The New DSM-5 meets the DWI: Dangers of New Diagnostic Criteria

The DSMs go on and on, courtesy of goodtherapy.org

The New DSM-5 meets the “Old” New York DWI

The manual, known as the Diagnostic and Statistical Manual of Mental Disorders, or D.S.M., aka the “Bible” of diagnosing mental disorders/diseases is about to have a major revision. This book will be the DSM-5, the last one being the DSM-4 which began life in 1994. The manual is slated for release in June 2013. Throughout this blog post I will alternate between Roman numerals and numbers for the DSM editions, my demonstration of contempt for this continued antiquation by condescending psychiatrists.

My familiarity with the book began back in my early days as a Chiropractic College student. The early 1980s had me taking a number of Abnormal Psychology classes. This background in Ab-normal psych was necessary for my National Board Certification as well as my introduction to being able to differentially diagnose the physical problems of my patients from their overlaying and underlying mental/emotional ones.

Practicing law since 1998 I have seen my fair share of changes both in law and medicine. Each change in a statute, a regulation, a definition, a term, an interpretation, and a law brings with it a number of issues (problems) both direct and collateral. People’s lives stand in the cross hairs of this “progress” and confusion.

Numbers for Legal Measurement of Criminal Behavior

As a New York DWI lawyer the BAC (Blood Alcohol Concentration) for DWI has gone lower and lower over the past four decades in all fifty states. Now the level stands at a .08 BAC nationally to declare that someone is “legally” intoxicated, or under the influence of alcohol.

Alcohol is the “only” drug (legal, socially acceptable, readily available) so far that has a number (a quantity) associated with it’s functional impact upon a person equals a criminal activity. There is no measure (amount in blood) for the effect of marijuana, or ambiene, or oxycodone. Nor are there any statutes that state a specific quantity of this or that amount of a drug/substance in the blood stream while driving would equate to a crime.

So what does all this have to do with the New DSM-V and New York DWIs?

I’m glad you asked, because the New DSM is as subjective as they come to now pathologizing normal activity. That scares me as an attorney because we are now as a society going to punish you for your criminal activity (DWI), and then label (categorize/diagnose) you as person in need of treatment. College binge drinkers beware, because you can now be diagnosed as mild alcohol abuser in need of treatment.

see this recent magazine article on college kids and the dangers of this new wider criteria for making a substance addiction (alcoholic) diagnosis:

http://healthland.time.com/2012/05/14/dsm-5-could-mean-40-of-college-students-are-alcoholics/

 

Who is Going to Use (and rely) Upon the New DSM-V Guidelines with NY DWIs?

Sweeping changes to the manual will affect broad criteria for addiction. The community of healthcare providers who use the manual (including OASAS certified drug/alcohol evaluators) will rely upon this wider range of behavior to give a diagnosis and a treatment plan.

Mandated NY DWI Drug /Alcohol Assessments will include these new diagnoses and their commensurate recommendations which will then be relied upon by the Courts/Judges, the District Attorneys, and the County Probation Departments. Allen J. Frances, a professor of psychiatry and behavioral sciences at Duke University who has contributed to the D.S.M., has stated that the “new” definitions amount to “the medicalization of everyday behavior” and will create “false epidemics.” In short, addiction diagnoses will multiply like rabbits, which could result in millions of people being diagnosed (IMHO inappropriately) as addicts.

The Perfect Psychiatric Storm (increased business for providers)

The problem is twofold:
(1) there is an expanded list of recognized symptoms for drug and alcohol addiction, and
(2) they have reduced the number of symptoms required for an addiction diagnosis.

ADD 1 plus 2 = millions of people now diagnosed with alcohol addiction

This information is based on changes posted on the Web site of the American Psychiatric Association, which produces the manual.

Psychiatry has No Gold Standard

In medicine, certain tests are utilized to form and/or confirm a diagnosis. These tests or procedures are known as the “Gold” standard. An MRI will be used to diagnosis a disc herniation of the spine. So the MRI is the Gold standard for the diagnosis and then called for treatment of that condition. Certain blood tests are the Gold standard to diagnose certain bacterial and viral disorders. The Gold standard is not perfect medicine, merely the best scientific evidence to be obtained under reasonable circumstances. Unfortunately, the field of psychology is very subjective. There is a wide range of opinions among the community of practitioners as to how to make a mental diagnosis.

