Diving into DUI in Key West

 Key West Versus Ithaca in February 2011

I love to go to seminars, last year I went to almost one a month, mind you I don't need any CLEs (continuing legal education credits), I go because I feel it is a privilege to learn and grow. Judging by the above photos it is also an opportunity to escape a long dismal Ithaca winter. Investing in whatever you do offers big payoffs because noone wants to wake up, look in the mirror, and see someone who sucks at their job or is just ok.

This week I have been in Key West, Florida listening to some of the best DUI/DWI defense lawyers in the country. Bruce Kapsack from San Fran, gave awesome closing arguments for drunk driving cases and Jim Nesci from Arizona gave us creative cross examination for the police. btw I have both their books and DWI defense from other states has a lot of cross application to New York.

We also had Dr. Bellack from LA, California not Louisiana, and he is a ENT specialist who testifies on GERD/LPR (reflux diseases that cause acid to enter the mouth) and how these diseases can affect alcohol breath test measurements. Jan Semenoff from Georgia, a breath test machine expert offered his expertise on how the police get falsely high breath tests in from 10% to 25% of the population, a big wow!

We also balanced out the program with attorney Hudson from Sarasota, FL, who spoke on repeat DWIs (felonies) and handling issues with addiction, treatment, and tactical considerations. His ideas were wise and creative. I am going home (back to Ithaca) with wonderful ideas, and I can't wait to begin implementing them. I have read that it is not the ideas you get that are important but having a recipe for dealing with them. Making my practice and service better is always the long term goal, because at the end of the day Key West sunshine is only temporary.

Lawyers Returning Calls: The Art of Being a Mensch!

I guess I have some pet peeves, I hate when I don't get my calls returned. I just think it is common courtesy to return/respond to a call. Even from people I don't know or don't like. I have prosecutors that I call over and over, I have companies I call over and over, who raised these people? A return call takes a couple of minutes.

It all comes down to just basic human respect. My dad, still rings in my head, may he rest in peace (it's been 33 years), always said he wanted just ONE thing from me, "respect." Not great grades, not stellar athletic performance, not monumental worldly success just respect for myself and others, because he saw that as the basic foundation to everything else. How can you be principled and maintain a sense of values, common decency to humanity without this quality? Those that respect others and their property and their values were in my father's eyes Mensches (in Yiddish this means being a "human being of integrity and honor.") He raised me or more groomed me to be that man. From the way he gave of his time to people in need to the way he tipped a server. My father gave people dignity.

So I have had dealings with fellow lawyers over the years, and many do not return my calls. To me it shows a self worth issue, they are more important, or their time is more important than mine, and that is probably the thing people dislike most about lawyers. They (clients) want to be able to communicate about their case, their situation, and having a true counselor available brings peace of mind. I pride myself on returning calls and being available. Does that make me better? Well yes and no, better for my clients, not always for me because my clients come to expect me to be there for them any time. btw I am better early in the day, old habits die hard, I get up very early, and go to sleep by 9 or 930 generally, so don't call after that if you want someone who is coherent.

If you ever compare me to someone else know that I am unique in this regard. I am in a word: Available!

And as I strive to serve I keep in the back of my mind my father's wish to have a mensch for a son.



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

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

http://www.ithacadwi.com

New York Puts New Penalties on Phoning While Driving

New York State ever on the cutting edge of either creating new law or updating old law is implementing new punishments for P.W.D. (phoning while driving) or T.W.D. (texting while driving) today. BTW NYS had the first DWI laws in the nation so if you are looking for a trend setter look to New York. (spoken as a true New Yorker)

Phoning or texting while driving used to be a NO point violation with merely a fine. Now it has 2 points associated with it which can cause your auto insurance to rise up to 20%. These points can also contribute towards the 11 points within an 18 month time period which mandates a 6 month DMV license suspension.

Driving requires you to be mentally focused on the task at hand. Distracted driving is a serious problem whether from a driver using a GPS, eating, applying make up, smoking, or any other non-driving related activity.

My problem is that when I see people behind the wheel eating their Mickey D's,,, is the issue really talking on a cell phone? I know we need to draw lines on behaviors that are dangerous but can we legislate and fairly apply these laws to create real change?

There still are many states that DO NOT require seatbelts, insurance, helmets, and FREELY allow cell phone use while driving. Is limiting our freedom to choose our own behavior going to make us safer? If you can safely drive while eating a bag of chips should we legislate a no snacking law for those who cannot? What about older drivers? Have you seen senior citizens get out of their cars who can barely walk and/or move too quickly? Are those 80 year old motorists, many who are on medication, and thus semi-distracted really safer than a 35 year old on a cell phone?

New York thinks so I'm not quite sure.

Ithaca DWI Out of State Student

DWI Defense Can Begin Early

Being from Brooklyn, I love pizza, and Ithaca has a couple of great pizza places. One of them is "The Nines." http://www.theninesithacany.com It is a cool place to go for a drink, and have some finger food as well. They have corn nuggets that are to die for. Also their spinach salads.

We were recently there, it was a bitter cold Sunday, thank G-d they were open, it's great to go out of season, when the Colleges are on break, anyway my wife's coke had a cool glass.

Perfect product or service placement if you ask me, cheaper than a DWI and IMHO the best defense begins right there!

Update Ignition Interlock Devices Declared Unconstitutional

New case out of City Court of Watertown, NY makes big waves.

People v. Waters, declares sections of New Leandra's Law Unconstitutional. Apparently the way the New York State Courts have been applying the Ignition Interlock Device has been Unconstitutional since August 2010... says New York rolled out the devices on first time offenders too fast and thus haphazardly infringed their rights under due process, equal protection, and overall fairness.

1. Unfair to force installation on every vehicle they own and/or operate

I have been arguing this point since I heard the new law, what if someone had multiple cars for family members (like me)?, What if someone owned a fleet of work cars?

Everyone is forced to suffer with the IIDs- makes no sense

2. Unfair to have no standards/guidelines for Judges to find indigency to install and maintain

Another point I have seen all too often, one court argued they needed to be on welfare or SSI

another Court Judge said they would decide based upon having a cell phone and a car payment

No set scale or published numbers?

3. No set cost (fines) on devices filed with the Court. These companies the IID firms have an open ticket in our pockets, as I say "carte blanche" the white card of prestige and utter power to do as they will

We still have them (the IIDs) but we definitely need further input and guidance in their use and application.

NYS is also forcing out of state motorists to install in their home states and send back via satellite the monitoring info, what if they fail do they have to travel back to NYS? Apparently the reach of NYS extends from sea to shining sea now!

DC Police Breathalyzer Wrong for Years

Can you imagine that the police knowingly used an inaccurate breathalyzer for years? How many innocent people went to jailand sustained convictions based on this machine?

see news story here:

http://www.myfoxdc.com/dpp/news/local/dc-breathalyzer-calibration-questioned-121410