What happens at the NY DMV Drinking Driver Program and VIP Victim Impact Panels?

As a DWI defense lawyer I am often asked, "so what happens at the DDP (drinking driver program) and the VIPs (victim impact panel)?" If your scour the internet very little is divulged about either of these two programs. They do not admit attorneys because I have asked, and they do not even give out a curriculum.

I am a curious person. I have a need to know about things. I am forever inquiring about How things work, and what procedures people follow. I admit I love to go on the internet and find stuff about stuff. Well all that I am about to reveal is after extensive surfing and research.

The completion of these programs is usually necessary to obtain a conditional driving license or privilege to drive in NYS, and to satisfy Conditions of the Court. The DDPs are ongoing programs but the VIPs are given at specific times and dates depending on the county you are in. Some Courts do not require out of state motorists to complete the VIP or the DDP but some require a like (similar) program's completion to satisfy a plea bargain.

Yates County, NY holds two VIPs per year whereas Tompkins County, NY has a VIP every three months. Some counties are just starting to form VIPs. 

How serious are the VIPs taken? Recently in Dryden, NY a person was sent to jail for a failure to attend the program on the specified date. Maybe it would have helped had he not stated in Court to the Judge that his reason for non-attendance was that he decided to go on vacation during the VIP date.

The DDP seeks to examine the arrest experience, evaluate the factors that led to the DWI arrest, and to help drivers make appropriate future driving decisions.

1. It is not merely a class but involves discussion among the participants about problems involving drug and alcohol abuse. Be prepared to interact, this is not a passive experience.

2. The program is seven (7) sessions in total. One (1) session per week. Each session lasts from two to three (2 to 3) hours. Total program time of sixteen (16) hours.

3. The first session discuss the reasons for the program (education and rehabilitation). 

NYS seeks to decrease the personal and property losses due to driving under the influence of drugs and/or alcohol.  The program's original intended goal was educational and not rehabilitative but that has changed over the last thirty years. I think because the political tenor of our country and Courts has shifted to adopt a AA position in regards to the treatment of alcohol and drug problems. The NYS DDP has been around for over 30 years in one form or another. 

4. As discussed before you will participate. You will fill out a drug/alcohol screening form (see the M.A.S.T.), usually the Michigan Alcohol Screening Test or like format. You will write about the night of your arrest, and the events proceeding it. The DDP wants you to look at your behavior, and what led you to this point in your life. This program is about self reflection.

5. There will be two instructors, one who is an alcoholism counselor, and one who is a highway safety expert. Session two will cover traffic safety and safe driving. There will be films to watch and discuss. The alcoholism counselor will decide whether further drug and alcohol evaluation is necessary for each of the participants.

6. Session three connects the use of drugs and/or alcohol with driving safety issues. Myths concerning drinking coffee or splashing cold water or listening to music to sober up are dispelled.

7. The fourth session deals with the physiologic effects of alcohol on the body, and it's various systems. What happens at various blood alcohol levels. How function and behavior are dramatically affected. How alcohol affects the central nervous system See the youtube videos by Father Martin a proponent of AA. This was in the old version of the DDP. New versions don't have Father Martin or the Twelve Steps.

http://www.youtube.com/user/fatherjoemartin

His videos have been used at the DDP. His views and emphasis are on the disease concept of addiction.

8. Session five and six deals with alcoholism as a disease, and discusses alcohol abuse detection. AA (alcoholics anonymous) is discussed and recommended by the DDP. 

9. Session seven is a summary of the course. The sessions as a whole were developed to instill healthy decision making, change the participants attitudes, and prevent future unsafe driving patterns.

The VIP (Victim Impact Panel)

It can run from one to three hours in length.

Some of the speakers will be professional counselors involved in rehabilitation.

Some of the speakers may be people affected directly by drunk driving.

There are usually people affiliated with AA (alcoholics anonymous) who present at the VIP.

You will be breath tested on arrival.