Under the new criteria (DSM-V), those DWI offenders who often drink more than intended and/or crave alcohol may be considered mild addicts. Under the old criteria (DSM- IV), more serious symptom behavior, such as repeatedly missing time from work or school, AND being arrested for DWI/DUI, were required before a person could receive a diagnosis as an alcohol abuser.

Are YOU merely an "Unhealthy" User OR a "Severe" Abuser?

Great to have new defintions but what exactly is a craving? Many days I have cravings (desires) for specific foods, like pizza, Chinese, or thai. But do I also have a craving or a feeling for other things? And are cravings in and of themselves bad?

“Craving” is a new symptom of addiction. Is craving a scientifically measurable thing? Or is the definition of craving really a feeling and subjective?

Out with the Simple (Clear Cut) Past (DSM-IV) and in with the New Confusing (DSM-V)

1. DSM-IV created separate diagnoses for "abuse" and "dependence" in people having problems with drugs and alcohol. The new DSM-5 will instead will use the broader term "substance use disorders" as the diagnosis for people with such problems.

2. No longer will evaluators use increasing physical tolerance (for drugs and alcohol) and withdrawal symptoms as criteria for a disorder diagnosis. These are considered a normal physiologic response to the use of these drugs. Allowing doctors to prescribe and monitor their patients with prescription drugs that lead to these "normal" body responses.

In the words of one of the revisers: “The term dependence is misleading, because people confuse it with addiction, when in fact the tolerance and withdrawal patients experience are very normal responses to prescribed medications that affect the central nervous system,” said Charles O’Brien, M.D., Ph.D., chair of the APA’s DSM Substance-Related Disorders Work Group. “On the other hand, addiction is compulsive drug- seeking behavior which is quite different. We hope that this new classification will help end this wide-spread misunderstanding.”

3. The word "addiction" is GONE. It is history, a term of the past, everyone will now have or not have a Use Disorder.

Ah, the myriad of Use Disorders: There are Alcohol-Use Disorder, Marijuana-Use Disorder, Opioid-Use Disorder, and the list goes on. USE DISORDERS are now de riguer because the new revisiers thought the word addiction or to be an addict was politically incorrect (to be fair they used the terms pejorative and stigmatizing).   

4. The DSM-V also has new interesting diagnostic criteria for something they call “cannabis withdrawal.” I guess this is where someone stops smoking pot after being a pothead (do they still call them that?).

The APA says that this is caused by “cessation of cannabis use that has been heavy and prolonged,” which results in “clinically significant distress or impairment in social, occupational, or other important areas of functioning,” and is characterized by at least three of these symptoms: irritability, anger or aggression; nervousness or anxiety; sleep difficulties (insomnia); decreased appetite or weight loss; restlessness; depressed mood; and or physical symptoms such as stomach pain, shakiness or tremors, sweating, fever, chills, and headache.

Goodbye Addiction and Dependence Welcome Substance Use-Disorder

Welcome to this Brave New World where millions of college students and first time DWI offenders may now face labels, embarrassment, and inappropriate treatment programs.

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 Tompkins County Ignition Interlock Devices: Hunt's Auto Service

Blessing and Curse, Little Ithaca, New York

Living in a small town is a blessing and a curse. The blessing: Everyone knows you and the curse: everyone knows you. It cuts both ways. Unlike living in South Florida and being surrounded by millions of people we have a more limited population, and a much smaller "living" space.

The Positives of the Small Town

I have met many people that have become my "go tos" for car problems, carpentry problems, medical problems, etc. Our house is Circa 1889 so you can call me if you want a referral. Most of the people I recommend, they live here, they work here, and for the most part they are sincere and genuine. I love that part of Ithaca, as they say don't crap where you eat, these people know, respect, and understand that word of mouth is important and your reputation is everything, especially in a small place like Ithaca.

My "Go To" Car Guys

Hunt's Auto Service http://huntsautoservice.com/ are my Go To guys for my cars. They have helped me with inspecting cars, buying cars, fixing cars, and keeping my cars trouble free since I've lived here. They are in my book "straight shooters" and I have seen them refund the disgruntled on more than one occasion. That to me speaks volumes for their integrity. As an attorney, I have seen my share of BS artists come and go. Honesty goes a long way with me, and I believe I can trust them.

