Ithaca DWI Lawyer Playing the DWI Game

I believe life is a game. In fact, I also believe that marriage is a game, thriving in any long term relationship is a game, college is a game, professional practice is a game. To succeed at just about anything we need to :

1. Understand the Rules
2. Understand the Players
3. Understand the Game

The Game of Chess 

You always have choices. You always have decisions to make. Some big and some small. My father taught me how to play chess. Understanding chess, understanding the dynamics of that game I believe can help people in all life areas.

In chess, we have to stay moves ahead (predict future behavior), we have to sometimes sacrifice in the short term in order to win in the long haul, we have to maximize our positions, we have to understand our weakness. The best chess players see the game from a bigger vantage point. They don't get lost in the trivial, they see the bigger picture and larger goal. In other words, choose your battles, to ultimately win the war.

I meet people (mostly men) all the time that want to opt out of the relationship game. They are usually divorced, or alone, or in many short term interactions. They ask: Why should I have to tell her how nice she looks? Why do I have to give her cards expressing my feelings? Why should I have to get to know her? Who cares what she likes or enjoys or values? Yeah, they don't get or refuse to get the GAME! My sister taught me, a woman can't hear enough how beautiful she still is and continues to be day after day. I'm what you call a "learner." I listen and learn.

The Game of Relationships

You are learning as much if not more about social interaction in school (college/university) as you are about any other given subject. There are those who don't care how they play with others. They don't see or seem to want to know how what they do and say or a face they express can make them not only unlikeable but a pariah to those around them.

Learning how others tick, what is important to them, what they care about and for is called "caring."
The one who meets those values, supports and challenges those values, will be sought out. This is sometimes referred to as "love." Being loved is being valued for who YOU are!

The DWI Game: Win-Win-Win or Lose-Lose-Lose

So what does all this talk of chess and love and relationships have to do with New York DWI defense?

Great question, Criminal defense is a game, that is why we have the captions:

People of the State of New York

versus

John Doe

Every player in the game wants something from someone. The Judge acts as referee, and rule giver, and rule explainer. Sometimes we will bring in a group of people called a jury to decide on the best version of the facts (the story).

Prosecution: Idealized goal = justice (protection of society, citizens, community)
Judge: Idealized goal = fairness of process (constitutional rights assured, due process rules)
Defendant: (citizen accused) = exoneration to fairness to appropriate sanctions
Jury: Idealized goal = fact finder, purifier, truth seeker, decider of legal guilt or legal innocence

Legal Guilt or Legal Innocence is rather different from true guilt or true innocence

The legal game has to follow evidentiary rules, timing, forms, processes, instructions, and burdens of proof. 

The civil legal game, is different than the criminal legal game, is different from the administrative legal game.

Bottom line, get someone to help you play the game who knows the game.

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

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


Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

No Lights, Low Lights, or High Lights: Defending the New York DWI Stop for High Beams

This video focuses on how I explore (at a suppression hearing) the three areas of questioning (cross examination) for the police stop for the infraction of Dazzling Head Lamps (lights).

High beams, were they really on? 

Police officers who claim that a cars head lights drew their attention draws my attention as a criminal defense attorney. Sometimes they claim no head lights were on, as in "inadequate lights" violation.

Sometimes they claim that the head lights were "dazzling."

New York State VTL 375 (2) (b)

  2. (a) Every motor vehicle except a motorcycle, driven upon a public

  highway during the period from one-half hour after  sunset  to  one-half
  hour  before  sunrise or at any other time when windshield wipers are in
  use, as a result  of  rain,  sleet,  snow,  hail  or  other  unfavorable
  atmospheric  condition,  and  at  such  other  times as visibility for a
  distance of one thousand feet ahead of such motor vehicle is not  clear,
  shall display:
    1.  at  least  two  lighted head lamps on the front, one on each side,
  having light sources of equal power;
    2. if manufactured prior to January first, nineteen hundred fifty-two,
  at least one lighted lamp on the rear which shall display  a  red  light
  visible from the rear for a distance of at least five hundred feet;
    3.  if  manufactured  on  or  after  January  first,  nineteen hundred
  fifty-two, at least two lighted lamps on the rear,  one  on  each  side,
  which  lamps  shall  display  a  red  light  visible from the rear for a
  distance of at least one thousand feet; and
    4.  if  required  to display a number plate on the rear, a white light
  which shall illuminate the numerals on such plate in such manner  as  to
  render  such numerals legible for at least fifty feet from the rear. The
  provisions of this subparagraph shall also apply to trailers.
    (b) All lamps used on a motor vehicle except a motorcycle shall be  so
  arranged,  adjusted and operated, as to avoid dangerous glare or dazzle.
  Except as provided in paragraph  (d)  of  this  subdivision,  the  upper
  outline  of  any  beam  of  dazzling  light projected to the left of the
  longitudinal axis of the vehicle by the lowermost light distribution  of
  a  headlamp  designed to produce more than one light distribution, or by
  the single light distribution of any other lamp used  on  such  a  motor
  vehicle,  shall  not  rise  higher than the lamp center at a distance of
  twenty-five feet nor higher than  forty-two  inches  at  a  distance  of
  seventy-five  feet.  In  each  case,  the  height  of  the beam shall be
  measured from the plane upon which the vehicle stands and  the  distance
  shall be measured from the lamp projecting the light.

