Ithaca Lawyer Asks Are You a Participant or a Spectator in Your Legal Case?

This is a Poster from Cayuga Medical Center

As the poster above illustrates, we are living in a day and age where people must ensure that their health providers (and legal providers) are doing what needs to be done.

The Medical "Speak Up" campaign highlights:

1. Ask Questions (know what's going on)
2. Pay Attention (be focused on what the doctors are doing, giving, and saying)
3. Educate Yourself (concerning diagnosis (what's wrong), tests, and your treatment)
4. Ask others You Trust to Speak Up for YOU
5. Know what your taking and why you are taking them
6. PARTICIPATE 

What is Representation?     

I believe that Any Representation = A Relationship

Years ago we lived in an age where people brought their problems to a professional (doctor, lawyer, CPA, financial advisor, etc.) and just let them handle it. "It" being their legal, financial, or health problem or situation. This person would just tell you what to do, where to go, what to say, and what to sign. There was little to no discussion or communication. The doctor said take this, the lawyer said do that, and so it went on and on. The basis of most of these relationships (representations) was authority to underling. This unbalanced relationship pitted the wise knower to unwise ignorant (lack of knowledge, not stupidity).

MY Holistic View or Viewpoint

I tell my clients as I told my patients (when I practiced Chiropractic) that you are not a mushroom who should sit in the dark, YOU are going to be involved in your case (and in your care) so that YOU are empowered, understand your options, and make choices (decisions) with intelligence. 

Being The Participant vs. Being the Spectator

These days we live in the age of information, the age of knowledge. It is abundant, it is accessible, and it is free. In my opinion, it is there (the internet, the library) so that people should no longer live in the proverbial darkness. We can look up people, diseases, crimes, processes, procedures, methods, philosophies, etc. It is wonderful to get answers to our questions, and even better I believe to have better questions to ask.

The dangers with too much information I see are twofold:

(1) lack of proper context (placement and perspective) for the information you gather,
(2) misinformation (too many sites, blogs, and articles written without credentials or experience)

A good advisor (navigator) will lay out the field (show you where the land mines (pitfalls) are) and help you make the best decisions about everything.

Remember that the basis of any accepted Court Plea (decision) must be threefold:

1. Voluntary (not forced or coerced)
2. Intelligent (understanding the options and it's relation to YOU specifically)
3. Knowing (the 360 degree perspective, the past, the present, and the future)

I say, You Should Speak Up to all Your Providers, of any professional service, especially legal ones.

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Larry Newman, D.C., J.D.
"counsel for flowers not mushrooms"

Doctor of Chiropractic
Attorney at Law (Juris Doctor)

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com

Ithaca Cortland Lawyer is Certified on the Draeger Alcotest Breathalyzer

Lake Cayuga sits at the Base of Ithaca, NY

I live within Blocks of this? Amazing!

This is NOT New Jersey!

Life has a great many twists and turns. I practiced law in New Jersey (and Pennsylvania) long before I practiced in New York. I lived in N.J., worked in the NJ prosecutor's office, married a girl from NJ, and enjoyed my time there BUT I'm a New Yorker at heart. I was born and raised in the streets of Brooklyn. You can take me from those streets but they are within me everyday.

Funny how I used to make fun of people who lived in the sticks (as my dad used to quip) but I love upstate New York, and in my more mature years (chronologically not mentally or emotionally) I have grown to enjoy the wide expanses of trees, hills, and farmland.

How did I get to the New Jersey Draeger Alcotest Certification?

1. I belong to the NCDD (National College of DUI Defense) and participate in their listserve with thousands of lawyers around the country who focus their practices on DUI/DWI/OUI defense.

2. I look for seminars, conferences, and programs that can improve my ability to defend DWI cases. I have been to many courses that teach breath testing, blood testing, and police field sobriety training.

3. My Coup D'etat!

I found out that the New Jersey Supreme Court has mandated that the Draeger company (which manufactures the Alcotest 7710 and 9510) has to provide assess to the defense bar (criminal defense lawyers) once per year the same test training and certification as it provides to the New Jersey law enforcement breath test instructors (called the coordinators). This is since 2006, so I am one of about 115 (120 took the course since 2006 but some are repeaters) certified by Draeger on the Alcotest.
I got excited because the Draeger is the main breath tester of our New Your State Troopers.

The course I took was limited to 20 participants. Many of them were experts who testify in Courts on the Draeger instrument, breath testing, and blood testing. There were some Phd. pharmacologists from Ohio, a few expert certified State Troopers, and a bunch of us defense lawyers. I was the only DWI defense lawyer from New York State.

I was trained and certified on the Draeger Alcotest (the only unit used in New Jersey) in the software, the analytical system, components and peripherals, as well as how to operate the instrument and perform a specific breath test sequence.

