same fate, thinking that I am smart in some ways and things and then thinking that that I can apply that brain power to other disciplines, ahhh wrong! I have learned to trust the judgement of others. Especially those I hire and have no reason to doubt.

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

Oh the Dangers of Upstate New York Speeding with an Out of State Driver's License

Shooting them there FISHES
from odditycentral.com

I handle lots of speeding tickets in the Upstate (Finger Lakes Region) of New York. Many people from other states pass through this area on business and pleasure. Whether you are here for a few hours or a few days the likelihood of getting stopped for speeding is high. This is especially true for those from out of state. To the Troopers, it's like shooting fish in barrel.

Round' em Up
from toptenz.net

Wide open expanses of highway and rolling little roads where the speed limits are far lower than they need to be. People coming from bigger (more populated) places just can't help themselves. It's a little too slow, and a little too quiet for the majority of them.

One thing that always must be taken into consideration before discussing a plea bargain with the District Attorney is what's going to happen back in their home license state. Because, Well it can range from nothing to a lot. Talk about diverse and crazy laws.

If you are from New Jersey, ANY out of state points (from out of state tickets) come back to New Jersey as only 2 points. Get 8 in NYS it's still 2 in NJ.

But if you are from North Carolina, it's as if it occurred there, in North Carolina.

High speed tickets (15mph over the limit) are misdemeanors in North Carolina with mandatory driver's license suspensions. This is a good thing for your attorney to know BEFORE going in to discuss any potential plea bargains or deals. It would be a bad to find out your NYS speeding ticket had triggered a surprise NC license suspension.

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

New York Traffic Misdemeanors: No Valid Registration, No Valid Insurance, and No Valid Driver's License

There is a world of difference between criminal and non-criminal charges. Criminal charges generally involve an arrest, booking, fingerprints and then they require court appearances, and lawyers.

In a word, the paper documents we call our car insurance, our driver's license, and our car registration are merely SYMBOLS. If there is nothing beneath them, no real validity to there physical presence and representation they are worthless.

The penalties can be huge:

Persons driving a car without valid insurance under NYS VTL section 319 face up to a one year license revocation. Fines between $150 and $1500 plus DMV fees of $750.

Persons driving without a valid registration under NYS VTL section 512 face jail time.

DO You Need to KNOW? 

I recently had a phone call. Grandson borrowed grandpa's car. He was arrested following a stop for speeding. How does that happen you ask? Well Grandpa had not kept up with the registration, ie. he didn't pay, and then let the insurance lapse.

He spent the night in jail because of this, and wanted to know WHY?

Why was he being held accountable for grandpa?
Why was he arrested for this?
Why was he now facing misdemeanor charges?
Why if he truly didn't KNOW, why was he at fault?
Why isn't grandpa being arrested?
I'm just the driver NOT the owner. What if the owner doesn't know and the driver doesn't know?

The Key: Some Crimes require KNOWLEDGE but NOT these.

Well Bob (not his real name), it works like this, you don't have to have KNOWLEDGE about the car not being valid, or insured. It is your responsibility to make sure that any car you drive is actively registered, insured, and that your license is valid. Just like you must make sure the headlights work and the car is safe.

So make sure that the car you borrow, even from family is fully up to date on it's coverages and obligations or else you may be the one paying the price for their irresponsibility.

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

Ithaca Lawyer: Can You Drive on a Foreign Driver's License with a Suspended New York State Privilege?

People confuse physical documents with actual privileges and protection daily. Just because you have an insurance card does not mean your insurance is in effect and valid. Just because you have a driver's license from a state does not mean it allows you to drive in that state or any other. Just because you have any document from any country does not mean that the paper carries any weight anywhere BECAUSE it is what is behind and in back of the documents that give (or imbue) them with any power or authority.

A Driving Privilege = A License to Drive 

If you drive in the state of New York, and
you incur a violation, and
you DO NOT address it (deal with it)
then you will most assuredly be suspended.

YOUR PRIVILEGES TO DRIVE ARE SUSPENDED ON THE COMPUTER.

You are now in the system as a violator who is irresponsible. This is sometimes referred to as a person who is a SCOFFLAW.   A person who SCOFFS the law.

It is an old prohibition term (1920 to 1933) for those that used to drink during a time when our country made alcohol illegal. Thank god that's over, but anyway, it is a person who doesn't follow the law. It is a person who "mocks the law or ridicules the law or flouts the law or fails to answer summons or pay fines."

If someone comes to New York from any state or nation they can drive on the license from that place legally. They will be afforded NYS driving privileges.

They may choose to apply for a NYS license or permit but regardless IF they violate the law they must comply or else they lose their privileges. Their license from any other place is now worthless here because in NYS the person with their name, date of birth, and social security (if any) is NOW a Violator, A SCOFFLAW.

SCOFFLAWS CAN NOT DRIVE LEGALLY.

If a scofflaw drives and is now stopped by the police they will then be charged with AUO 3rd.
Aggravated Unlicensed Operation of a motor vehicle in the 3rd degree, a criminal misdemeanor.

 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 Truth About The Interstate Driver's License Compact and NDR

1984 is Real, Soylent green is people, is peeeple ...
from dplanken.blogspot.com

One thing that I love about the internet is the ability to quickly and thoroughly research. As a lawyer I love language, what words mean, and understanding how things work. So when I encounter interesting information that is not well organized or well understood I see it as an opportunity to clarify.