4th amendment to the constitution

There shall be No unreasonable search and seizure (stops by the police)

1. I always check to see if they were actually blinded by the lights, were their eyes affected?

2. I check to see if hey had to change their driving, did it affect their operation?

3. I check to see if they actually checked the lights, were they special lights? Xenon lights?

Or were they really set to high beams?

The best New York State high beams (dazzling lights) case to defend is:

PEOPLE v. ALLEN2008-03239.


89 A.D.3d 742 (2011)

932 N.Y.S.2d 142

2011 NY Slip Op 7853



THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
KEAGAN RUSSEL ALLEN, Appellant.

We agree with the defendant's contention that in order to constitute interference, a defendant's use of high beams must "hinder or hamper the vision of [the] approaching motorist" so as to actually have an effect upon the other driver's operation of his or her vehicle (id. at 395). For example, in People v Meola, the Court of Appeals found sufficient proof of interference where a State Trooper testified that the defendant's high beams caused the officer to reduce his speed (id. at 395-396).

Here, by contrast, the proof adduced at the suppression hearing was insufficient to demonstrate that the defendant's use of his high beams affected the State Trooper's operation of his vehicle. Although the State Trooper was caused to squint, the defendant's high beams did not hinder or hamper the vision of the State Trooper so as to affect the operation of his vehicle.

So the high beams (the dazzling) lights must affect the vision of the other driver before it could be considered a "VIOLATION."

Otherwise the police stop is illegal and IMPROPER in these situations.


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

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


Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Ithaca Lawyer "Splitting the Baby" or Why Sometimes DWI Juries like to Compromise Unreasonably

Splitting the baby, an unreasonable solution
from sodahead.com

In the vast majority of New York DWI cases we have at least two different misdemeanor charges:

1. DWI per se based on a BAC .08 or more

and

2. DWI common law based upon "inability to operate mentally and physically as a reasonably prudent driver."

In Kings 3:5 - 14, two women both claimed to be the mother of the same child. In actuality, one had killed her child, and then claimed the other mother's child as her own. This problem was brought before the Wise King Solomon. He said, "well then let's cut the baby in two and each can have half." The mother whose child was already dead didn't care but the "true" mother of the child stopped this ridiculous solution and was willing to give her child up, just to at least keep it alive. The wise King revealed the real mother.

Splitting the DWI Baby 

The expression, "Splitting the baby" with DWI cases means that a jury can find a person guilty of one of the DWIs, and not guilty of the other DWI. In the minds of most people, and defense attorneys this is hardly a "good" solution. The person is still guilty of a criminal misdemeanor either way.

I hate when DWI juries find my client not guilty of having a BAC of higher than .08 but still find them guilty of common law DWI. It is a compromise of sorts but fair or making sense it is not. I feel it is an unreasonable solution to DWI guilt or innocence.

IMO I feel the better compromise would be to find guilt to the lesser included charge of DWAI (driving while ability impaired). This is a BAC of .06 to .07, and/or driving with any extent of impairment. 

Unfortunately, DWI jurors don't always see it this way!

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

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

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

 

Do I Need a New York State Lawyer for My Out-of-State DUI?

Don't Completely Trust the Government 
from anonymousartofrevolution.com

So many things in life are really about risk management.
How well do you manage RISK?

After all do you really need life insurance?
Do you need disability insurance?
Do you need collision coverage on your older car?

Why don't you ask the widow with four kids whether she wishes her husband had a policy.
Ask my lawyer friend whose car was totaled by a hit and run driver (and who had no collision).
Ask the plumber who just injured his back, and is now looking at a long and difficult recovery.

Is NEED a Word of Weakness?