Me and the VP of Draeger, Hansueli Ryser

A lot harder to blow into than I imagined


All pictures taken with my new SONY Cybershot DSC- RX100
Absolutely a fabulous camera (recommended by David Pogue, New York Times tech genius)

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.

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Dr. Lawrence (Larry) Newman
Doctor of Chiropractic
Attorney and Counselor at Law


Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.cm

http://www.ithacadwi.com

New York State Police Use the Draeger Alcotest for DWI Arrests: Potential Defense Issues

2012 Certification on the Draeger

DOWNSTATE DWI TESTING

New York State uses a variety of breath alcohol testing devices to prove DWI (Driving While Intoxicated) crimes. In the Boroughs, and downstate (Queens, Manhattan, Brooklyn, the Bronx, Staten Island, Long Island) they utilize the Intoxilyzer 8000.

UPSTATE DWI TESTING

Law enforcement in Upstate New York Towns, Villages, and Cities use the Datamaster DMT. The state police love the Draeger Alcotest, which comes in two models the 7110 and 9510. By far the Draeger is the state of the art unit. It has dual sensor technology (two forms of testing) consisting of an electrochemical (fuel cell) system and an Infrared System.

What's in a name?Is it an Instrument, a Device, or a Machine?

The police, the prosecutors, and the manufacturers love to call them "instruments" but many of us in the defense community just loosely refer to them as "machines." At the certification class I just attended the instrument creator, and vice president of Draeger, Hansueli Ryser (I kept thinking Hans Solo from Star Wars) got upset that I referred to it as a machine, he said "Larry it's an instrument not a machine." I can understand the sensitivity, afterall I would not want my instrument which measures blood alcohol concentration to an accurate degree referred to as a mere machine just as the late Steve Jobs would not want his iphone referred to as a phone.

Evidential Breath Testing BUT does it Equal "Valid" and "Accurate" Evidence 

They are technically and more importantly legally recognized as evidential breath alcohol testing units. The evidential means that they have been approved, certified, and most importantly recognized to yield results that can be used in Court as "evidence" and as "proof" of the BAC (blood alcohol concentration) at the time (or there abouts) of testing.

This proof can be used against you to prove you were Driving While Intoxicated or Driving While Impaired in New York State. The list of approved devices is huge. These are just the best of the lot and the ones used in New York State. 

The Issues with Breath Testing

As great as these units are they have their limitations and issues. Just like any computer or microprocessor based system, garbage in yields garbage out. 

1. Must have a Good Sample of Breath.

One of the most important aspects of breath testing is gathering a sufficient, clean, and accurate sample of breath. There is a mandatory period of uninterrupted and continuous observation of the person before blowing into the unit. This is a big point of contention (defense) in many states with breath testing. Police observation in the back of police car (cruiser) prior to testing does not count. Leaving the subject in the room unattended does not count. Turning around to do paperwork does not count. 

Uninterrupted means uninterrupted.

Continuous means continuous.

In New York State it is a 20 minute period of time for this observation and not one minute less.

2. Biological Variables Person to Person

The units are set for the average person with an average basal (body) temperature with an average breath. Even the best of units will have a range of error just based upon this. They say the average person is Chinese, a female, and dead so averages can be deceiving and wrong.

3. The BIG Assumption

The biggest assumption with evidential breath testing is that the subject is done metabolizing alcohol. In other words you (and your body) are beyond the absorption phase. Your body has completely absorbed all the alcohol consumed and NOW you are completely in the elimination phase of alcohol. Why is this fact so important? Because prior to complete elimination your body will have varying concentrations of alcohol between the breath, the blood, the lungs, and cardiovascular system.

All of this is based upon Henry's Law which basically states that in a closed system of liquid and gas eventually the concentration of the molecules of a substance in the liquid will be equal to the concentration of the molecules of the substance in the gas above it. In the realms of breath alcohol testing we have BREATH (the gas) and BLOOD (the liquid).

From thescubastop.com

For illustration, #1 is one to one ratio (balanced), then #2 we have increased alcohol concentration in the lung (breath) tissues during the alcohol absorption phase, then #3 balanced alcohol in lung (breath) and blood in elimination (expiration) phase.

So in the absorption phase (#2) we have an unequal concentration of alcohol in gas (breath) and alcohol in blood (blood alcohol concentration). In fact in the absorption phase (#2) we have a higher BAC in the breath (cardiovascular/lungs/heart) area of the body and a lower BAC in the blood system.

So no matter how good a machine/instrument/unit/device we have these areas of contention. The human variables are always present without even getting into the problems with an accurate measurement.

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.

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Dr. Lawrence Newman

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

http://www.ithacadwi.com