Tompkins County Interlock Provider

Hunt's are also the providers of the Intoxalock Breath Alcohol Ignition Interlock Devices. Can you say,
"BAIIRD"?

http://www.intoxalock.com/

As an Ithaca Cortland DWI/Criminal Defense Attorney they are a good "go to" for getting one of these in this area. BTW Hunt's does not and has not given me anything to promote or endorse them (although I did get a Hunt's hat on my last oil change). After dealing with these over the past years, none are perfect, but some are better than others IMO. I like Intoxalock. Another BTW, Intoxalock doesn't know me or provide me any freebies, although I like chocolate chip cookies a lot!

I was recently at Hunt's, and had them get some Blizzaks on my car, please don't call them tires, they get insulted,,

I now have Blizzaks on two of my cars, Nice tread, Love these!

While I was at Hunt's I got some great information on the different devices:

First device: Class Level I, it has no camera, it is for Tompkins County DWI convictions with first time DWI convictions. The Punishment (sentencing) level: A Conditional Discharge from the Judge, see my blog post on What is a Conditional Discharge (it was my last post of 2011) here:

http://ithacadwi.blogspot.com/2011/12/new-years-eve-what-is-new-york-cd.html

or my video, What is a New York Conditional Discharge? here:

http://www.youtube.com/watch?v=Pg_6GE7Dlvo

Lifesaver Interlock Class I with mouth piece

This device (level One) can just sit on your car seat, you will need to blow (more like hum) into it before you drive and then at various intervals (called rolling checks) while you drive to check for breath alcohol.

Once a Month Check Ups

Once a month (approx. every 30 days) you will return to the installer for a device download. It will be disconnected from the car, and brought inside to be connected to a computer. Once the information concerning your blows is downloaded, off it goes to the County Monitor.

If you receive a sentence of Three Years of Probation for your DWI case then you will need a:

Second Device: Class Level III in Tompkins County.
BTW Many (most) counties Upstate require the Class Level III, even for Conditional Discharge sentences.

Class Level III Interlocks Download Base (under dash)

Class Level III Interlocks MUST have cameras installed as well

The Class Level III will require the installation of a camera which will take your picture upon blowing into the device and while you are driving (random). The installer will need to come out to your car and download via a long cable because the data storage is in the under dash base and not in the device itself.

Device downloads take approx. 15 minutes. Class Level three cost more per month, and take a little longer to install.

Devices get calibrated or checked against know solution of alcohol at a known temperature:

For Warnings and Precautions when using (having) these New York IIDs (Ignition Interlock Devices) see my blog post here:

http://ithacadwi.blogspot.com/2012/06/ithaca-lawyer-discusses-warnings-and.html


Dr. Lawrence Newman

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

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

http://www.ithacainjurylawyer.com

http://www.ithacadwi.com

Chiropractor/Lawyer Connects New York Chiropractic College, and Seneca Falls Court

I love this sign, Just a few miles South of New York Chiropractic College

I have a past, who doesn't. Before I was a lawyer I practiced as a Chiropractor and Acupuncturist in South Florida for 10 years. In the State of Florida it is called the Board of Chiropractic Medicine (regulates the profession). In Florida, Chiropractors are referred to as Chiropractic Physicians. The scope of practice law differs state by state, with some states saying what one can not do and others specifically stating what we (as Chiropractors) can do.

I was privileged to attend the National College of Chiropractic in Lombard, Illinois (approx. 20 miles West of Chicago). This school is now a University, the National University of Health Science. http://www.nuhs.edu/

My Alma Mater (class of 86') has expanded over the years to encompass more branches of the natural healing arts. Many years ago New York Chiropractic College moved from Stony brook, NY to Seneca Falls, NY.

http://www.nycc.edu/

My University and New York Chiropractic College share a long history and an intimate connection of sorts.