I hate the word need. You want to be needy? Noone wants to be but the truth is that there is less to need IF you are prepared, IF you are proactive, and IF you talk to the right people and follow the right advice. Free advice is usually worth what you paid for it.

I was recently on an online forum where people can ask lawyers questions anonymously.

New York License with a Florida DUI

One guy with a New York state driver's license, and now a Florida DUI asked if he needed a NYS lawyer. Most attorneys responded, no. You don't need a NYS lawyer. Why would you? They couldn't see or understand the need.

Why did I Disagree with All the Other Lawyers?

I completely disagreed Because the NYS DMV will treat his out-of-state (Florida) DUI as a NYS DWAI. He will face a 90 day license suspension, and he will face taking the DDP (drinking driver program) to get a NYS conditional driver's license (privilege).

Part and parcel of the DDP is going to be his participation in the program, and his potential referral to a drug/alcohol assessment (evaluation). If he goes into all of this "willy-nilly," as in I'll just see what happens, you better watch out.

He could be facing a referral to many months of rehab/treatment/coupled with an improper or inappropriate diagnosis of an non-existent drug/alcohol problem. A diagnosis and a report that will be logged into a government computer. A Record and A label that will follow him for a lifetime.

A Very Simple Truth

If any government agency makes a mistake it is hard to impossible to correct. Imagine going state to state, job to job, for the rest of your life with a recorded/certified history of a drug/alcohol problem?

These very experienced lawyers may be great criminal lawyers but they are lacking knowledge in this very important area. People can be targets by any administrative body. This could be the government, the court, the prosecutor, or even the good old NYS DMV.

As a guy who gets dozens of phone calls every week from people who have been represented badly (inadequately, poorly), who are still wondering and wandering about not only what happened to them but what they will need to do in the future to fix things?

Every legal matter involves dealing with three aspects:
Your past, your present, and your future.

At the very least it pays (it doesn't cost), I repeat "it pays" for you to have a lawyer to insure and assure the best outcome before moving into any uncertain and dangerous waters, even administrative ones. Remember, You will have to live with the outcome of all your commissions as well as omissions. 

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

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

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

  

Ithaca DWAI Lawyer When 1 + 1 = 3 or Why Marijuana + Alcohol = Trouble

Ithaca is NOT GORGES
It's Pipes, Bongs, Shishas, and Hemp

The prevalence of marijuana use continues to increase nationally not just locally. Whether this use pattern is due to it's increasing "legalization" or it's increasing "medicinal value" or it's new found increasing social acceptance is unclear.

Both directly and indirectly marijuana is assuming a new role as the second most used drug after alcohol. In the not too distant future I believe that pot will be easy to obtain, legal, prescribed by doctors, marketed and advertised both recreationally and in a host of products.

In my Ithaca legal practice I am seeing more DWI and DWAI cases that are involving the combination of alcohol and marijuana. From my perspective this is more common with the college crowd. This correlates with all the recent studies which indicate the most common age group to combine drugs and alcohol with driving is highest in those in the 19 - 20 age group.

The Green Dragon
from weed forums.com

THE PROBLEM WITH COMBINING: THC and Alcohol

A study from the Netherlands (Dr. James O'Hanlon) examined the effects of THC upon driving in combination with alcohol. The conclusions reached were that one drug (THC) potentiated (increased) the effects of the other (alcohol).

1.  .04 BAC alcohol plus low dose of THC = the impairment effects of .09 BAC
2.  .04 BAC alcohol plus moderate dose THC = the impairment effects of .12 BAC
3.  .04 BAC alcohol plus high dose THC = the subject could not even stand up (was falling down)

.04 BAC = approximately 2 drinks (2 shots = 2 regular beers = 6 - 8 oz. of wine)

The impairment effects from the combination of THC plus this low level of alcohol lingered for 3 hours. Alcohol at the .04 BAC level should dissipate back to zero within this same time period.
In fact, .04 BAC alcohol is not even impaired in NYS (.06 BAC to .07 BAC is legal impairment).

KEY TAKEAWAY:  Choosing to drive when combining marijuana and alcohol can be much more dangerous than alcohol or marijuana alone. The impairment effects are far greater, and the effects last way longer than either by themselves.

Don't ride your car AFTER you ride the Green Dragon! 

