Making Sense of Legal Language in DWI Cases

It's all Greek to me or in this case Chinese
Understanding the law is a lot like 
reading a foreign language

People sometimes ask me what things mean. Not only the phrases thrown around in court but the words being used by a judge or a prosecutor. Making sense of legal or even non-legal latin terms is a good place to begin to decrease court and legal stress.

Not knowing what is going on starts with not knowing what is being said about you or to you. So in this blog post I'll go over a few common legal terms that I see used pretty regularly in the Ithaca City DWI cases.

"per se" = by itself or as such meaning if you have a "per se" BAC (blood alcohol content) of .08 or more you will then be charged with a DWI "per se."

"sub poena" = sub (under), think submarine and Poena (pain or penalty). Under penalty you are subpoenaed to testify or to produce documents or records. People can be subpoenaed and records can be subpoenaed. I sometimes subpoena police breath test records or video recordings from a gas station to bring evidence on my client's behalf.

"persona non grata" = a person who is not welcome, not graced, as in not free. Gratis means free. TC3 or Cornell or Ithaca College may present an order of "persona non grata" against a person who commits a DWI or possesses drugs or other crime upon their campuses. In other words they don't want you around, you are not welcome to be anywhere on campus.

"in absentia" = If you are absent, not present for court. You can be tried and found guilty even if you are in absentia. These are referred to as The Parker warnings in NYS criminal cases. The judge tells you early on even if you are not there they can proceed without your presence.

"sine qua non" = without which not or indispensable condition/obligation or a prerequisite. Having a drug/alcohol evaluation is sine qua non for a pending NYS DWI charge.

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

Things Not to Bring to Ithaca City Court

Every day can be sort of an adventure in the world of DWI defense. I get surprises, and not like Happy Birthday here's your cake. I was recently in Ithaca City Court for an arraignment on a DWI case.  The bailiff motioned me to come out of the Court room to discuss something privately. To my surprise they found a gravity knife in the bottom of my client's handbag. They were trying to decide what to do about it. They knew she was represented by me so they could not speak with her without me.

looks innocent enough until,,,

the blade is sprung open

So in other states this may be legal BUT in New York State

Penal Law §265.00[5] defines a gravity knife as “any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, lever, spring or other device.” 

The police were called up to the courtroom, and we all had a pow wow of sorts. The cop decided to not bring charges against her, she was so cute to offer him the knife, "hey you can have it." Of course he is going to confiscate it, it's illegal. Anyway, top three things not to bring to Court:

1. Weapons of any kind. From your mace to your brass knuckles or a roll of quarters in a sock.

2. Illegal Drugs or pipes. From your pot to your mini hash pipe.

3. Hot beverages. No soup for you! You can not bring hot coffee, hot soup, or hot tea to court. It is considered a potential instrument of danger.

Simple things I know but I have had clients over the years do all of the above. Keep your toys and drugs at home, and come to court clean, nicely dressed (no shorts please), and without anything liable to get us (me and you) in trouble. 

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

Why I Love Upstate New York Courts: Pay Phones and Cheap Soda Pop

I really liked this 1960s show, NYC lawyer moves
to the country for fresh air and real people.
Maybe young me was influenced?
from digital landing.com

I practice law in the Finger Lakes part of New York State. When people hear I practice in NY they naturally assume that I practice in "the" City because in their minds the entire state is New York City. NYC is a small place physically with a lot of people.

The opposite of that is where I live, breathe, and work, "lots of land spreading out far and wide, keep Manhattan just give that countryside." Eddie Albert singing the Green Acres Opening Song. He played a NYC attorney who relocated to the country.

Green acres is the place to be

Farm living is the life for me

Land spreading out,

so far and wide

Keep Manhattan,

just give me that countryside.

                                                                          Green Acres TV show "the 1960s"

We are about as far from NYC on a geographic level as we are away from NYC on a cultural level.
In the Courts I have visited it often feels like an incredible time warp.

In Owego Town court building, a pay phone 

In Owego Town Court, 50 cents for a Coke!

You gotta love these things, pay phones, 50 cent soda, and people who still see the world through a country prism. Yes, I like practicing here because I feel it is more authentic and people generally value each other's word. If you are straight with them they will be more than straight with you.

