Ithaca DWI Lawyer Attends The 28th Annual Metropolitan New York Trainer

In the background is one of my favorite speakers of the day, Attorney Jeff Adachi
Chief Public Defender of the City of San Fran, an amazing speaker!

This past weekend I attended the Twenty-Eighth Annual Metropolitan New York Trainer which is put on by the New York State Defenders Association. This year it was hosted at New York University Law School. This grand old law school, has amazing history. It is New York's oldest law school and has been attended by a great many famous judges. In fact our current chief judge, the Honorable Jonathan Lippman (NYU 65' and NYU Law 68') hails from this grand institution. He is working hard at progressive reform and transformation of some of our antiquated New York laws.

Washington Square Park is right across the street from NYU
It is a beautiful park, and I love the marble arch erected in 1895.

I love coming to city. Some things I didn't love were the packed room of 350-400 lawyers, with not an empty seat in sight. The seats in Tishman Auditorium at NYU were from the "before" time with little fold out desk tops, and hard backed chairs. Not comfortable for a full day of seating for us more mature (maybe chronologically but not emotionally) lawyers.

I didn't love the Washington Square Starbucks aka Starbucks at Faye's aka NYU Sbucks at trying to charge me $1.09 for an empty cup. I've been to Starbucks all over the world and throughout the US and have never had such a sour experience. I like to mix my milk separately (call me neurotic). I later found out it is a licensed Sbucks not a corporate Sbucks meaning it does not have to live up to Sbucks focus on service or civility.

I also dined on famous Ben's Pizza at lunch, which gets a 3.5/5 stars, sorry Ben's. I liked the little New Zealand Australian pie shop (the village is cool) called DUB Pies on Mac Dougal Street (Down Under Bakery). I had a spinach feta pie, and a mini apple pie, simply yummy and 5/5 stars. The pies were not cheap (had both for like 8 bucks) but nothing (of any quality) in the city is inexpensive these days. The weather was an incredible 60 plus. Driving back to Ithaca Sunday it was snowing and dropped into the teens (yuck).

What I learned was the bonus:

1. Recent Developments in New York Criminal Law and Procedure in the Court of Appeals.
2. Using Checklists to Improve Outcomes in Criminal Cases.
3. Challenging "Scientific" Evidence.
4. Preparing For and Litigating a SORA Hearing.
5. Summation Choices for Criminal Defense.

I really wasn't expecting the using checklists talk to be so insightful but it was. The speaker is "the" Chief Public Defender for the City of San Francisco. He is one of only a handful of elected Public Defenders around the country. The only city in California to have one, and one of four others in the country. He manages 97 attorneys and 80 plus support staff to assist a city population of a million people with legal aid. He was absolutely brilliant and well organized to task. I plan on implementing many of ideas he shared to better my practice.

All the rooms at the law school are set off with lovely moldings
and fantastic woodwork. I can appreciate the attention to detail.

Continuing education is not about the CLE hours for me, it is about growing me, and as a result my legal practice. Just one good idea can be transformative, and that is always my goal from any seminar, conference, book, and/or audio program I invest in.

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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Ithaca Lawyer Read Carefully of Courtesy, and Banker's Letters

It costs nothing to show courtesy
from guelph.ca

You know my father in law is an ex banker. We are all indebted to the bankers and banks for allowing us the privilege of borrowing money to get our educations, start businesses, and buy homes. I recognize that but I don't like words or terms of BS.

BOA recently sold their local branches to Chemung Trust. I like them for a few reasons. One, great service, two, free cashier's checks, and better candy than BOA lollipops (hey I'm over 5, well maybe not emotionally). A recent letter from the bank put them back into the position of BANK.

What is Courtesy Pay at Chemung?

Dear Customer:

Our Courtesy Pay is a non-contractual service (yet I am being asked to sign up for it), which allows the bank's discretionary payment of overdrafts for those accounts maintained in good standing. There is NO charge to have Courtesy Pay available with your account; although a $35.00 fee is charged each time you utilize the service.  (all emphasis is mine)

It took me a few minutes to reconcile NO charge with $35.00 each time but it finally clicked. Sounds kinda nice this Courtesy thing but is it really a Courtesy if I am being charged $35.00 each time?

Courtesy = considerate act or behavior, politeness, thoughtful  BUT DOES NOT = $35.00 each time.