The doors will be locked so be prompt.

You will be observed so do not bring books, ipods, or any distractions or else you will be marked as absent.

Do not fall asleep or else you will be marked as absent.

Some of the ideas, history, and concepts presented in this blog were inspired and adapted from online articles, the book Drunk Driving "an American Dilemma" by James Jacobs, and assorted sources. It is presented merely as an education and information tool in response to many people who have asked me about what really goes on behind closed doors.

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 550 + blog posts, dozens of articles, and over 520 informative videos on my youtube channel.

The DMV has Pickles, Pockles, and Hardship: The Five Phases of DWI Licenses

The Five Phases of DWI Licensure

I really wasn't sure what to call this blog post. I originally started with: A Tale of Three: The Hardship, the Pickle, and the Pockle, it all began when I saw that people applying to Ivy League schools (like Cornell) sometimes got another type of bad news called a DWI.

In that case the DWI stands for Denied Admission Without Interview, should really be DAWI. I learned that from living and practicing in Ithaca, NY.

We live in worlds of acronyms, my world has it's own language. The world of New York DWI defense. Some states have OWI (operating while intoxicated), OUI (operating under the influence), or DUI (driving under the influence). BTW all under the influence types of offenses are very similar but NOT the same. How about a little alcohol to a lot of alcohol? In my opinion, understanding the process and the acronyms is only half the battle but feeling more comfortable with the language is a start in the right direction.

In my mind there are too many confusing acronyms. I will seek to shed some much needed light upon the Hardship (Hardship License or Hardship Privilege),
the Pickle (Pre Conviction Conditional License), and
the Pockle (Post Conviction Conditional License).

The first license issue begins at the arraignment also called the initial appearance. This will usually occur twice. You will be arraigned without counsel, and then at a later date with your attorney present. You will be apprised of the charges being brought against you by the prosecution, and you will need to enter a plea.

This is also the point in time where the license or privilege holder loses their permission to drive in New York State. Called the suspension pending prosecution. The suspension pending prosecution occurs one of two ways: if you had a BAC of .08 or higher or you refused to take the Chemical Test. If the person charged with a DWI is a New York State license holder then their license is physically taken from them. If the person is from another country or state (referred to as a foreign license holder) then their license is photocopied, and their privilege to drive within the State of New York is suspended. From this point forward any permission to drive within the state will come with specific conditions. Please note that if you refused to test you will not be granted any conditional privileges to drive in NYS without a plea or a conviction to one of the drinking related charges. If you were acquitted of all DWI charges your refusal would still stand to block any hopes of a conditional license privilege for one year barring your demonstration at a DMV refusal hearing that the refusal warnings were not properly given.

A hardship license hearing can be requested at the initial appearance, and must occur within 72 hours (3 days) of the initial appearance with counsel. Most Courts have a hardship hearing at the arraignment if counsel is prepared with the necessary proof at that time.

The hardship privilege license is for three primary activities: driving to and from work, driving to and from school, and driving to and from medical care. In actuality, it is also extended by some Judges for three additional areas: your childcare situation, your children’s education, and your children’s medical needs. For instance, some Judges will allow pick up and exchange of children for purposes of spousal employment. This is very often a necessity where almost fifty percent of parents are either living separate households. On the other hand, some Judges will be very restrictive in allowing any driving privilege outside of the three primary activities. Proof must be provided to the Court to evidence the transportation needs being sought. These needs must demonstrate to the Court that there is “no reasonable alternative means of transportation available.”

Under the law, the hardship license (all licenses are permissions) is clearly for “to and from” work not “for” work. For instance, if someone’s job requires delivering products and/or services to different people or places this license would not cover those job duties. The DMV makes a clear distinction and exception for one thing: job sites. If you travel to do work at different sites then that is an acceptable use of the hardship license.