National became record holder and overseer of:

American College of Mechano-Therapy (1907 – 1920)
The Eclectic College of Chiropractic (1920 – 1922)
The Peerless College of Chiropractic (1922 – 1926)
American College of Naprapathy
Carver Chiropractic Institute (1919 – 1934)
Carver’s Colorado Chiropractic University
Chiropractic Institute of New York (1944 - 1968)
Cosmopolitan School of Chiropractic of New York
(1920 – 1944)
Detroit College of Chiropractic (1967)
Eastern Chiropractic Institute (1916 – 1923)
International Chiropractic College
Kansas State Chiropractic College, Inc. (1965)
Lincoln Chiropractic College (1926 - 1971)
Lindlahr College of Natural Therapeutics
Metropolitan Chiropractic College (1927 - 1948)
New York School of Chiropractic (1919 – 1944)
O’Neil Ross Chiropractic College (1970)
Progressive College of Chiropractic (1921 – 1926)
Standard Institute of Chiropractic (1920 – 1944)
Universal Chiropractic College (1910 –1944)
University of Natural Healing Arts (1964)

Back in the day there were many smaller Chiropractic programs and schools in New York state. These shared many similar philosophies and practice ideologies. Eventually they fractured and went their separate ways. National grew and became the Mid-West primary College of Chiropractic. They had the first accreditation for many Post-Graduate Degrees. I picked the college for it's strong academics. I have a B.S. in Human Biology, a Doctorate in Chiropractic, a Post-Graduate Accreditation in Acupuncture, and a law degree (my J.D., Juris Doctorate). Did I mention how much I like school? I just like to learn stuff.

New York Chiropractic College took on the merger of:

Columbia College of Chiropractic
(1946 - 1954)
Atlantic States Chiropractic Institute
(1964)  

All in all, the mergers brought more cohesion within the profession during the early years.

Which leads us to today. I live and practice law in Ithaca, NY but I handle cases in most of the Finger Lakes Region of the state. Criminal Defense and Personal Injury cases are my current practice focus areas because they allow me to combine my love of forensic science with the law.

Every time I drive up to Seneca Falls Court (in Seneca County) I think of two things:

Don't Blink or You Might Miss the Town

1. My favorite movie: "It's a Wonderful Life" with Jimmy Stewart (supposedly based on the Town of Seneca Falls), and

2. New York Chiropractic College (for obvious reasons).

Seneca Falls has festivals, names, hotels, and cafes that play on the movie connection.
Is Seneca Falls really the "Bedford Falls" in the movie? I love the movie, the connections, and the idea.

http://www.therealbedfordfalls.com/

The Town of Seneca Falls has converted an old elementary school into their Courthouse/Municipal Building. It is a nice use of the space and structure considering what they have done with it. Resourceful to say the least. The Court can be busy but it is well managed and organized (as upstate Courts go).

http://www.senecafalls.com/town-court.php


I have been privileged over the past 14 years (as a lawyer) to represent, advise, and consult for hundreds of professionals within New Jersey, New York, Pennsylvania, and Florida (Chiropractors, Acupuncturists, Medical Doctors, Osteopaths, etc.) with practice and legal issues.

I am proud of where I have been, what I have learned, and I love to share it with those who seek growth and personal development. My clinical experience (being in the trenches) has allowed me to be truly empathetic with the professional man or woman facing issues.

 Dr. Lawrence Newman

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

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

http://www.ithacainjurylawyer.com

http://www.ithacadwi.com

Ithaca Enters the Zone or Why We Have a New 20MPH Speed Limit

New Gym at Ithaca High School

We moved to lovely Ithaca, NY in 2006. Ithaca may have begun as a choice but it is also far more than a final destination for us. Moving here has led me to examine and evaluate. It has in a sense slowed us down. My wife and I take walks together. My four children have all attended Ithaca High School. Three have graduated in the years we have been living here (one more to go). I have watched the school go through changes physically as well as philosophically. The community has invested in the structure and growth of the school. The new architecture further mirrors and enhances the direction of the school's progress and growth.

Ithaca High at Night, Beautiful Design Elements and Materials

I believe Ithaca "was and is" a good choice for my family. As much as many here complain about this or that we are privileged to have those that genuinely care.

Which leads me to the how and why of new speed limits in our school zones. As a criminal defense lawyer focusing on traffic violations, DWI, and car accident related  injuries I certainly don't want to live, walk, and have my children in a place where there are NO rules. But why do we have these rules? and why do rules (laws) have to change with time?

