The Mechanics of a TMJ Injury: The In-Direct Impact

I have a variety of interests. One of them is how things "seemingly" unconnected work together. As a chiropractor and lawyer I believe in universal principles and laws. The master of all of these is the Law of cause and effect. You can't get one without the other.

INDIRECT vs. DIRECT TRAUMA

When people dispute how a jaw (the TMJ/temporo-mandibular joint) can get misaligned in an auto accident even though the face and head were never DIRECTLY traumatized I stop them. Everything within the body works together. The body is also dynamic, not static, re-building constantly. All the bio-mechanicals integrate: joints, muscles, tendons, ligaments, and nerves function as a whole.

The cervical spine articulates (moves) in harmony with the jaw. Forces that impact the head and neck (like a whiplash) can often travel into the TMJ. This is called an IN-DIRECT impact (trauma). So while people can easily understand a direct injury to an area, these indirect injuries may not be fully appreciated (recognized).

An acceleration-deceleration impact from a car accident affects ALL of the structures of the head and neck. The body attempts to deal with these sudden, abrupt, and jarring forces by spreading them throughout the entire bio-mechanical system. This principle of absorption allows the body to adapt, dissipate, and compensate by spreading the forces over many tissues simultaneously.

There are many instances of indirect impact causing major injury to other parts of the body.

• Foot and Leg injuries impacting knees and hips.
• Hand and arm injuries impacting shoulders.
• Neck injuries can lead to lower back problems.

Never overlook the interconnectedness of the body. The source of problems is not always apparent at the area of complaint. As I liked to joke as a Chiropractor, "if you step on a dog's tail the bark comes out the other end."

Dr. Larry Newman, D.C., Esq.
Chiropractor and Lawyer
Practicing Criminal Defense and Injury Law
607-229-5184

Ithaca Lawyer: How does the TMJ Get Injured?

The TMJ (temporo-mandibular joint) is often injured in car accidents. As a chiropractor I treated hundreds of people with both chronic and acute forms of this problem. As an attorney I urge people to get it checked after any crash. Left alone and without proper and immediate treatment a "misaligned" and damaged TMJ will progressively worsen.

Ithaca Cortland Lawyer "You have Rights, Privileges, Not so Much."

A NYS DWI arrest affects a number of things in your life. One of the things many of us take for granted is our ability to drive. People don't consider that driving is not a RIGHT but a PRIVILEGE.

DWI cases are where the world of criminal law (RIGHTS) often intersects and integrates with the civil world of PRIVILEGES. Privileges are things like licenses. A license in it's simplest terms is merely a permission. It is an allowance. You are allowed to do something. There are licenses to practice professions, and there are licenses to go on a person's land, and there are licenses to drive certain types of vehicles.

TAKEAWAY: The key thing to remember about all licenses is that they are more easily lost (ie. taken away) and suspended than a right.

WHY?

LICENSES are held to an administrative standard or burden of proof. It is a little higher than the preponderance of evidence standard of "more likely than not." Some call it "substantial" evidence. This is NOT the criminal burden (standard) of PROOF beyond a reasonable doubt.

THESE ARE YOUR PRIMARY DWI RIGHTS

The three pivotal rights in DWI cases are set in the 4th, 5th, and 6th amendments (The Bill of RIGHTS).

- 4th: Right to be free from "unreasonable" search and seizure.
TAKEAWAY: In DWI cases, you need Probable Cause for a stop, PC for an arrest.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized


- 5th: Right to remain silent. In DWI cases you can't be forced to testify.


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

- 6th: Right to trial.

In DWI cases, you are to have a
A RIGHT TO a speedy, public trial, with an impartial jury,
A RIGHT TO confront witnesses (the police officers, troopers, deputies), and
A RIGHT TO present evidence (toxicologists, doctors, breath test experts, eye witnesses).

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Understand the crucial differences between your rights and your privileges. Awareness of your protections and safeguards (under the Constitution), and what you may be "entitled" to with the DMV helps you to prepare.

Administrative license hearings may allow many of these things, like confrontation and presenting evidence, but IMO they are diluted and of course held to a different (lower) standard. Administrative (license) hearings allow Hearsay, allow the admission of reports (against you) without the ability to confront witnesses, and almost force you to testify to defend the case against you. You can not sit idle in these types of situations.

Larry Newman, Ithaca Lawyer, 607-229-5184
www.ithacadwi.com

The Ithaca Cortland Upstate New York Haimisher Lawyer

I have found that as much as we all move or change we can never escape who and what we are. I have lived and worked in many places. Whether as a Chiropractor or a lawyer, or practicing in NJ, NY, PA, and Florida the essential, the core, and the identifier of how I practice goes back to my roots.

The Yiddish of my childhood was more than words. It was a philosophy. It was in the modern vernacular a paradigm for living. Being true to yourself, and your family name.

I was taught at an early age that out in the world I represented more than myself. I represented the Newman family. Even my Jewish name was loosely translated, Larry "son of" Albert (my father).

My father demanded respect. It was only one little word but to him it meant more than just two small sylables. It meant respect to and for self, to and for others, to and for the community, and above all else to and for
 G-d.

My father longed that I should become in his mind a "mensch." A good human being. He led by demonstration. He would teach me to tip, to thank, to appreciate, to enjoy, to value, and most of all to be honorable. My word was to be important. My knowledge and ability to be used to assist others less fortunate. In his view this was the challenge of parenting. His children, his "kinder" were either going to be the gift or the curse he brought upon the world.
 