The hardship license is granted by the Court at the time of arraignment, and is usually considered a bridge to the Pre Conviction Conditional License. The suspension of your New York State license or privilege will be reported to the main office of the DMV in Albany. It will take about two weeks for Albany to process this suspension. Approximately two weeks after your suspension you can make application for a PCCL (pickle) at the local DMV. It is granted to New York State license holders, and out of state license holders that can show a clean record in their own states. It is suggested to all out of state license holders at the first possible moment after your DWI arrest to obtain a copy of your out of state driving record.

The PCCL is much the same as the Hardship license, except the Pickle allows driving not merely “to and from” work but “in the course of employment.” The distinction in wording is huge. Now the PCCL holder may drive “for” work. In addition, with a PCCL you can select a three hour period of discretionary driving privileges per week.

The last in our series of conditional licenses is the Post Conviction Conditional License or Pockle. After your case is resolved by plea or by trial you now return to the DMV, and apply for the DDP. The DDP is the Drinking Driver Program. The completion of the DDP is usually a condition of the Court for DWAI, DWI, and ADWI convictions or pleas. With the DDP comes the POCCL. You will not get a POCCL without attendance at the DDP. It allows for all that was permitted by the PCCL plus the ability to drive to and from the DDP classes, and any associated drug/alcohol treatment. As always there is more to say and tell and explain, you are free to contact me for further information or enlightenment.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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

The Width and Breath of Ithaca Alcohol Evaluations/Assessments

Well it is back to school time in Ithaca, NY. Our current population is about to double, and the turmoil on the roads is beginning to constrict my blood vessels. I moved here from the big city to get away from the madness of the crowds and traffic but all is really relative.

After three years of practicing DWI defense in the Finger Lakes region of New York State, I've gotten used to small town life, and whenever I venture out to the bigger cities I can feel the difference. Rolling hills, and green pastures soothe my soul, while large expanses of asphalt and concrete tend to now quicken my pulse.

Speaking of contrasts and relativity, drug evaluators and their evaluations fall within the same category. Every week I direct and guide my DWI clients to have alcohol/drug evaluations, and every week I am surprised by the reports I receive back. They run from one and two page check off lists to twenty page life histories. Now mind you they are (the evaluators) all OASAS (NYS Office of Alcoholism and Substance Abuse Services) certified as mandated by November 2006 legislative changes in the DWI statutes but their methodologies and philosophies on addiction practice are very subjective.

Many of my clients have to have alcohol evaluations either to enroll and complete the DMV DDP (Dept. of Motor Vehicle's Drinking Driver Program) or for the Court (BAC of .15 or higher) or for case leverage to prove they do not have a problem necessitating harsher punishment or long term supervision. I want my clients to receive a FAIR evaluation, that is complete and thorough.

If someone has a problem it needs to be addressed. Recognition and/or awareness is a nice start. Recently, I have come across evaluators and therapists, who are in my opinion stand outs:

Johanna Bos in NYC
Dr. Duffy in Long Island, NY
Mary Bellizia in Elmira, NY
Stuart (Stu) Bergman in Ithaca, NY
Suzanne Panetti-Stewart in Dryden, NY

Sometimes the length of the report only tells part of the story. Sometimes only writing a one page report can do the trick. One that gets to the heart of the client's situation in careful thought out words can be very effective tool to persuade a Judge and/or District Attorney to consider treatment over incarceration for repeat offenders.

I salute these professionals who care about doing a good job, and who help make my job as advocate for my DWI clients best interests a more certain reality. I have some criteria that I use when selecting an evaluator, and preparing my clients for evaluations. Please look over my blog entries on drug/alcohol evaluations as well as my blog resource list to get an idea of what will be asked of you and/or from you.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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

Word Power in DWI Defense: The Shack, The Hut, and The RAMs

Yes They Do!
from crowdfundgenius.com

What's in a name?