Hey Chemung a Courtesy Phone is FREE!
Hey Chemung it's called "common" courtesy for a reason.
Courtesy Costs Nothing or at least it should.

You can call something whatever you would like to but that don't make it so!

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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Ithaca DWI Lawyer Can You Get Rid of Your DWI Arrest Record?

I recently received this inquiry from a former client (the names, dates, times have been altered)

I have a question regarding my arrest history, which is widely open to the public—displayed on the Cornell University police website. I was arrested by Cornell University police many years ago, and was accused of DUI. I almost erased this unpleasant memory from my ordinary life, but I was reminded of this incident when I received an email from a friend. 

My friend said that he conducted a Google search to find my education history information by typing ‘my name + Cornell.’  Instead of finding my education history, he found my arrest history on the Cornell police website.

I was very surprised, stressed, and this is making me feel unsafe because my private record is has been widely open to the public. Indeed, I do not intend to hide my arrest record if someone requested this information for an appropriate reason and using the proper procedures, I would provide that person with this information.  However, I do not think it is legitimate to open my personal information and history to the public so everyone can search my arrested record.  

 My questions are as follows:

1) Is there any way to get rid of this record from the police website? Do the police keep these histories permanently?

2) If it is NOT possible to erase this arrest record, is there any way to block the record from being searched using Google or other search engines?  This blocking process, of course, has to be legitimate. Do you have any idea or advice on this?

My response:

It's impossible. It's like erasing the news or the weather. It happened and it was a public record. How would or could anyone erase something like that ? 

Arrests are reported to the news. It is afterall a "PUBLIC" event/incident.

I guess the first question is: Is it or are you newsworthy? 

How much or how little of it is talked about or written about YOUR DWI would be determined by the severity of the charges? Was there an accident? Were there people hurt? Are you someone of prominence within the community? A political candidate is most definitely front page even if their DWI is minor as is the guy that works a local fast food place that kills someone.

Are you of interest to the public? The truth is that Bad news sells.

I think searching your name over and over would not help to bury your history on page 20 of google. It is kinda like asset protection or security. As good as it is or no matter what you spend "It" is never 100%, it just makes it more difficult for people to get at or to your stuff. People prefer easy and do not like to work hard so I would just forget about it and leave it alone.

I believe that in this day and age "If" someone searches long enough and hard enough I am sure they would discover arrests, divorces, license problems, education history or your review of a restaurant in Cleveland.

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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Ithaca DWAI Lawyer The Power of Just Three Little Words = To Any Extent

Judges charge juries. Judges can also charge themselves. Yes, in a bench (only a judge with no jury) trial the judge must give themself directions and instructions. It sounds silly but it is true.

What is Charging in Criminal Cases?

Charging means giving (providing) legal instructions. Judges give jury instructions aka charges to the jury. These explain the standards to be employed in making their decision. They must give legal definitions and sometimes clarity to the law to be followed in each specific criminal case. Often these directions are confusing, difficult to follow, and in need of repeating. It is common for juries to ask for more information and explanation.

Where Do These Instructions Come From?

Well Jury instructions or directions come from a number of places. Before juries (or judges) charge the jury (or themselves) the prosecutor and the defense attorney will discuss them with the judge. Sometimes the directions are changed, are argued about, and then some agreed to and others thrown out. The art and science of drafting (writing) jury instructions should never be overlooked by an attorney.

One of the most common references in New York State for jury instructions come from the OCA. The Office of Court Administration has a set of standardized jury instructions for DWI and DWAI and DWAI drugs.

Words can have a lot of power and control
from presenting-yourself.com

Why Do I Believe the Difference Between Drugs and Alcohol Makes the Jury Charge UNFAIR?

In defining the New York charge of driving while ability impaired by drugs VTL 1194 (4) the OCA uses the same instruction as the one for impairment by alcohol. I believe this is a rather low and unfair standard. Because impairment by Alcohol is a violation (non-criminal) level offense WHILE impairment by Drugs is a misdemeanor (criminal) level offense. To give a violation standard to criminal level offense creates an uneven playing field between defense and the prosecution of these charges.

The OCA standard jury instruction for NYS impairment by drugs and/or alcohol:

In order to drive safely, a driver is expected at all times to be able to think clearly and act carefully. If, by  reason of the consumption of drugs (or alcohol) a driver loses TO ANY EXTENT  control of his mental faculties and his physical responses, our law considers that he has operated his vehicle while under the influence of a drug or drugs.