The Interstate Driver's License Compact

So many attorneys state to state love to look and see if their state or the one their client was arrested belong to the Interstate Driver's License Compact.  Dinosaurs and the Interstate License Compact have a lot in common. Both have had their time, and unfortunately it has passed. Forty Five states (except GA, WI, MA, MI, TN) belong to the compact and share information about problem drivers (tickets, points, DUI/DWI) BUT the new database for problem drivers is NDR (National Driver Registry).

The Pecking Order

United States Government >

DOT (Department of Transportation) >
NHSTA (National Highway Traffic Safety Administration)>
NDR (National Driver Registry)

The NDR is a Repository for the Government.

A repository is a storage place. It holds records. The state DMVs then deposit in this federal repository. Very simple,  if you get a DUI/DWI/DWAI then your state DMV will report it to the federal repository.
Convicted of either a serious traffic offense (could be criminal or non criminal) OR a DWAI/DWI/DUI (could be criminal or non criminal) then it will be reported (deposited) into the National (Federal) database.

Under Federal law the state agency (DMV) also called the SOR "State of Record" that issues any license suspension, revocation, or license denial must report to the NDR within 31 days of the date they receive the Court conviction.

Convictions Don't Have to Be Criminal

Do not confuse conviction with anything criminal. You can be convicted of a criminal or non-criminal offense. Anything (any conviction) that effects a license is reported. In the world of licenses this is merely word play.

Any state that records that you have outstanding action or lack of compliance with a state/Court mandate:

such as: payment of fees, surcharges, assessments, failure to install an ignition interlock device, failure to complete drug/alcohol assessment/evaluation, or program can place a hold on your license privileges in that state which will then affect your ability to drive (have privileges) any other state

If You are unsure of where (what state) or what (type of hold) is holding you back from either getting or renewing a driver's license:

You Can Get Your NDR Record for FREE

1. Notarized letter requesting NDR file
2. send to

National Driver Registry
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590

3. Full Legal Name, DOB, height, weight, eye color, driver's license number and state (SS is optional)

If you find an issue, you have to take it up with the state of record (SOR) NOT the NDR, remember the NDR is merely the repository.

Any change to the NDR must take place after your state DMV contacts them and fixes it.

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

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 plus 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 490 blog posts, dozens of articles, and over 470 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

Respecting the Triad of Drugs, Weather, and Weapons

What comes around goes around!
from mindreadersdictionary.com

My father was a great teacher. He taught me to aim high, and to be responsible. He also only demanded one thing from me: RESPECT. He believed that if I respected him then a natural consequence would also be self-respect, respect for others, and respect for the world around me. I have respect for the system of justice we live under. I don't always agree with the law or Judges or some of the prosecutors I argue with but respect is another matter entirely. Authority and position deserve a measure of respect regardless of personal prejudice and political views. Respect goes along way both in and out of the courtroom.

I also think we should also have a healthy respect for three things: weather, drugs, and weapons. 

Weather 

People go out in the ice and snow believing that all wheel drive and snows can somehow overcome the laws of physics. Weather can truly knock you for a loop, and deserves to be respected. Especially in Ithaca, the weather can go from bad to worse in a very short period of time. If not, proceed at your own risk.

I like the drugs bunny
from drugsrus.wordpress.com

Drugs (legal, illegal, and prescribed)

Small quantities of drugs alone or in combination can create physical and mental states of impairment. Sometimes the same drug or drugs on a different day and time can have a wildly different effect. Not respecting the power and risk inherent in the taking of these substances is foolish. The first thing that most drugs affect is our ability to think and judge risk. 

Small but dangerous
from global post.com

Weapons

A small knife or gun can cause great damage. People tend to underestimate the power of a weapon.  

So the power of respect should not be taken for granted, not toward people, weather, drugs, or weapons. Your understanding of this principle can be a life changing experience.

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

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

   

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

Fighting for What's Right: Can Police Issue Tickets for Violations They Never Saw?

Car off the road, and then you get tickets, was your speed Not Reasonable and Prudent?
from lefrancophoney.com

I'd like to imagine I'm a pretty easy going guy. Don't ask my wife about this, because she knows better and believes that I can be a big PITA (pain in the ass). Certain things just bother me. I'm annoyed by unfairness and unprincipled conduct. So that means I must spend a large majority of time away from people, government, and businesses to avoid being mad.

Maybe that's why I moved to the boonies? Yeah, Ithaca is the boonies when you were born and raised in Brooklyn.

Making Friends

I got into a little argument the other day with a Deputy. Great guy, dedicated, and bright but he believes he is entitled to write up people for speeding (traffic) violations he never witnessed. He stood in front of me and counted off reason after reason why he believes that people that go off the road MUST be going over the speed limit.

1. he arrived on the scene without going off the road
2. other cars passed without going off the road
3. he would testify to reconstruct the scene in court

So therefore, my client must have been speeding, as in "Speed Not Reasonable and Prudent" VTL 1180 (a).

Why this common and ongoing practice is illegal:

1. NYS CPL 140.10 (1) (b) prohibits (stops) a LEO (law enforcement officer) from making an arrest or issuing an appearance ticket (traffic ticket) for a violation (infraction) committed outside of their presence.

2. Officers, troopers, and deputies can only write unseen violations for three situations. All involve an accident, and/or leaving the scene and/or alcohol.

So the moral of this story is don't accept this common police practice sitting down as in just pleading guilty. Confront, hire an attorney, and take it and them to court.

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

Doctor of Chiropractic
Attorney and Counselor at Law

607-229-5184

newman.lawrence@gmail.com

http://www.ithacadwi.com