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:
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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