TO ANY EXTENT MEANS JUST THAT = TO "ANY" EXTENT

What Does the DWAI law REQUIRE?

According to the law (of the state of New York), a person's ability to drive safely is impaired by the use of drugs when, by voluntarily consuming drugs, he has actually impaired, TO ANY EXTENT, the physical and mental abilities which he is expected to possess in order to operate his vehicle as a reasonable and prudent driver. The law DOES NOT REQUIRE PROOF that such ability to operate his vehicle has been SUBSTANTIALLY AFFECTED (by drugs and/or alcohol). The PROOF need only show that such ability to drive safely has been affected "TO ANY EXTENT."


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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Ithaca Lawyer Explains the Maryland Driver's License with a New York DWI

The Protections of Double Jeopardy and Administrative License Sanctions

All states are not the same. When it comes to DWI/DUI license penalties, one state will punish your first time out of state DWI/DUI, and another will do nothing about it. One state will fine you thousands of dollars (New Jersey is $3,000) another will have no fines at all (Pennsylvania). One state will take away your license with absolutely no conditional (work) privileges, and another will no effect any of your driving privileges.

I love Ashley Judd and Tommy Lee Jones
Great Movie btw, from tehparadox.com

Many people mistakenly believe that double jeopardy applies to license punishments in DWI cases, it does not. Double jeopardy means you cannot be punished for the same crime twice but when it comes to license issues (problems) you can be punished twice!

BECAUSE

A license is a driving "privilege" NOT a right. It is a permission to do something akin to a property right in some sense. What that means is that if and when you are facing license sanctions (ie. punishments) in one jurisdiction (area/state) it is likely that you also be facing a license issue back in your home state as well. Administrative privileges have much lower levels of proof, almost lower than a civil level. If something is a little more likely than not to be true, well then it is.

The First KEY Point is Does the New York Offense = the Offense Back in Your Home State

By legal definition is it "substantially" the same? Or is it different?

I recently had two cases of Maryland licensed drivers with pending New York DWIs. The big win on both was getting the criminal misdemeanors reduced to our non-criminal violation offenses called DWAI (driving while ability impaired by alcohol). This is New York VTL 1192- 1.

I belong to the NCDD (National College of DUI Defense), and with out of state license holders I call my friends in these states who are conversant with the current laws and administrative rules pertaining to DUI/DWI.

Maryland DUI Law versus New York DWI Law

In these cases with Maryland I discovered that there is a Maryland charge of ability impaired. The Maryland DUI Impaired is "prima facie" at .07 BAC (blood alcohol concentration). Prima facie evidence means facially sufficient proof to bring the charge but not necessarily prove the charge. It is disputable, and arguably not impairment at .07 BAC. In Maryland it is "assumed" that at .07 you are impaired by alcohol. While in New York state if YOU are .06 BAC there is a legal presumption that your ability was impaired by alcohol. Maryland also imposes 8 points on your license for what they consider DUI impaired by alcohol.

This means that one could argue that Maryland alcohol impairment and New York alcohol impairment are fundamentally (substantially) different charges, and therefore any punishments (sanctions) brought on a Maryland licensed driver with a NYS DWAI should NOT be imposed.

Practical Decisions with Maryland Licensees with New York DWAI

First, Maryland has a MVA (Motor Vehicle Administration). I advised my clients who did not reside in New York to take the Maryland alcohol awareness course, called the AEP (alcohol education program). If they lived in NYS they could take our 15 hour 7 week course called the DDP (drinking driver program). New York should give reciprocity to the Maryland program as well. It is a total of 12 hours (6 sessions of 2 hours each session). The Maryland program includes an assessment which could lead to a referral if they feel you are an alcohol abuser or dependent. If you are referred, their full blown program is 26 weeks, easy math, 6.5 MONTHS!

If and when Maryland DMV comes knocking (and they will) YOU will be prepared to show YOUR completion of this course. It will likely take 4 or more months for your New York DWAI to get from our DMV to their DVA.

The big IF,

If Maryland wants more penalties from YOU then YOU can opt for an administrative hearing with their DVA, and then you and your lawyer can then demonstrate that the NYS offense that you plead to was not substantially the same as the Maryland DUI ability impaired.