I'm now going on 8 years up here and it is better than I had first imagined. My friends told me I should have my head examined when I first told them I was moving up here, as in go see a shrink. they thought I was nuts. One of the key advantages to practicing here is that if you develop a good reputation it means something here.

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

Can District Attorneys Renege on DWI Plea Agreements?

IMHO Real men don't break their word, but it happens!
from rottenecards.com

To Renege

to renounce, to go back on a contract, a promise, or a negotiation

It happens at car dealerships, real estate transactions, and even in our personal relationships BUT can it happen in our Court dealings as well? Yes it can but thank G-d not that often.

THE HOW, WHY, AND WHAT OF THE RENEGE

When it does happen: how it happens, why it happens, and what can be done about it are the main issues of this blog post.

First, it is usually an assistant district attorney that goes back on their word or seeks to change or alter a plea deal. Your defense attorney thought one thing, and they thought another.

Second,  it could have been a mis-communication, or a mis-understanding of terms. Many deals have numerous aspects or conditions. Kinda like, "if this then that" or "if that then this." It could involve the final charges (offenses), time periods of probation or jail, conditional discharges, money (as in fines), special conditions (aka drug/alcohol treatment/restrictions).

The renege could have also come about because of a re-review of a file by a judge or assistant DA, new or recently discovered evidence (blood test results, prior offense history, new charges), or a change of assistant DAs, or a change of policy.

Third and last, what can be done is a re-sit down.

A Tale of a DWI Renege

ADAs can sometimes be #@*** and my last big renege ultimately resulted in a creative plea bargain arrangement. It was complex to say the least. It involves three choices (options) for my client. Most plea bargains don't get this "creative." I really felt like Monty Hall (remember the game show Let's Make a Deal).

The first option: a review by the probation department (PSI: pre-sentence investigation). The Probation Officer could recommend: two or three years of probation, or jail, or jail plus probation, or just a CD (conditional discharge). This I felt was a big risk because of the case dynamics. Some cases are bigger risks than others.

The second option: some jail plus a guarantee of a CD (conditional discharge), NO probation.

The third option: Plea to the top count (top charge of all of them) and all the mandatory minimums (penalties and consequences) associated with that choice. In this case longer license revocation (at least in theory) and higher fines. In addition, the final record would reflect the higher level offense.

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

Getting a Ithaca DWI: No Car is Required

Even Golf Carts,
Anything with a MOTOR in NYS is a Motor Vehicle
from cityoffollybeach.com

Well just last month it was national news that a golf cart driver at the U.S. Open was arrested for DWI. Not only that but he ran over the foot of a State Trooper in the process.

In New York State the charges would have been bumped up dramatically. There would have been a Felony (the highest level criminal charge) Assault on the Trooper. An injury on a law enforcement officer, EMT, or healthcare provider while in their line of duty is a Felony level offense in New York State just because of their status.

"propelled by any power other than muscular power"

In New York anything beyond muscle power by an animal (ie. a horse), or your own muscles (bicycle) moving you along is considered a "motorized" mode of transport.

So Under NYS section 125 of the Vehicle and Traffic Laws

A Motor Vehicle = moped, motor on a bike, motorized scooter, golf cart, motorized wheelchairs, lawnmower, and riding mower.

Electric versus Gas Power: Does it matter?

Some companies love to advertise electric bikes for those with license loss due to DUI/DWI. In NYS this ain't going to fly. You can get a DWI on an E-bike (electro assisted bike) as well. A man in Whitehall, NY got a DWI for riding an electric powered (300 - 500 watt) three wheel cooler, yes a drink cooler on wheels with a padded seat.

More importantly some think that just because something is Battery Powered versus Gas Powered that that makes a difference. It does not. The motor part can be run by any type of power source: gas, electric, oil, you name it.

Before you go away thinking New York is the worst state (we are pretty strict) for DWI remember that:

In Georgia and Ohio you can get a DUI even on a pedal bicycle.
In Pennsylvania you can get a DUI in a horse drawn carriage.
In Illinois riding a horse while drunk can lead to a DUI charge.

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

Understanding New York Court Ordered DWI Ignition Interlock and Re-Licensure

Why is this man smiling?
Did he get his driver's license back? NO,
He GOT a license to legally sell POT!
komonews.com

Things used to be easy. Not so much anymore. Today is Sunday, July 20, 2014, and I am reviewing a June webinar put on by the New York State DMV, and the New York State Office of Probation and Correctional Alternatives (OPCA) to Judges and Court staff regarding DWIs and re-licensure.

