Military Intelligence, Jumbo Shrimp, and New York "Initial or First" DWI Appearances

How can you have more than one
"initial or first" DWI appearances?
Riddle me this Batman?
from brie3po.deviantart.com

How can it be an initial or first Court appearance if I already had one? Confusion over why we need more than one initial appearance with DWI cases aka "the arraignment" is a constant reminder of government inefficiency in action. Your being "arraigned" (noticed) on the charges, and being informed of your rights may happen more than once.

Well, you can have an initial or first appearance with counsel or without counsel. So your first appearance with counsel is technically NOT always your true first appearance in the Court but who's counting anyway?

I have seen this play out at it's worst with DWI refusal cases. If you refused to take a police chemical test of your breath, blood, or urine either expressly or via your implied behavior then at your first court appearance two things will happen:

1. The judge suspends your driver's license or privileges (for out-of-state driver's)
2. Sets your date for a DMV (administrative) refusal hearing. This must occur within 15 days of YOUR initial appearance (with or without counsel).

With a Breath or Blood DWI chemical case your license suspension will generally NOT begin until you are arraigned with counsel present. So even if you have an initial or first appearance without counsel (an attorney) you can usually rest assured that your license or driving privileges are still intact until your NEXT initial or first appearance WITH counsel.

This also gives you a golden opportunity to work with your lawyer to secure or insure or assure your receiving (by request/motion) a HARDSHIP PRIVILEGE Driver's License. Remember that Hardship privileges require the requisite proof to be granted by a judge. Some want more information and some less but you will need to give it to get it.

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

What's Normal Driving? People Make Driving Mistakes But is it Due to Drugs or Alcohol?

People Make Mistakes, btw I've done this one
from mistupid.com

I love to check out USA Today. Every time I'm at a Hilton property (quite often) they have a copy for me. Kinda like news light with a touch of National Inquirer thrown in for good measure. Or for those New Yorkers, kinda like the New York Post married the Times and they had a kid.

Little tidbits, surveys, and as they quip "USA snapshots," they own that btw So a recent little piece caught my eye. It was on a survey in which people were asked their most embarrassing car goof moments:

Out of 2,000 people surveyed (sounds like Family Feud now?)

50% forgot where they parked their car (I've had DWIs with these)
43% ran over a curb in a parking lot (other DWIs)
34% drove the wrong way down a one way street (countless DWIs and DWAIs)

So was everyone in their survey drunk, impaired by a drug, intoxicated by alcohol: NO

In fact these were all SOBER goofs. In any DWI or DWAI prosecution there may be some or a lot of drug based driving behavior or maybe it's just some or a lot of stupid driving?

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

New Diagnosis Alcohol Use Disorder Goes Mainstream in New York

New York City Port Authority Sign
Taken by moi on my most recent field trip

Two years ago I discussed the re-vamping of the DSM (diagnostic and statistical manual of mental disorders) aka the manual aka the bible of mental disorders to it's newest, greatest, and latest edition V.

While Number 5 is still gaining ground it is still not quite mainstream IMHO. Most (the vast majority and everyone I know) of the therapists, evaluators, OASAS assessors, doctors, and clinical social workers are still stuck on the older DSM edition IV, and it's commensurate antiquated verbiage.

see my blog post on the new DSM-V here:

http://ithacadwi.blogspot.com/2012/12/ithaca-cortland-lawyer-new-dsm-5-meets.html

Not the Age of Aquarius but One of ADDICTION

We are, face it still living in the age of "addiction." The terms abuse and dependency are still on every evaluator and therapist lips, so I was surprised two weeks ago at what I saw posted up at the New York Port Authority Terminal. A large poster of a child, and the words "7.5 million children in the U.S. live with a parent with an alcohol use disorder"

It finally happened, not dependency, not addiction but the first use publicly of the catch-all term:

"USE DISORDER"

The fear has begun, and I am here to say, no I am here to state, that the use of these new terms is scary. Because the new terms are vast, vague, and so all encompassing. There are in fact:

alcohol use disorder
substance use disorder
marijuana use disorder
etc. use disorder

and the treatment called for is ,,,

you name it depending on how the evaluator feels about the severity of the use disorder and it's context.
Is this

Diagnoses that are non-specific

Vague definitions give clinicians great leeway. BUT they can lead to everything from non invasive to fully invasive methods and treatment. These can give the therapists and evaluators IMO too much control based merely on an opinion and too much subjectivity to make a diagnosis let alone formulate a proper and appropriate treatment protocol.