Why Proactivity Trumps Passivity

I believe that having completed on your own accord (without prompting) the Maryland 12 hour alcohol awareness program would bode well to demonstrate your commitment to not repeat any further alcohol driving related transgressions. It combined with showing the inequality in law between Maryland and New York could sway an administrative judge to NOT punish you further, this is always a good thing!

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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Is it Really Hard to Say I'm Sorry? The Power of Apology in New York Criminal Case Sentencing

My son came home from college last weekend. Nothing like riding in his car and listening to his music. This time was different. He is taking this music class which focuses on the 1960s, 1970s, and 1980s. Hey that was my time, and my kinda music. He was playing everything from Carole King to Dylan to the Moody Blues to Chicago in his car. I was really rocking to oldies. I could ace that class.

Him playing Chicago's 25 or 6 to 4 reminded me of Peter Cetera which then reminded me how much I loved the song "Hard for me to say I'm Sorry." A number one hit in the early 80s, and the lyrics were powerful. Which all then reminded of Why more people can't, you know, apologize.

So the song relates to two main themes: 

1. proclaiming you are sincerely sorry and
2. promising to do better

New York Criminal Sentencing

I have sat for hours in front of many judges in many courtrooms. At final sentencing, they have to ask the defendant "Do You Wish to Say Anything?" What percentage of people say anything, in my world the number of people that ever say anything in open court is less than 5%.

I ask WHY?

Well one reason could be they are planning on an appeal? They wish to appeal their conviction? Except in most cases they have plead guilty to something, so what would they be appealing?

The BIG Question: Would it hurt or help to say, "I am sorry"

In many cases, a sincere and planned apology might sway a Judge. I can't even begin to tell you the number of times I have seen Judges moved to more lenient sentencing. This was in the face of a prosecutor out for blood (or jail or prison).

To say it never happens is ridiculous. Now just saying the words with nothing behind them is meaningless, and may even cause more harm than good. Giving an apology without more, without the promise (hope) of a better tomorrow is uneven. I have asked Judges would you like to hear anything at sentencing, a unanimous yes from most, and their favorite expression: I'm sorry.

Words Plus Emotion Create Motion

You want to move people then be moved. Come from the heart and the head. Hope keeps the preachers, priests, doctors, and rabbis in business. People thrive on hope, which is the sincere belief that tomorrow can be better than today. The brighter future is not a false dream.

Talk to your attorney about the value of confession, of the value of apology, and of the value of promise because in the end it may make a difference. If you are on that proverbial fence, and one side is truly greener than the other, the right words at the right time may make a difference.

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 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Why Colorado's PSA "Drive High Get a DUI" is So Funny

My daughter is about to move to Colorado. Our nest is down to one kid from four. I think the legalization of marijuana is going to bring new issues and challenges as the country deals with increased numbers of "THC DUI/DWAI drugs" cases.

These new Colorado PSAs are really clever, and funny. I think the marketers really thought about their target audience before throwing them together.

Pot is a Major Mental Distractor

The PSAs are so true because when you are that high, as in baked, and I have been that high (yes, I inhaled and deeply) your brain/mind is so far away from the reality of your situation. That is why unless you are seasoned THC user (I have met some) your ability to function normally is greatly impaired.

From My Basement in Brooklyn to College

I experimented with pot as a kid. I loved to listen to music (Led Zeppelin, Yes, ELO, Hendrix) in my basement and relax. Not my favorite drug (I'm more of a caffeine fan) but it was fun. When I first graduated Chiropractic college (1986) we had a big final party. They served these funky brownies. It took awhile for me to feel anything, so I probably ate one too many. Then it hit me like a ton of bricks. This was my worst ever THC experience. The high went on and on, for more hours than I would have enjoyed. I was scared that I would never ever come down. Anyway, indulge but please don't drive.

More funny PSAs on the links below.

http://www.youtube.com/watch?v=22jcBvUx3Sw

http://www.youtube.com/watch?v=lP7UtU_e5FA

At least Colorado has a sense of humor, if and when it comes to New York State (and it will) I don't believe Albany will be quite this progressive.

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.

Ithaca Lawyer Can You Get a Hardship License with a Pending Felony DWI?

On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.

Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.

Can You get a Hardship with a Felony DWI Pending in New York State?

Fast answer, it depends.

There are Three Instances Where You Will Not Get any  License Privileges :

1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.