DMV DWI "A4" License Restriction: NO driving without an IID

Effective November 1, 2013 all court-ordered ignition interlocks for DWI cases will now be classified as a license restriction A4 by the DMV. This is regardless of whether the case is resolved with a CD (conditional discharge) or Probation (two or three year term).

Getting Fully Re-licensed Requires Removing the A4 Restriction

This will require one of two things for removal. This is not removal of the IID from the car, this is about removal of the requirement from the physical driver's license and DMV record. You see, every license with this A4 requirement will be marked on the reverse with an A4 for law enforcement. A Court document indicating removal of the IID OR a probation release of license document.

NOTE: This document will need to be brought to the DMV to get FULLY re-licensed.

Court Ordered Interlocks by the Numbers

Court ordered for 12 months on every DWI
Minimum time period of 6 months of placement with NO violations noted
Some counties only note violations above .02 BAC
One time .05 BAC or more is an automatic violation
Court can be petitioned after 6 months for early release of IID
Monitored by the County of Arrest (CD) or County of Probation (Probation)
Violations can result in a VTL 1198 (9)(d), a misdemeanor
Called "Circumvention of the use of the interlock device" punishable by up to a year in jail and/or probation and/or fines and/or increased time with the IID installed
Violations can also result in Violation of your original CD
Violations can result in Re-sentencing on plead to offense (jail and/or probation)
Violations can also result in Violation of Probation (typically 6 months of jail)
Ignition Interlock will be displayed on YOUR DMV record (and back of your driver's license)
A4 will appear on front of your driver's license as R:A4 (restriction A4)

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

Three "Easy" Steps to Overcoming the NYS DMV Re-Licensing Nightmare

Seriously, it's NOT everyone, it just feels that way!
from pinterest.com

Not all nightmares come in the night, dealing with the NYS DMV can be an exhausting experience at times. Why is this so? Need I discuss all the bureaucratic red tape, forms, lack of or mis-communication between the courts, the DMV, county probation officers, county ignition interlock monitors, and YOU.

THE REASONS FOR THIS LEGAL QUAGMIRE

1. Electronic transfers of information sometimes get one key stoke too many or too few or just wrong.
2. There is so much going on with a DWI case or multiple traffic violations that things get missed.
3. New court staff or older and tired court staff can be overwhelmed with paperwork.
4. New changes to the New York law make re-licensure a "real privilege" and one no longer taken lightly.

So, First what do you do to GET RE-LICENSED IN NYS:

1. DRIVING RECORDS (SHORT TIME OR LIFETIME) It's as easy as 1,2, and 3: 

Get your driving record or history or abstract from your home state, and New York State. Give yourself plenty of time with our-of-state records as they are going to need to be certified, sealed, stamped, verified from the main capital, main DMV of your home jurisdiction. If you have held licenses in more than one state over your lifetime be prepared to get a history from each and every state you have held a license in.

For 4 year record, local DMVs can provide a history. For lifetime histories you need to make a formal request from Albany DMV.

How do YOU get a "lifetime" driving record ?

You can only get a "lifetime" driving record abstract from the ALBANY DMV FOIL Office.

Only you, or someone you have given written permission to, may order this type of driving abstract. You may use the General Consent for Release of Personal Information (MV-15GC) to establish that such permission has been given.

To request your "lifetime" driving record from FOIL

• complete and mail the Freedom of Information Law Request Form (MV-15F)

or

• write a letter requesting your "lifetime" driving record abstract

Be sure to include

• your mailing address so the FOIL Office can respond by mail
• a photocopy of your driver license or other government issued photo ID card with your request (you may black out the picture)
• credit card information or a personal check or money order for $10.00 payable to the Commissioner of Motor Vehicles

Send your request, form or letter, to the FOIL Office

Records Access Officer
New York State Department of Motor Vehicles
FOIL Office
6 Empire State Plaza, Room 222
Albany, NY  12228

The FOIL Office will respond to your FOIL request within 5 days of receiving the request. We will either

• provide you with the records you requested or
• we will tell you we received your request and provide a time frame for when you can expect to receive the record you requested (usually within 20 business days)

The FOIL Office will not release the record you have requested until payment has been received in full.