Apparently a lot. I can remember in the 70s (yes the 1970s) when Radio Shack had a battery club for kids. They would give you a free battery (any size) once a month when you showed them your Radio Shack Battery Card. I grew up with Radio Shack. I built my own radio, thought my 8 track was state of the art fidelity, and knew how to hook up my cars with equalizers, power amps, and speakers. As to The Hut, well I grew up in Brooklyn, eating Pizza Hut, and calling it "Pizza" was an insult to every Italian on the planet. We used to say that's cardboard wit cheese.

What you name something definitely creates an image, an identity, and an emotion. 

Think of the words, the Defendant, versus the Accused, versus John. You can almost feel the charge on the words lessen as you go along.

My profession gives me a keen interest in words, whether on paper or spoken. I have a deep respect not only for language but for communication. How you say something is just as important as what you say. Saying, "I love my wife" or "I lovvvve my wife" can mean two entirely different things. Am I sarcastic? Am I sincere? Am I being truthful?

First Order of Business: Demon to Human

As a DWI trial lawyer, I first seek to humanize my client in the Courtroom. Because everyone else has him or her pegged as a Demon. He has a name, a family, a job, and a place in this world. For people on a jury to see him or her "like" themselves they must be able to relate (empathy is powerful stuff) to them. As in the sense of "there but for the grace of God go I." Could I be in his or her shoes right now?

To the Government and their lawyer (yes the dreaded "government lawyer"), also known as the prosecutor, or to some not so kind, the persecutor, they seek to dehumanize people. Much easier to call someone a criminal, a crook, and find them guilty if they are seen as less than human. Therefore, they are not at all like you and need to be punished for their mistakes. Perceptions are really what we are after, much like The Shack and The Hut want to change the public's perception. Who are these companies? Who are these people? They are nothing more or less than what we assign to them.

In a DWI Trial the opinion of the arresting officer is the State's evidence and proof. Do we agree with them when they say our client failed their tests? To me, The Field Sobriety Tests now become the Roadside Agility Maneuvers (the RAMs).

You can't study for them. Afterall, how can you really call something a test if you don't know what's on it or how it is graded or if it is scored with "clues."

Words can hurt, words can heal, and sometimes words can even determine guilt or innocence.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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

How to Avoid Problems with the Government, the Courts, and the NYS DMV

Inefficiency and Incompetence
Go Hand in Hand
from dailypundit.com

I love the government, and especially agencies of the government, like the DMV. Dealing with them can be an effort in futility.

Here is my short HOW TO list for avoiding problems and/or keeping frustration levels low.

1. Read, read, and read again before signing. It is important when signing forms and agreeing to anything in writing, whether at the DMV or in Court, to check the dates, the amounts, the charges, and every other box on the document. I can't tell you the number of mistakes I see made all the time. Errors on documents can follow you and create a domino effect on a great many other things. I have had clerks put down the wrong charges on the final paperwork, and then the Albany DMV got the wrong charges (why are they always higher?), and then my client has the wrong charges on his DMV record for TEN years. (yes, DWI, ADWI, DWAI are all on your NY DMV record for 10 years). I have had Judges put down the wrong month on suspensions of driving privileges, and even the wrong year. Check, check, and check again, do not assume the numbers/dates are right. Hopefully, the attorney you are paying is reading and checking as well.

2. Keep perspective. I guess if we all lived out in the woods (far away from one another) we wouldn't need police, fire, roads, garbage pick up, and a government. Unfortunately or fortunately to run, stabilize, and organize the chaos of millions of people with varying needs we need organized laws, rules, and enforcement procedures. It is not good or bad, as I have to remember, "it is what it is." Complaining is not a defense. Unfair and unjust are conclusions not reasons. The facts must be evaluated, analyzed, and detailed to yield the big why? That is where a true defense comes from.

3. Learn what has to be done (mandatory) versus what is optional. You must report an accident with damages (police reported) to your insurance company. If you bump a car in the parking lot, and there is no damage or you and the owner agree to fix a small scratch, different story. You do not have to report your DWI or any other arrest or conviction to your insurance company if you already have coverage. If you are obtaining new coverage or changing coverage, you have a duty (an obligation) to reveal and not cover up your history.