One of my favorite expressions was "Haimisher." I wanted not a house but a haimisher or haimishe home. One that felt soft, liveable, and smelled of good food. I was not raised with country clubs, golf, and tennis but with a corner deli and city streets.


To me a "Haimish" person is: down to earth, sincere, real, and authentic. Kinda like home cooking, apple pie, or a comfortable pair of shoes. I aspire to be the haimisher, or haimishe lawyer. One that gets knee to knee, speaks plain, and is real with people.
 
There is no BS in the haimish practice of any profession. There is no pretense. No stuffy titles, or lineage, or pedigrees. What there is a reciprocity and respect between the client/patient and the counselor.

What is a "Serious" Traffic Violation in New York? WHY Not all Violations are Created Equal.

I am often asked to represent motorists who have been charged with traffic violations. Some of these violations are classified by the State of New York as "Serious" while others are not. The significance of this classification is that if you get convicted of only two of these "serious" violations within a three year time period, and hold a CDL (Commercial Driver's License) your license will be suspended for sixty days. If you are on probationary license (new license privilege or recently returned privilege) then any TWO moving violations will result in a 60 day suspension but any ONE serious offenses will get you suspended for 60 days.

The fact is much like the diversity of crimes violations are ranked from the moving to the non-moving, from high points and fines to no points and no fines, and finally from the serious to the not so serious. Judges and Prosecutors also have their own perspective (opinion) of what they consider to be serious.

Some Courts allow NO plea bargaining on specific offenses in their towns and villages. For example, The Town of Ithaca and the Town of Enfield by policy have NO plea bargaining on speeding in school zones. You have the option of trial in these Town Courts.

Some counties have NO plea bargaining as well. In Tioga County there is NO plea bargaining on the latest VTL 1144 A, failure to move over law. Again you have the option of having a trial. The District Attorney there believes that that offense has cost the lives of law enforcement, which it most certainly has, and future violators will not be offered reduced pleas. Knowing where you are, and what local policy allows or dictates is as they say PRICELESS.

For motorists with non-CDL licenses there are the following known serious traffic offenses:

VTL section 1212 Reckless Driving is classified as a serious violation, also speeding, tailgating, and unauthorized racing. Combinations of these including speed in a school or a work zone will get you suspended. 


Larry Newman, D.C., J.D.  Lawyer, Chiropractor, and author.
www.ithacadwi.com
607-229-5184

DWI Refusal Cases Can be the Better Gamble

I just finished off three DWI refusal cases, as in got them reduced. Reductions BTW are a big deal, especially in criminal law. Many prosecutors do not like reducing charges from level to level. Getting a Felony reduced to a misdemeanor or a misdemeanor reduced to a violation is often the big win.

Now before you glorify me, G-d forbid, there are a great many cases that do not get reduced, there are many cases that I have lost. Nobody wins all their cases. Anyone who says they do is not telling you everything. I have had clients after trial who were found guilty as charged of two DWIs (the common law and the per se). It doesn't feel good, trust me.

But that said, I like the odds, the chances with the Refusal cases. Yeah, no breath, no blood, no measurement!! NO NUMBERS, NO BAC.

The unique opportunity with DWI refusal cases is the administrative refusal hearing. It allows for cross examination of the police officer concerning the legality of the stop and the arrest. It can be a great beginning to gathering the evidence (all the facts) necessary to defending the case against intoxicated driving.

The hearing is for four main areas legally:

DMV Refusal hearing:

VTL 1194 (2) (c) : the hearing is limited to the following issues:

1. did the police officer have reasonable grounds (PC) to believe that such person had been driving in violation of any subdivision of VTL 1192?

2. Did the police officer make a lawful arrest ?

3. was such person given sufficient warning, in clear and unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made.

4. did such person refuse to submit to such chemical test or any portion thereof?

Was the refusal persistent?

Imagine a DWI refusal case with a stop for an equipment violation, Now I'm getting really excited, Why you ask?  Now we have a DWI case with no number, no BAC, and with get this... NO DRUNK DRIVING!

Gotta love it, a Drunk case with no drunk driving and no forensic evidence to prove blood alcohol. There are other things to consider but all things being equal, I like the odds better with these cases.

DWIs in the News or "Hey My Name is In the Paper"

Practicing criminal law and especially DWI defense in Ithaca and the surrounding Finger Lakes has given me a wider perspective on humanity. It's interesting that wider land mass with less people can create a more narrowly focused community. It seems like in each little town and village everyone knows everyone and of course every one's business. As they say, "getting up in my biz."

Newspapers publish the names and addresses (sometimes even pictures) of those arrested of DWI. While someone from Brooklyn wouldn't care, those who live and work with their neighbors may suffer from the embarrassment and humiliation of being labeled a "bad" person. Sometimes clients ask me whether they should tell (anyone) their employer, their spouse, or their insurance company about their DWI.

This may come as a surprise to some but legally you are innocent UNLESS proven guilty but in the Court of public opinion you are guilty TILL proven innocent. Can you ever prove your innocence about anything? It is after all proving a negative, that you did not do something. Hard as it may be to accept, you can not "make" anyone like you or change their mind once they have formed an opinion.

It is sad to say that even if your charges are reduced or dismissed, or you are found not guilty people will talk. That's what happens in small towns. I say move on, let the past be buried. They say that Time heals all wounds and I believe that that is true.