Yes, this used to be a lengthy process but the DMV has created a new sub-division (office) within the Albany office. What used to take months they say will now be done in a matter of days, really? I will wait and see how this plays out.

THE NEW NYS DMV CERTIFIED DOCUMENT CENTER

The NEW office is called the DMV Certified Document Center. It was set up to specifically handle and focus on requests for lifetime driving records, and the DMV "expects" the turnaround time for requests to be only one to two days. I guess I will believe it when I see it, just call me skeptical but with the waits I usually witness, that would be a miracle.

Who needs a lifetime history?

Anyone with multiple DWIs, DWAI, DUIs, OUIs, from New York or any other state that is seeking re-licensure or just licensure in New York State should first begin with a lifetime history.

2. Call the DMV:

Issues with re-licensure, questions about your re-licensure, and what you need to do, and when you can do it? Be prepared to be on hold, upwards of an hour. be prepared to be transferred to nowhere and on one multiple times, be prepared to be frustrated and mad. Seriously, it can be a PITA but once you get through they are helpful.

DMV Driver Improvement Unit: DWI re-licensure, and others post-suspension/revocation

DMV states they only have 19 operators so be patient, this is an understatement, be very patient.

Monday to Friday ONLY 8:30 AM to 12:30 PM
518-474-0774

DMV Other Traffic Violations (tickets), and Misdemeanor (criminal) Charges: 
(every place in NYS EXCEPT Buffalo, Rochester, NYC, and Staten Island)

Call TSLED (Traffic Safety Law Enforcement Division) 

Monday to Friday ONLY 8:00 AM to 4:00 PM
518-474-3255

 3. AFTER Review of DMV Records, and Discussion with DMV: Fix outstanding problems/issues/tickets

You may have fines to pay. You may have assessments to pay (another word for fines) but this sounds better. You may have tickets/charges/violations to resolve in state or out-of-state.

NOTE: Until YOU are Completely CLEAR in every state in the union (all 50) you will not be able to be re-licensed in New York State.

Recently the DRA (Driver Responsibility Assessment) on points went up to $75.00 for every point accumulated over 6 within 18 months.

So the first 6 points is a $300 DRA but every point thereafter is another $75.00 it used to be $50.00.
The DMV bumped up the fee, excuse me, assessment by 50%, yikes! Talk about inflation in action.

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

Proving New York DWAI Drugs: Urine Tests are Not Always Enough

Metabolites are NON ACTIVE and
MAY BE THERE A LONG TIME!
from tokeofthetown.com

More and more I see the police charging DWAI drugs in Upstate New York. After DWI alcohol charges this is the second most common with marijuana (THC) while driving cases. After all marijuana is the second most commonly used substance after alcohol.

It is too easy to say, "Driving while Drugged." But there is quite a bit of difference between having a drug in your system, and being impaired by a drug in your system.

In order to prove New York State DWAI drugs VTL 1192 (4), the government must prove 4 things.

This is from the case of People v. Kahn, 610 N.Y.S.2d 701

The four elements of the crime are:

1. You ingested a DRUG (ingested aka ate, snorted, smoked, shot)

2. The DRUG (substance) was on the list of Public Health Law section 3306 (see, VTL section 114-1)
The list is crazy long and inclusive.

3. After ingesting this DRUG you operated a car (see, VTL section 125)

4. While operating the car your ability to operate was impaired by the DRUG.

Significant to EVERY prosecution by the government is Proof beyond a reasonable doubt that
YOU suffered impairment to any extent of your physical AND mental abilities that YOU are expected to possess as a reasonable and prudent (safe) driver.

In People v. Kahn, there was found benzos (benzodiazepin) in the urine. Now benzos in the urine can be detected sometimes 2 weeks after ingestion. Urine measures metabolites (the byproducts of the break down of drugs).

Benzos in the urine can last for weeks!
from shop.cleanu.de

A blood test would have revealed a true measure of drugs in the blood stream at or close to time of driving. In addition, Kahn testified to his intensive traveling before driving, his unfamiliarity with his daughter's car, and his overall fatigue.

The Main Argument in any DWAI drug case is "Totality of the Circumstances"

Totality of the circumstances = behavior plus DRUG ingestion. The government will probably not have much difficulty proving the first three elements of most DWAI drug cases.