4. You can get away with stuff but I do not advise it. People love to tell me what their friends and family get away with. You do not "have to" register your boat, or your moped, or pay your taxes, or a litany of many things. If you are caught you will usually face harsher punishments. So in the long run it pays to do the right thing.

5. Be nice to clerks. Those people working in the Courts or the DMV or any other governmental agency need to be treated with respect and consideration. A smile and a kind word go a long way to making your life much easier. They (the clerks) have the power and the knowledge to make almost any process go smoothly. Just the other day I was in a small town Court for the first time. A few weeks before my appearance, I called the clerk, and engaged in alittle chit-chat. When I arrived, she introduced me to the Judge, took me first, and gave me a heads up on how they do things in that Court. Suffice it to say, my morning went easy, my client was all smiles, and the hearing went well.

Well my psychology and philosophy for Dealing with Big Brother is part common sense, part common decency, and the rest, the knowledge that comes from hard experience.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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

Out-of-State License Holders Beware of Ithaca DWI!

Every State has it's License Issues
from sheer investigations.com

If you represent enough people over the course of time for DWI and all it's variants, basically similar types of charges, you begin to note the differences. People sometimes ask, "don't you get bored." Even though the law is sometimes static (the statutes), and you could see everyone, so to speak in the same boat, their cases all have subtle nuances. You would think that perhaps boredom was still a possibility, but then again the "application" of law (by the Courts) is dynamic, and almost everyone's given situation contains a certain uniqueness.

Where are You From and Where are You Going?

One such uniqueness, is where they are from and where they are going. Being in Ithaca, basically the basin of Cornell, I represent lots of people from other states and countries. Aside from those passing through the Fingerlakes either for vacation or business. New York State is a BIG state. Lots of farms, lots of land, tremendous expanses all around, and so hard to stay in the lanes on these country roads, and so hard to stay at a slow rate of speed with all these distractions.

Question One: Do You Intend to Just Live Here for a Time or is this Your New HOME?

"Residence versus Domicile"

Questions abound: How is this DWI going to affect my home state licensure? Is it possible that my license back home will be revoked? How long will it be revoked? Will my home state fine me as well and how much? If it is revoked can I still get a conditional license privilege back home?

Question Two: If I Intend to Live Here and Make Ithaca Home is it in My Best Interests to Get a New York State Driver's License?

So many important questions. I belong to the NCDD (National College of DUI Defense) so I usually go on our national listserve (it is an incredible resource for us DUI attorneys), and I direct my clients to the appropriate authority or information.

No I am not licensed in all 50 states, and I do not know everything. I cannot and I do not give counsel or legal advice on states I am not licensed in, so don't ask me to.

Question Three: If I Live Here but Maintain (keep) My Out-of-State License What are the Consequences?

Even if I did know everything, at any point in time, the laws and their applications are constantly changing. btw, I am licensed in NJ, PA, NY, and FL.

There is an Interstate License Compact among the majority (45) of states. Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan are all Non-compact states and don't share Drunk Driving (DUI and DWI) conviction information.

Florida License Holder with NYS DWAI

In August of this year, a Florida license holder convicted of a NY DWAI had their Florida license revoked for a period of one year. DWAI is a traffic violation in NYS and NY suspends the NY driving privilege for 90 days. Florida reasoned that the NY DWAI was similar to their DUI and acted accordingly. He probably would have faired better if he had been represented by an attorney in Florida instead of representing himself but that is a story for another day.

Pennsylvania License Holder with NYS DWAI

I recently had a client from PA who was convicted of a NY DWAI. PA viewed that traffic violation as similar to their DUI but did not do anything to their license. PA recently (in the past they were more harsh) began giving a free pass to first time DWI/DUI offenders in terms of license suspensions. On a second DWI, PA will revoke for one year with NO license of any type, conditional or otherwise.