New Speed Limits: School Zones Now 20MPH

The front of Ithaca High School lies on Cayuga Street. Car accidents over the past years (on Cayuga Street) have led to recent changes in the speed limits around the High School being changed. I think it is a change long coming. Seeing people speeding in and around the school as kids are crossing the street has always been an issue. I believe that the new school zone speed limits should also be placed on the roads at the rear of the school as well. My wife and I have seen way too many people on the rush up Gun Hill Road (going up to Cornell) driving recklessly, especially with snow and icy conditions.

I think I can understand speeding on some of the main arteries (route 96, route 79, route 89, route 13) coming in and out of Ithaca easier than the little streets downtown. My opinion of this situation is shared by many prosecutors and Judges as well. Going 50 mph in a 20 mph school zone is not going to win you many friends. A word to wise in Upstate New York, when you see any kid/school zones slow way down.

Dr. Lawrence Newman

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

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

http://www.ithacainjurylawyer.com

Ithaca DWI Lawyer How 5 Minutes Can Cost You Your License?

I love NY, the New York Public Library, What a Grand Building!

You know they say "timing is everything." As long as I live and as hard as I work as an attorney to either help people keep their driver's licenses or get back their driving privileges human nature loves to rear it's ugly head. When people have a DWI or DWAI or ADWI conviction they will have to take the New York DMV DDP (drinking driver program), they will get a conditional driver's license (called a post-revocation CL), and then upon completion they will get back their FULL license.

PRIVATE Agents with PUBLIC Power

THE NYS DMV DDP: This seven week program is sub-contracted to a local "private" agency. Much like the Ignition Interlock Devices (also sub-contracted locally) to "private" agents, these people are now entrusted with GOVERNMENT POWER.

What is Government Power?

It is the ability to call you out on any deficiencies in meeting your government (Court) obligations/duties.

You are ORDERED to take the DDP (drinking driver program).
You are ORDERED to get an IDD (ignition interlock installed) on your car.
You are ORDERED to complete these requirements (1) within a given period of time and (2) successfully.

Successfully means you comply with all their directives (the course givers and installers). So these "private" agents now get to run you, to tell you what to do, and when to do it.

IIDs (ignition interlock devices)

Every 30 days you must get your IID checked and downloaded OR else? If you don't, you are reported to the County Monitor (a division of County Probation and/or the District Attorney's office) as a VIOLATOR.

What does it really mean to show up late to the DDP?

You must complete your 7 week DMV DDP. You must participate and you must be there on time or else?

If you show up late (even by 5 minutes) some of these DDP providers will LOCK YOU OUT!
Imagine if you will people crying in the halls as they come to a DDP door that is locked. Why are the crying?

Because you will have to wait another 7 weeks until that session # circles around again. As in, the sessions run consecutively (1 to 7) and any one session that is missed must be MADE UP. Which means you don't get your full driving privileges back for almost another 2 months. Think about that, your 5 minutes late for class and it will cost you 2 months of full driving privileges.

Lord Acton said it best, "power tends to corrupt" and "absolute power corrupts absolutely. Great men are almost always bad men." Dealing with prosecutors, district attorneys, and Judges over a great many years I don't always agree with their decisions but respect their roles and authority.

Ah the cost of tardiness, I can remember from all my college days, we would wait on teachers based upon their level, 5 minutes for grad student, 10 for a professor, and 15 for a doctor (phd) or something like that?

KEY TAKEAWAY

Take this stuff SERIOUSLY. Do not willy nilly play with the Ignition Interlock Device, or the private installer, or with your DDP obligation. BE ON TIME! All of it including the VIP (victim impact panel) must be taken SERIOUSLY. Did I say serious enough?

http://www.ithacadwi.com

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

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

Horseheads Lawyer Attends Representing the DWI Defendant in New York

From the 2012 Big Apple DWI Seminar

This past week I jumped on a Jetblue flight from Syracuse to JFK on Thursday to attend the Big Apple DWI event in NYC. I have been to it many times before but with all the new interpretations of law and the NEW DMV rules/regulations this was a MUST see event not a maybe. My first stop was out in Great Neck to have a nice Greek style breakfast with one of my mentors Medical Malpractice Attorney Gerry Oginski. Gerry is great to break bread with (actually grilled pita). He is one of the best NY injury attorneys and people I have the privilege to know. Sharing legal ideas and inspired practice knowledge with this man was an amazing start to an even better weekend. I jumped the train from Great Neck to Penn Station, fast and easy, into the city in 20 minutes.