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

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

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Ithaca DWI Lawyer Will Bieber be Deported? The Long Term Immigration Consequences of DWI

Eggs and THC, fun, fun, fun
from youtube.com

Maybe ignorance is truly bliss

First, my two girls (17 and 24) love the Bieber, the hair, the smile, and the magnetic personality are intoxicating (excuse the pun). In fact, this Christmas I had to listen to his latest holiday album (over and over) because of their affection (or affliction). But Justin has his fair share of growing up to do. His recent egging incident in California, and now his Miami DUI are a cry for help IMO.

As a DWI lawyer in Ithaca, NY I have lots of clients from China, Korea, and overseas who attend Cornell University. We must always be mindful of their immigration status before treading the criminal waters. Their immigration status must be discussed, evaluated, and researched before entering into any criminal plea negotiations. The collateral consequences of a plea of guilt (to any charge) could have an impact upon them being here and staying here to work.

Immigration Consequences and DWI

Justin is a NOT an American he is a Canadian. Like so many other famous Canadians he is here on a performers visa, an 0-1. These type of visas are given for those people with extra-ordinary ability and/or achievement, don't tell Justin that, he doesn't need to add to that ego. O-1 Visa is for Individuals with "Extraordinary" Ability or Achievement. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

 BUT People here on these visas have a "sensitive" status, they are deportable IF they get into trouble and make themselves unwanted. Serious crimes (like his $20,000 damages felony in CA) and/or his DUI can make him deportable.

INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS (Bieber is an Alien)

Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(i) In general.-Any alien with permanent resident status on a conditional basis under section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.

(2) Criminal offenses.-

(A) General crimes.-

(i) Crimes of moral turpitude (egging while on drugs, driving super cars at high rates of speed while on drugs).-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer (felonies) may be imposed.

is deportable

  

(ii) Multiple criminal convictions (he does have both CA and FL pending) -Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.

  

(B) Controlled substances (marijuana and cocaine are both controlled substances) 

(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable. Justin has already admitted that he has a substance abuse issue.

Non permanent residents like Justin can be kicked out of the good old USA for the types of things that Bieber is doing. The driving, the resisting arrest, the drugs, the DUI, and it goes on and on. 

As they say in Canada, Pretty Interesting, heh?

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 490 blog posts, dozens of articles, and over 470 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 DWI Lawyer How Long Can You Stand at a Green Light in New York?

STAYING TOO LONG AT A GREEN LIGHT, 

IS THAT A VALID (LEGAL) REASON 

FOR THE POLICE TO STOP YOUR CAR?

Just a Green Light or a DWI Defense?
from business insider.com

DWI cases can sometimes turn on

mi·nu·ti·ae

məˈn(y)o͞oSHēˌē,-SHēˌī/

noun

1. 1.

   the small, precise, or trivial details of something.

DWI stops of cars are usually for equipment and/or moving violations BUT this is NOT always the case. I recently had a case where they said (the po po) that my client paused too long at a light after it turned green.

That was the reason that they followed, and then pulled the car over.

A pregnant pause at a traffic signal is not the best reason to feel someone is out driving impaired or intoxicated or high. So I demanded a suppression hearing to get real clear on the details of this stop and the driving prior to it. My defense, there was NO bad driving (including this pause/hesitation).

Just because it is 3am on route 13 doesn't mean you lose your constitutional rights to be FREE from

"the unreasonable and unlawful search and seizure" by the police (this is 4th amendment stuff).

So at the hearing the cop testified (quite honestly) that the only reason they suspected a problem with the driver was this hesitation. 

Looking at NYS case law, there is one case directly on point for this exact thing. 

PEOPLE v. MARTINEZ2010NA023365.

31 Misc.3d 201 (2011)

915 N.Y.S.2d 819

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,
v.
CARLOS R. MARTINEZ, Defendant.

A person stopped at the green for almost 30 seconds (the yellow just came on) and then went. Other cars actually passed them as they waited. The high court still did not feel this was reason enough to warrant (to allow) the police to stop the car.

The officer testified at the suppression hearing to the following:

When the traffic light turned green the defendant's vehicle did not move. Officer Barnes indicated that he could not see the defendant doing anything unusual in his car at that time. There was no testimony as to whether or not the defendant had either of his turn signals activated or whether or not there was any oncoming traffic on Main Street traveling in the opposite direction of the defendant, Officer Barnes and the two other vehicles between them. Within seconds of the traffic light turning green, while the defendant remained sitting at the light, the two vehicles between the defendant and Officer Barnes moved around the defendant and continued on their way. Officer Barnes then pulled behind the defendant.