Ohio License Holder with NYS DWAI

Another client from OH, just passing through the beautiful Fingerlakes got a DWI which was later reduced to a DWAI. This will potentially carry a six month suspension back in Ohio.

Fines are another possibility. NJ license holders will have to pay, $1,000 a year for three years to their DMV, and $250 a year to the NY DMV for any NY DWI or DWAI.

Knowing what you are facing is always crucial to your decision making process.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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

Pluto is No Longer a Planet and The Mystery of the DMV

Pluto deserves to be a Planet
from wombania.com

Well one thing is always for certain in an uncertain world, things are constantly changing. Yes DWI law and the New York DMV (Department of Motor Vehicles) are dynamic entities. Just today I was surprised, and not in a Happy Birthday! way.

I represent many people just passing through New York State. I got phone calls from three clients. They are from PA, NJ, and CA. The New York DMV has decided to require that out of state (foreign) license holders to provide a copy of their Home State's driving abstracts (records) prior to obtaining a pre-conviction conditional license privilege in New York State. Now why wasn't I told? Why no advance Notice of this to the general public and especially the legal community?

What impact will this have you ask? Well not much for those from NJ who can get an online abstract within usually a few days. Well for those with a license from say California, they will have to mail (snail mail) a request to get a copy of their driving record, and that particular state with the Terminator in charge (no online requests or fax requests thank you) it takes six to eight weeks. So potentially no driving privileges in New York for SIX to EIGHT weeks, that could be harsh if you have to travel for work or have to go to school or have to shuttle your kids to childcare.

I am in the process of asking a Judge to consider extending the hardship driving privilege (normally a thirty day bridge privilege) with cases such as this. So what to do if you are from a foreign jurisdiction (any state or place other than NY), and facing a New York DWI charge, get a copy of your home state's driving record immediately. 

It could mean the difference between being in limbo, and having at the minimum a conditional privilege to drive while your case is pending and BTW Pluto will always be a planet to me.

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 DWAI and Visiting Canada, Not So Fast

Well, they say (those weather people) that it has been the coolest New York July on record in like 30 years. A big Wow! I loved the excellent Ithaca/Lake Cayuga breezes in Ithaca this summer.

August reminds me of Canada, our close neighbor and friend. Toronto Island is incredible except for the mosquitoes (they bite hard). 

I recently had an inquiry (to my blog) about visiting Canada if you had a prior DWAI (driving while ability impaired) on your record. The person asking figured that since DWI here is a BAC of .08 or higher and Canada doesn't have a DWAI, and DWAI is a traffic violation (not criminal charge here) then he was good to go.

First, Get This:

NO MATTER WHAT YOUR BAC (blood alcohol content) 

CANADA SAYS IT IS A DWI/DUI/OUI

I have blogged about this before, playing lawyer. Reading statutes, laws, and assorted codes and then trying to understand all of this. Even lawyers have a hard time understanding all the nuances of New York DWI. 

First off, there are two main types of DWI, DWI per se (requiring a BAC), and DWI common law (sans BAC). You can still be found guilty of DWI without a BAC number. Harder for the government to prove but still possible. DWAI is legally defined as "any extent of impairment", it doesn't need a BAC number either. Yes, a BAC makes it more likely to be found guilty, even low BACs, but all the government needs to prove is "any" impairment.

Canadian Law Made Simple for Non-Canadians

In Canada they have law that also states a common law DWI or DWAI:

section 253

Criminal Code of Canada

Impaired Driving Sections

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or   (this is the Canadian "Common law" charge)

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. (this is the Canadian "per se" charge)

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.

This is how a NY DWAI is considered a "criminal" offense in Canada regardless of BAC numbers. So you have a few options, wait five years (after the end date of your original imposed sentence) and apply for a Approval of Rehabilitation OR Apply for a Minister's Permit by phoning Canadian Customs at 1-888-242-2100. See my original blog of April 23, 2009.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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