It's 2012, and this was the first time that the Big Apple DWI seminar put on by the NYSBA (New York State Bar Association) sent their materials via pdf files. It's about time! Less books to lug home and less to encumber my leaning bookshelf. I would rather bring my Mac Air than 4 lbs of books.

I love to go to seminars, especially in THE CITY (NYC). I love to eat the foods of my youth. NYC hands down has some of the best of everything. I have traveled the world, and NY has better Greek than Greece, better Chinese than China, better Japanese than Japan, well I think you get my point. So this kid from Bklyn took in a Broadway show with Pacino (yeah, Al Pacino), Glengarry Glen Ross, and ate some real deli and pizza. What a day! I love America!

Ben's Deli, absolutely amazing Corned Beef and Pastrami

Gotham Pizza in Chelsea, they use cornmeal in the crust

Old Ideas and New Perspectives

I always manage to learn something new and more importantly gain new perspectives on things I thought I knew. I've been going to this one since 2006, and even some of the same materials and information can come with a new perspective and insight. I've read some books in my library dozens of times over my years with the same idea,as I mature I see things (read things) differently. You never stop learning, as they say if you are green you are growing and if you are ripe you rot! I like to stay in a state of greenness, greennosity is my made up term for being in a state of greenness!

Going to conferences is also an opportunity to see new places, meet new people, and take in the sites of the "big" city. Most of these get togethers (practically all the DWI ones) do not occur anywhere near to Ithaca, NY or the Fingerlakes region. They are in places like Albany, Rochester, and NYC.

The two main speakers were Peter Gerstenzang and Eric Sills, they are the authors of New York's main DWI bible. It is recognized by almost everyone (including judges) as a reference book. As Peter liked to joke he is "highly acclaimed" and a gracious man to boot.

The New DMV Rules/Regulations 

Recent changes were made to the DMV license rules for "Persistently Dangerous Drivers" (multiple DWs, Serious Traffic Offenses) with lifetime look back periods. These new REGS look back (retroactively) upon the persons lifetime of driving because the DMV keeps a "lifetime" record not merely the 10 year driver's abstract that you can request for $10. It used to be the look back was the 10 year time frame, then a 25 year time frame, and now we are looking back over a person's life history.

I am left to wonder:
Is this a sign of the times? Is this going to be a trend? A dangerous direction to hold things against people for a lifetime, and scarier still things they did in their immature youth.

1st BIG Idea: You Must FOIL  

Going to the DMV and requesting your record is not going to be enough these days. You are going to have to FOIL request your lifetime record with the DMV in Albany, NY.

Freedom of Information Law (FOIL)

New York State’s Freedom of Information Law (Public Officers Law §87 et. seq. ) allows members of the public to access records of governmental agencies. FOIL provides a process for the review and copying of an agency’s records. More information about the Freedom of Information Law can be found at: http://www.dos.state.ny.us/coog/foil2.html.

Most people either don't know or can't remember what happened to them last week let alone 25 years ago. DO a FOIL Request 1st!! Get your COMPLETE LIFETIME RECORD. This is always the best starting point. 

Most of what the NYS DMV rules/regs are about are those currently revoked and are looking to get back a driver's license. 

What is unspoken and unwritten (kinda between the lines) is that those with significant histories (either DWs or serious traffic offenses) are one step away from  a permanent lifetime revocation for ANY traffic violation/infraction they will incur in the immediate future. 

2nd Big Idea: The Potential Magic of the Coram Nobis

Sometimes a prior driving history can be re-opened with a Coram Nobis Motion. A Coram Nobis is a Motion to Vacate a prior plea of guilty to some offense. This may be the dividing line between getting a license, losing a license, or never getting a license. Because prior cumulative points, 20 points in 25 years or high point violations (those with 5 or more: like passing a school bus, high speeds, reckless) will count as 

SDOs (serious driving offenses). 

The interpretation of all the new regs is tedious and somewhat complicated. he main point is to get your driving history and review it as to total points, total offenses, total DWs, and timing/dates.

Sometimes it Begins with Correcting the Past

Believe it or not sometimes the Courts write in the wrong dates, the wrong offenses, and a review of the windows (10 year, and 25 year periods) is vital under these cases. 