Ithaca DWI Lawyer Should You Refuse to Do the Police Field Sobriety Tests?

You know as I get older, I hate to say old but walking a straight line, standing on one leg, and closing my eyes with my head extended can all be dangerous tasks. A client recently joked as I gingerly walked over the icy streets, "hey what are you so worried about?" Hey you take a fall and you don't bounce like you used to, that's what!

Yes I must admit my balance, my one legged leg strength and my equilibrium ain't what they used to be. In fact, I'll go as far to say that a great many of my bodily systems need some "assistance" from time to time.

So what has all this to do with the Police Field Sobriety Tests?

The tests can be difficult even for those that are sober.
The tests can be difficult with those who has back, legs, and hip problems.
The tests can be difficult with those who have balance and equilibrium issues.
The tests are arbitrary indicators at best.
At their worst they are highly subjective, skewed, and biased towards failure.

THE GOOD

First question, Can YOU refuse to take them? Yes
Can you legally refuse to take them? Without getting any tickets, violations, or offenses issued against YOU, YOU can refuse them all!

THE BAD 

Should YOU refuse them completely? I would say yes

Should YOU attempt them, and then stop if YOU are doing poorly? Don't even begin them because failing at them is far worse then just exerting your constitutional rights. After all, doing anything part way (half-assed) is usually a bad thing.

THE UGLY

The worst thing about refusing these tests is a Jury Instruction against YOU at trial.

This will infer that your reason for not taking them is a guilty conscious or a desire to be secretive. To not reveal your physical condition to the police. That you are somehow hiding something or got something to hide.

I believe that many people could also infer that many of us have two left feet, are uncoordinated, and have numerous health issues. All of these things could affect your performance negatively on these agility maneuvers.

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.

Ithaca Lawyer Why You May Want to Waive Your DMV DWI Refusal Hearing?

I like Kenny Rogers. He has had his fair share of hits, and personal struggles. I have seen him in concert with my wife (before she was my wife), and love some of his song lyrics.

The song The Gambler won him the Grammy in 1980, the lyrics share a wise philosophy that can be applied to many areas of life:

"You got to know when to hold 'em, know when to fold 'em,

Know when to walk away, know when to run."

AND the "secret to survivin' is knowing what to throw away, and knowing what to keep"

The song can be a guide for people to always weigh out their chances, calculate the odds, and to basically handicap their situation. Sometimes (often actually) fighting can be the worse bet. 

Sometimes You're the Last to Know
from justenjusten.com

If your cards suck, draw horrible cards, and sometimes you really do have a lousy hand do you continue to play and pretend (bluff)?

 or do you save what you have and wait for another play?

Criminal law can be much like gambling. My clients have a hand to play.  Cards have been dealt. They must make a decision whether to take a chance in front of a judge or jury or take a deal. The sure thing is very tempting at times. Can things be shifted in your favor? Are your or their cards still unseen?

On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.

Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.

Can You get a Hardship with a Felony DWI Pending in New York State?

Fast answer, it depends.

There are Three Instances Where You Will Not Get any  License Privileges :

1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.

Ithaca Lawyer New Changes Coming to New York State: Special Comprehensive DWI Courts

Chief Judge Lippman's state of Union 2014 address focused on a number of important issues. He is New York's highest judge, and when he speaks people listen. One issue near and dear to my heart is his new plan to implement special DWI courts. I truly believe his intent is good now whether the execution of this plan will follow suit is still up in the air. I stand up and applaud his efforts in recognizing that these cases are different and should be handled with more care.

THE COMPREHENSIVE DWI PLAN

His primary purpose for the plan is a statewide UNIFORM process to address the cause of DWI. Uniformity is intended to create statewide consistency in the sentencing and processing of these cases.

1. Establish a dedicated DWI part in the superior court of every county with a single judge to oversee felony DWI cases. A misdemeanor part will handle those as well.

2. These judges will receive special training and expertise in handling DWI cases.

3. The goal is that DWI sentencing will be tailored to the specific needs of the offender.

4. All defendants (citizens accused) will undergo a drug/alcohol evaluation/assessment.

Special DWI Courts are Coming June 1, 2014

The Honorable Robert Mulvey is setting up special DWI courts for both City and County Courts within the 6th District. The Sixth District covers a few more counties than I do. I practice DWI law in the following 6th New York District areas: Broome, Chemung, Tioga, Tompkins, Cortland, and Schuyler counties. In addition, I cover Steuben, Yates, Seneca, and Cayuta depending on the season, times of Court, and location of the Court. By June 1, 2014 there will be DWI Courts. These will be special DWI courts with assigned Judges, Clerks, and prosecutors versed in the nuances of New York DWI cases.

