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I just returned from Boston, specifically the summer session of the NCDD (National College of DUI Defense) held at Harvard Law School. It was an incredible learning experience to be amongst the authors of most of the prominent DUI Defense Books. These leading DUI trial lawyers shared openly and gave freely of their time.
There were lectures as well as interactive workshops where they (the masters of DUI Trial Practice) videotaped us doing cross examination of police, opening statements, closing arguments, etc. They critiqued our performances and gave great feedback. The speakers were some of the best I have seen or heard. From a Circuit Court Judge doing a presentation about how to understand Judges (he called it behind the curtain of Oz, as in the Wizard) to a twenty year veteran of the FBI crime labs. This Phd/lawyer/scientist spoke of all the problems with forensic lab testing (can anyone say Breathalyzer) and law enforcement's failure to often follow proper protocols. Everything was focused, and geared on DUI defense and practice.
One thing that stuck with me was something that I heard again and again, that DWI is a crime based purely upon Opinion.
The opinion of police officers and the opinion of a machine are used to obtain a conviction. This opinion evidence is fraught with problems. The police subjectively give and grade performance on field sobriety exercises. Their is usually a police bias in the record. Every person pulled over has the odor of alcohol, slurred speech, glassy-bloodshot eyes, and an unsteady gait. The machine takes a "breath" sample and magically yields an "accurate" blood alcohol level. The BAC is often an invalid number hanging in space which has no relation to the true BAC at time of driving. In a nutshell, that is why we do what we do. Protect the rights (the ones that come from that grand old document called the Constitution) of those accused of the crime of DWI.
Anyway, Boston is over, on a negative note, it was very humid, but the food service at Harvard Law School was top notch. It is time to go back to the real day to day work and nuts and bolts of DWI defense, and of course enjoying a rather cool 2009 Ithaca summer.
The 9 Most FAQ About NY DWI, here:
The New York Up State DWI Survival Guide, here:
Winning The NYS DWI Refusal Case, here:
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 550 blog posts, dozens of articles, and over 520 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
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