Remember that the Date of Conviction = Date of the Plea, NOT the date of the Sentencing. Times and dates can make a difference to the overall outcome. Anyway, I could blog away on this and a million other topics today but instead I will re-organize and simply all of it first into bite size pieces.

http://www.ithacadwi.com

Lawrence A. Newman, D.C., Esq.

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

Ithaca Lawyer The Dangers of Talking with ADAs, DAs, law enforcement, and Judges

Found by Cornell
Speaking of dangerous, this is what was missing from my youth.

Many things are known to be dangerous. Skydiving, scuba diving, mountain climbing, bungee jumping..maybe that's why I tend to avoid activities that are high risk. BTW TV, going to the movies, and reading are real activities just not real active physically.

But come on , Is talking to people really dangerous? In my best lawyer voice I state, "Well it depends"

first, who are you talking to? where are you talking to them? and lastly what are you talking about?
Sometimes talking to the wrong person at the wrong time and wrong place can be worse than free falling.

Real Life Can Bite You in the Tuchas 

Imagine this scenario: you are arrested, charged, booked, and printed for something you did not do or did not do FULLY (it is a defense perspective). Now you are brought into Court in front of a Judge, he asks you how you plea, guilty or NOT guilty and you say ,,,  "guilty" OMG now what?

Well this situation I just described happened this past summer to two college girls from out of state. It was a little backwoods Courthouse with a big judge, and they were scared. With No lawyer at their side, and No understanding of the process they were cooked before they got there.  Anyway, I later entered the scene and took back their guilty pleas to their crimes (criminal misdemeanors). Remember that Guilty Pleas must always be VIK (Voluntary, Intelligent, and Knowing). Why anyone would want to plea to the ALL the charges in this type of situation is a story for another day.

The Big Who

So how dangerous is talking? Well WHO are you talking to? Are they friend or foe? Being friendly is not the same as being your friend. Remember, it's always us against them, you and your attorney are the us, and the them is (are) everyone else.

When the people you are talking to have power, authority and a job to prosecute you, sentence you, and testify against you then your talking to and with them is rather dangerous. It's the old fable of the scorpion and the frog (go read it), bottom line, scorpions have to sting, it's their nature. Very easy, just remember the noun becomes the VERB!

Law Enforcement: Enforce (the Law)
Judges: Judge
Prosecutors: Prosecute

Ever hear of the 5th amendment, Your Right to Remain Silent? Silence is golden in this situation because ANYTHING you say can and will be used against you. That is why it is not the best idea to talk directly to law enforcement, the judge, and/or a prosecutor. Generally speaking by making further admissions (statements) you are NOT helping your case. In fact in the majority of cases, further talking is going to bury you more.

Statements made to these people are noted. They will later turn around, and hit you over the head with your own honesty like a mother wielding guilt for something you did 10 years ago.

Your honesty at this stage and place (without counsel) is misplaced at best, and highly dangerous at worst.  

Lawyer as Filter

Your lawyer is your advocate but they also act as a filter. They take it all in (facts, information) and then clean it up, re-package it, and maybe explain things in a specific context. They can be neutral, objective, and unattached. The power of this lies in art and science. How you say things, describe things, and tell a story can be the difference between tasting lemons or lemonade. Your lawyer can help you carefully navigate the legal minefield of your situation.

The Guilty with an Explanation

I am in Court quite a lot and how many times am I going to hear, I am guilty your Honor BUT with a explanation. When you start explaining anything you are done, as in fully cooked. Explaining yourself out of trouble is an ineffective strategy. WHY?

You have been charged, you are alleged to have done SUMTING! Either you did something you or did not do something. Usually justification (I did it because I had to) defenses are rare. Most situations that you consider emergencies are not in the eyes of the law. Bringing up your personal issues, like a death in the family, recent divorce, loss of a job, or medical diagnosis is not going to get you sympathy or empathy. Everyone has problems but they (the authorities/the government) will not place themselves in your shoes. They will see themselves as above your acts and actions.

To them your explanation is merely a nice way of excusing yourself, and nothing more. Explanation is given short drift by the majority, and will cut against you more than for your cause.

Sometimes the best thing you can do is Shut Up! Let your lawyer do their job. Allow them to be your spokesperson, your advocate, and your indirect line of communication with the Court, the authorities, and the prosecutors.

http://www.ithacadwi.com

Dr. Lawrence Newman
Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY
607-229-5184