1. Ingestion can be proven a number of ways: admissions, finding of drugs, smell of drugs, DRE (drug recognition evaluation), urine/blood test. Of course Blood is infinitely better to prove a DWAI drug case than Urine.

2. DRUG (substance) was on the list.

3. You drove (operated), which is less than real/actual driving in NYS.

4. Impairment by a drug affecting your operation?

Their real prosecutorial burden will likely be on ELEMENT NUMBER 4.

Are there good reasons to explain YOUR behavior and driving?
Are there both mental and physical behavior factors other than drug influence?

A Successful (defense) Conclusion to a Weak Urine Case

A case (a defense) can be made that the "mere presence of a metabolite (urine test for drug) in the urine
plus tired behavior DO NOT = DWAI drugs" as I paraphrase the Kahn Court.

Mr. Kahn had a bench trial in front of a judge. He called in a drug expert who testified about the drug, the drug metabolite's presence in the urine, and his opinion as to Mr. Kahn's behavior. The judge found Mr. Kahn NG (NOT GUILTY) of DWAI DRUGs.

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 York DMV: New Policy on Re-Licensure After 1st DWI

If it was ONLY this Easy?
from thebigrocks.com

First, let me say this is not a published or known NYS DMV policy. The DMV rules are changing all the time. This is something that is being done as of NOW! Nobody sent me a memo, and no one has even discussed this at a New York DWI/DUI seminar or conference.

THIS IS THE PROBLEM: 

You can't prepare DWI clients for lengthy license issues without prior knowledge of the rules (policies).

In the Before Time (before July 11, 2014)

That said, the New York State DMV used to give back a driving privilege early after completion of their DDP (drinking driver program). In other words, they would trump the Court's suspension/revocation time period. Remember, license suspensions of 90 days are for VTL 1192 (1) DWAI (driving while ability impaired), and license revocations of 6 months or 12 months were for VTL 1192 (2) DWI .08 or more and VTL 1192 (2) (a) (a) Aggravated DWI .18 or higher.

This was published in their DMV books/manuals, and was their policy. For a 1st time DWI or DWAI or ADWI in New York, no complications (major accident/injury), and you then do the DDP, bingo RE-LICENSURE. Easy- Peasy…

From Shannondonnelly.com

EASY NO MORE

In the After Time (Post July 10, 2014)

Now the New York State DMV will require those that have been licensed in any other state/jurisdiction before New York State licensure to get a certified/sealed/stamped driving history from all these places and send them to DMV headquarters in Albany, NY to get re-licensed. Yes, this will take time. Is this another PITA (pain in the a--) YES!

How do I know this?

A recent DWI client went to apply for re-licensure. Completed the DDP and went into the DMV with his letter. They stopped him, asked him about a prior license in Maryland, from 5 years ago.

Now you have to get a certified/sealed/stamped driving history from MD, and then send this to Albany with this form called:

NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

DRIVER HISTORY DISCLOSURE

1. Have you ever applied for or been issued a driver license in New York State or elsewhere in any other name?

2. Please list all places in which you have been issued a driver license. Include all U.S. states (including NY), territories and possessions; District of Columbia; and Canadian provinces or territories.

3. Have you had any alcohol/drugged driving convictions in your lifetime?

a. if yes, indicate how many in:

New York ________
Other than New York_______

b. Indicate the non-New York state (s) or other location (s) and the year in which those alcohol/drugged driving conviction (s) occurred.

STATE (or other location) _________________  YEAR ______________
STATE (or other location) _________________  YEAR ______________
STATE (or other location) _________________  YEAR ______________

CERTIFICATION: I certify that the information I have given on this form is true. i understand that the NYS DMV may contact the jurisdictions indicated to validate the information provided.

IMPORTANT: Making a false statement on this disclosure; or in any proof or statement in connection with it, or deceiving or substituting, or causing another person to deceive or substitute in connection with this disclosure, may subject you to criminal prosecution for a misdemeanor or felony under the Vehicle & Traffic Law and/or Penal Law.