Why Create New DWI Courts?

I believe that the Courts have been overwhelmed with the amount of paperwork to process DWI cases as well as the  differences between these types of crimes and other drug related cases. Traditional drug treatment courts have a vastly different element present.

Namely, people stealing and robbing in order to obtain their drug of choice. Illegal drugs like coke, heroin, and pills can be expensive, although some may argue that meth is a very cheap and long lasting high. These drugs are a far cry from the average DWI where alcohol stands as a cheap, legal, and readily available drug. In addition, alcoholism and it's treatment requires a different and individualized approach in many DWI cases.

Monitoring and supervising alcohol use (and abuse) via Ignition Interlock Devices and SCRAM bracelets require even more court time and potential appearances. All these interactions between county probation departments, prosecutors, judges, and defense attorneys on DWI cases is becoming the norm instead of the previous exception in the field of drunk driving cases.

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.

Ithaca Lawyer Understanding New York DWI Concurrent versus Consecutive License Suspensions

Understanding words and how they apply within a specific legal situation is crucial for making the best choices. Decisions that are well thought out have certainty and power. As they say "half-baked" ideas seldom amount to much. When license privileges begin, end, and are restored is a sub-set of any DWI case.

Number One Idea: Limit Your License Suspension to the Minimums

First, license suspensions in New York can come from the Court and from the DMV.

You can be facing license issues on more than one front so with that in mind you must consider how to play them off each other. In other words, can you get any and all driver's license suspensions to run CONCURRENTLY versus CONSECUTIVELY.

Consecutive = Con (with) - Secutive (in a sequence) 

If two suspensions run one after the other, then they tack onto one another. A six month suspension and another six month suspension will then equal a total of twelve months of suspension.

Concurrent = Con (with) - Current (in the flow with)

If two suspensions run together, then they do not tack onto one another. A six month suspension and another six month suspension will then still equal a total of six months of suspension.

When Do "Temporary" New York License Suspensions Begin?

In New York DWI cases, the temporary suspension begins at the time of the initial appearance (usually with counsel present). In either a breath or blood case with a .08 BAC (blood alcohol concentration) or more OR where there was a Chemical Test Refusal (blood or breath) the Judge MUST suspend your license (privileges) Pending Prosecution (while waiting on prosecution).

This suspension time is NOT going to be your final suspension time. You will get no credit for time served on suspension either. For sake of clarity, suspensions are generally temporary and revocations are more permanent but in the world of license privileges they both = NO DRIVING PRIVILEGES.

When Do "Final" New York License Suspensions Begin?

In New York DWI cases, the final suspension (or revocation) begins at the time of the sentencing. In either a breath or blood DWI case OR  a Chemical Test Refusal DWI case the Judge will suspend your license (privileges) based on the FINAL OUTCOME.

DWAI (driving while ability impaired) =        90 day suspension
DWI (common law or .08 or more) =               6 month revocation
ADWI (aggravated DWI .18 or more) =         12 month revocation
DWI (under 21 years old) =                            12 month revocation

This final license suspension (revocation) begins at the DATE OF SENTENCING.

The Uniqueness of the NY DWI Refusal Case and License Revocations

At the end of your refusal criminal case (not the administrative case) you will have one of the above suspensions or revocations. If you have already lost your DMV refusal hearing then you have already been revoked for one year. If you have waived your hearing (given up) by either not showing up or sending in a waiver of the hearing then this time has already begun to run. Some of the time of revocation will then overlap with the criminal court suspension time period and some may not.

The KEY or the trick is to see if you can have as much time run CONCURRENT as possible. As they say, "it's all in the timing." With license suspensions this is very true. For some out-of-state license holders having the time run as close to the initial appearance times as possible may forestall a longer wait to clear up their New York license issues.

Whether or not you care about New York or New York license privileges as long as there is anything OUTSTANDING in New York you will not be able to move forward to any other state. No other state will give you a license or renew a license privilege without a complete clear of New York.

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 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.