Are we moving forward or backwards? Hard to say at this time. Harder still will be getting judges, prosecutors, and probation officers to understand all these new terms and definitions.

The New DSM V is Not Bad "per se"

I used the book (the old DSMs) in college and in my practice for many years. Even physical diagnoses as a Chiropractic Physician sometimes had a mental overlay. Treatment of a whole person required understanding mind and body. Untreated mental issues prolonged physical ones. Anxiety and stress, and manic-depressive (bi-polar) conditions are all too common within our population. Proper and appropriate diagnostic work ups and treatment need to be part and parcel of the management of any disease including those involving drugs and/or alcohol.

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Ithaca City Court Judge Sets New Precedent on DWI Cases

Ithaca City Court
The Honorable Scott Miller

Clarity is Primary

The Ithaca City Court is evolving in a good way. Steps and procedures are being taken to ensure that sentencing of DWI cases is clear, concise, and unambiguous. In the judge's new sentencing of people charged with DWI the judge (The Honorable Scott Miller) is setting up new protocols to deal with DWI cases.

Why Here and Now?

After a DWI case returned to court due to alleged violation of their CD (conditional discharge) the thorough Judge went back through the prior recorded sentencing (everything is recorded these days) and noted that the defendant was never informed in a way that was understood by him that he MUST install an ignition interlock device on his car within 10 days OR ELSE,,, face consequences! Driving a vehicle without an installed IID, once one has been ordered by the court following a DWI sentencing is a crime (class A misdemeanor) in and of itself. In addition, it is also a violation of their CD.

Ultimately, a violator would be subject to re-sentencing to up to a year in the Tompkins county jail and/or three years of probation supervision and monitoring.

See my prior blog post to further understand what a CD really means here:
"What do New York Parole, Probation, and Conditional Discharges Have in Common?"

http://ithacadwi.blogspot.com/2012/08/what-do-new-york-probation-parole-and.html

Consistency is the New Watch Word in New York DWI Sentencing

"Although the court system has experimented with different approaches to DWI
cases, we have never had a uniform, statewide plan. Today, I am announcing a compre- hensive plan to address this problem."

                                            Chief Judge of New York State Jonathan Lippman

I think that this has been a long time coming, and keeping with the high court's (Judge Lippman's) recent stance on CONSISTENCY in sentencing in all DWI cases statewide. Reading through the 2014 Judiciary report the word consistency is mentioned again and again.

Our own Judge Miller reiterated the high court's goals, and his compliance with it's philosophy in two major ways:

1. The judges will ensure that all defendants are screened (and assessed/evaluated) to identify alcohol or substance abuse dependency. 

2. As experts have recognized, a key component of achieving deterrence in DWI cases is certain, con- sistent and coordinated sentencing. Consolidating these cases into one court part, with a dedicated judge, will lead to consistency in sentencing. It will also enable the judge to develop expertise in this complicated and technical area of law, as well as an under- standing of the effectiveness of the statutory tools at his or her disposal, such as license suspensions, alcohol monitoring systems, and ignition interlock devices.

                                             From Judge Lippman's 2014 State of Judiciary Address 

The New Ithaca City Court DWI Conditional Discharge

New "Conditional Discharges" on DWI cases in Ithaca City Court will include a verbal and written warning that an ignition interlock device MUST be placed upon any vehicle that they own and/or operate within 10 days of sentencing. A violation of the terms of the DWI CD will now result in harsh consequences.

Ignorantia juris non excusat (Ignorance of the law is no excuse)

Leandra's Law = The mandatory IID (ignition interlock device) condition will be acknowledged and enforced from this moment forward. Noone will be able to say (neither attorney or defendant) that they DID NOT KNOW. 

Now if Judge Miller could only get the bridge fixed before next winter. Us older (read mature) folks don't like slipping and sliding on the slick Ithaca sidewalks.

The Bridge in Better Days

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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