Signature: __________________________   Date:__________________

MV-47 (3/13)

I guess the form New York State DMV MV-47 was developed (created) in March of 2013. I had not heard about it until yesterday. What is scary is what other things may be sprung upon us? Going through the getting of records state to state is hard enough, waiting for months (if you are lucky) for the Albany DMV to act or respond is another Herculean challenge.

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

BWI Lies: Does New York Boating While Intoxicated Affect Your Driver's License?

from flbm.org
Look at all these lakes, we are surrounded with natural beauty.

I get calls almost every day about something. Something someone heard, or someone said, or someone read, or someone saw online. So much misinformation, and lies, and deceit offline and online. Way too easy to hustle up some fear. Get people in a fury over an impending loss.

The Doom and Gloom Game

We call it the "doom and gloom" game. Attorneys, doctors, insurance agents, and sometimes even financial advisors preaching the end of times or it's equivalent: jail or prison, or god forbid, the loss of your New York State driving privileges.

Some attorneys put it on their website, this may affect your driving privileges, kinda sneaky if you ask me. Some attorneys just say you will lose your operating privileges but fail to mention OPERATING WHAT?

Lies, Lies, and Damned Lies

Well my call yesterday revolved around a New York BWI. With so many beautiful lakes it is no wonder people love bringing their watercraft to the Finger Lakes region of NYS. In fact that's one of the reasons I live here, I love the lakes.

The Big Question: Is it true they asked, can a BWI (boating while intoxicated) affect your driver's license privileges? They went on... Well because my attorney on my last DWI case told me that the DMV told him (sounds like a lot of hearsay) that it will?

I was challenged. I have written articles and blog posts about BWI. BTW none of which talk about loss of driving privileges. Yes, you will lose YOUR privileges to operate YOUR VESSEL.

http://ithacadwi.blogspot.com/2009/07/summer-is-officially-here-bwi-boating.html

Your boating license but as to law as we know it today:

New York State Navigation Law Article 4 Part 1 Section 49- A 

3.  Privilege  to  operate  a vessel; suspensions. (a) The court shall
  suspend a person's privilege to operate  a  vessel  and  may  suspend  a
  vessel registration for:
    (1)  a  period  of  at  least six but less than twelve months where an
  operator is convicted of a violation of paragraph (a) of subdivision two
  of this section.  In  determining  the  length  of  such  suspension  or
  suspensions,  the  court  may take into consideration the seriousness of
  the  offense  and  may  impose  a  period  of  suspension  whereby  such
  suspension  may  be  in  effect  during  a  portion  of  the  current or
  subsequent boating season;

Operating a vessel while under the influence of drugs and/or alcohol leads to a suspension of a person's privilege to operate a VESSEL.

The full section explains all of New York State BWI law, rather dry if you ask me. But anyway, there is recent legislation in this area but it involves prior or subsequent DWIs or SWIs or BWIs. There is real legislation on this exact issue BUT it is still pending. If passed it would cause driving privileges to be lost, it's NYS Senate Bill S771-2013. It has not passed yet but I feel in the future it will.

http://open.nysenate.gov/legislation/bill/S771-2013

A nasty piece of legislation for sure:

SUMMARY OF PROVISIONS: Section 1 amends section 49-a of the Navigation Law to add provisions prohibiting aggravated BWI (.18 blood alcohol content or operating intoxicated with a child passenger) as well as operating under the combined influence of drugs and alcohol. Creates motor vehicle driver license suspensions for BWI convictions as well boating privilege suspensions for driving while intoxicated (DWI) convictions. Makes clear that a prior conviction for operating any other vehicle under the influence shall be considered a prior BWI for purposes of the enhanced penalty provisions for multiple BWIs.

Tiffany's Law is Real BWI Linking Law

ALL WIs (while intoxicated) offenses or WIs (impaired by drugs) offenses in NYS can now be used against you at SENTENCING on your BWI, or SWI, or DWI. They are all linked together.

In other words just because you operated a snowmobile or a boat or a car while impaired and/or intoxicated by drugs and/or alcohol in the past they will ALL be taken into consideration by the Court, the judge, and the prosecutor when determining sentencing (punishment/probation/jail/prison/consequences) on your new BWI. No more limits on first time BWI.

Where Tiffany's law comes from. A young girl named Tiffany Heitkamp was killed by a drunk boater. Because it was his first BWI (not a first WI) the sentencing on the case and the charges were limited.
This loophole has now been removed.

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