Approximately 30 seconds after the traffic light had turned green, the light turned yellow and the defendant proceeded to make a left turn onto Front Street. Officer Barnes did not testify that the defendant failed to signal this left-hand turn or that there was anything improper about the manner in which the defendant executed his turn.

KEY TAKE AWAY:

It is illegal (improper) to stop someone for waiting too long at a light before turning in New York.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses. 

SOMETIMES the little details can win the day?

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 DWI Lawyer Explains the High Beams New York DWI Traffic Stop for Dazzling Lights

Are these Lights on High Beams?Are they really dazzling?
from Swankmonkey.com

In New York State a police officer (any LEO = law enforcement officer) can pull you over (STOP your car) for a moving or an equipment violation. This is the most common reason for someone being stopped by the police. They were speeding, they went through a stop sign, they don't use a tern signal, etc. But sometimes the police say that someone had their brights on, their high beams.

New York State VTL 375 (2) (b) "Dazzling" Lights 

TWO Pressing Questions:

Is it against the law to drive with your high beams on?
When is it an improper (or illegal) for the police to make a stop of your car for high beams?

Well in these types of DWI cases the main word is: INTERFERENCE

It is NOT illegal to drive with your headlights on high UNLESS it interferes with the operation of cars by others, i.e. the police officer/trooper/deputy that pulled you over or other motorists.

How do I combat a "bad" (illegal) stop in these circumstances?

I demand (request) a suppression hearing of the STOP of the car. This is called a Huntley hearing in New York State. At the hearing I will cross examine the officer (ask questions) about the circumstances that had them pull you over.

I have had officers state that they did not alter the operation (driving) of their cars.
I have had officers state that they could look directly into the beams as they approached.
I have had officers state that they never issued a violation ticket for supposed high beams infraction.
I have had officers state that they never checked to see if the high beams were actually on (some newer cars have xenon head lights).

Is it high beams or a newer car with high end lights?
The better Question, is it an illegal stop?
from xenon headlights.net

IF they were not interfered with in their operation then under the New York case law = the stop for high beams is unwarranted/improper/illegal.

Remember that ALL evidence discovered (pot, drugs, DWI, breath, blood) after an ILLEGAL STOP of a car is INADMISSABLE!!

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 DWI Lawyer: It's Official "New" New York GRADUATED Probation Terms

This is NOT Tompkins County Probation, these look like bad a--- SWAT cops!
from witnessla.com

I love to get good news, who doesn't? Whether it is a Judge's decision to dismiss charges, or a prosecutor's decision to reduce charges or a new offer to a better plea deal, I'm excited. Then I can call my client and report the good news, G-d knows I hate to report bad news.

The newest good decision from Governor Cuomo:

Graduated Probation Sentences for Most Offenses Now Authorized 

On Jan. 10, 2014, Governor Cuomo signed a bill that authorizes graduated probation sentences for most felonies and class A misdemeanors, as well as unclassified misdemeanors. (L 2013, ch 556.)

Graduated Sanctions means that New York Judges can now vary the terms of Probation. For DWI cases (misdemeanors and felonies) this means the term can be less than the set in stone:

THREE YEARS on DWI Misdemeanors (NOW 2 or 3 years) 
FIVE YEARS on DWI Felonies (NOW 3 or 4 years)

Most pragmatically I don't think the majority of DWI felony terms will be less than five years BUT I do believe that many town, village, and city court judges will be OPEN to hearing reasons why a person may deserve a LESSER TERM OF PROBATION.

I Love Tompkins County but Being Stuck in
Tompkins County may not be for everyone?
from tompkinscountyny.gov

Remember that New York Probation = Probation Supervision = Community Supervision

"Community" meaning in the county you live (reside at time of the offense), you are now pretty much stuck.

Meaning you are locked down to:

 #1 Staying in New York State

IF You or your loved one is offered a job/school/business opportunity in Florida or California you are SOL. That's not good!

#2 Staying under close supervision for drugs and/or alcohol use for three years in the county you lived at the time the crime was committed

It May be much harder to relocate to another NYS county, and get your probation transferred. It also May take awhile to complete your treatment/rehabilitation.

#3 Spending three years in a county and/or a state you were really only intending to pass through can be downright depressing. I like choice, it brings empowerment and a feeling of liberation. Long terms of probation can feel like a form of modified incarceration. Kinda like being married (only joking).


NOW Spending one or two years on (or in) probation supervision is more liveable for you and your loved ones than three years.

Convincing a Judge, Prosecutor, and Probation Department why you deserve a lesser term is a blog post for another day. 

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