Old Cars Aren't as Safe as We May Believe: Question Your Beliefs

I had one of these, even had the redlines, completely stock.

I love cars! I have had, enjoyed, and adored old cars, new cars, sports cars. I love them for their mechanics, engineering, innovation, and design. They speak to me of freedom and patriotism. They are a moving tribute to America and the embodiment of liberty. You can call me crazy but driving is more than getting from point a to point b for me. I have a friend that loves Camrys. To me that is like loving an appliance. That is like loving your can-opener or toaster oven, a great utility but without passion or enthusiasm for the underlying symbology or significance of the automobile.

Today I watched a video that was an eye opener. I probably had seen it before, it's certainly not new but it resonated with me today.

Crash Test 1959 Chevrolet Bel Air VS. 2009 Chevrolet Malibu (Frontal Offset) IIHS 50th Anniversary

https://www.youtube.com/watch?v=joMK1WZjP7g

I guess what we all would like to believe is:

1. They don't make'em like they used to (thank G-d)

2. Them old cars are like tanks (not! watch the video)

3. New cars are less safe because of all the plastic, and they aren't made very well or made to last

What's "THE TRUTH?"

30th Anniversary for New York State's Seatbelt Law

Hypocrisy, I love it!

You know one of the things I love about NYS is it is progressive. In 1908 henry Ford made driving affordable to everyone as long as you liked a black car. The Model T was a bargain at $260. Soon thereafter America and Americans went to the road in droves. The great American love affair, yours truly included would soon follow. Because of the proliferation of motor cars, and then developing mega-highways the number of accidents also went on the rise.

New York State Passed the First Intoxication While Driving Law

We were the first state with a drunk driving law. In 1910, after countless numbers of people were killed or worse, maimed by unfit drivers NYS passed the first DWI laws. It loosely defined "intoxicated" as being unable to drive. We have come a long way in some respects.

New York State Passed the First Seatbelt Law 

In 1984, NYS passed the first mandatory seatbelt law. Thirty years ago after it passed the legislature they gave people 30 days to get used to the idea of having a belt around them, and their children. Before that time kids used to fly about in cars. I remember once going out the back door of my mother's friends cars on a sharp turn. I was too young to make a big deal of it, I don't think I was hurt, and she never mentioned it to anyone.

It was fun to be in the back of a station wagon, lots of freedom to play, and move about. Safe? I don't think so but neither was the cigarette smoke filling the air. Yeah, they didn't know that second hand smoke affected anyone, the glorious denial of the times.

Seatbelts are NOT just for Adults

Thirty years seems like yesterday before cell phones, internet, social media, and bluetooth devices. The real issue with seatbelt laws in New York is not so much against drivers or their adult passengers.

The real issue is and has been CHILDREN in seat belts. I have four kids, although they are not kids anymore, they are now young adults. They no longer squirm out of their seat belts and they don't usually take them off to get comfortable on longer trips, BUT they did. All the time, kids take off their seat belts to play, to sleep, and to just get comfy. Hard to relax or hours on end with a belt around you.

Parents are Punished for the Sins of their CHILDREN

If it wasn't enough to deal with car sick kids. Believe me, I have cleaned up my fair share of vomit, New York will punish you even if you are NOT to Blame or at Fault or even knew about your kids being unbuckled. The bottom line: Kids cost. They are worth it but it can be painful at times.

Typical situation is a parent driving through NYS on Route 17/86 or Route 390. Passing through mostly farm land, Steuben County, Chemung County, Tioga County, wide expanses of road with nothing much to see or do. They are either going up to Canada or Niagara Falls or Buffalo or just passing through and this long trip is boring and painful to their little children.

The children are squirming and complaining. Their seat belts may or may not be fully engaged or on. Then mom or dad gets pulled over for speeding. This is common and happens every day. The troopers look in the back of the min van or car and see kids improperly belted or unbelted.
This is coded by the troopers (I say trooper because their are numerous barracks along 17/86) as
New York VTL 1229 (c) failure to use a seatbelt on passenger under age 4 or age 16.

VTL 1229 (c) (1) NO Child Restraint Under Age 4         3 POINTS
VTL 1229 (c) (2) NO Seat Belt Under Age 16                  3 POINTS

Who is to blame? Not the kids, the parents are guilty and each seatbelt violation is potentially three (3) points upon their driving record. If that was not bad enough PLUS NYS court surcharges PLUS potential insurance rate increases PLUS if a total of six (6) or more points a

THREE YEAR driver responsibility (more like irresponsibility) SURCHARGE of $100 per year for three years plus $50 for every year for very point over six points. Example: Eight (8) Points =
$200 per year for three years.

Always remember to 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

The DWI Wet Lab: What Happens in Vegas Stays in Vegas

I just got back from Las Vegas. Oh the pain and pleasure of being a lawyer who loves to learn. It seems that going to places with gambling, drinking, and a huge party atmosphere is more conducive to continuing legal education, yeah right? This year the conference was held at Caesar's Palace.

Lectures are Boring but Wet Labs are FUN

The NCDD (National College of DUI Defense) and the NACDL (National College of Criminal Defense Lawyers) did a dual program, alcohol and marijuana sessions in the morning, and drugs in the afternoon. In fact, they began with a Wet Lab where volunteers were dosed with drinks, and then sobriety tested. It was fun, and most of all educational. Having the audience play cop, and guess BAC levels as they went through the eye test, balance test, and breath testing. Starting this party up at 9:00am with dosing every 20 minutes till 12:00 must have been painful to the participants who still had an entire day's workshops to get through. The sacrifices that some lawyers make for their friends.

Anthony Palacios, a former police officer and trainer/instructor of DWI breath testing ran the show. I've seen Tony many times before and he is a great teacher. What I got from the Wet Lab is people respond and react so differently to alcohol. Sometimes it has less to do with their BAC (blood alcohol content), and more to do with just who they are AND how the are being tested.

Are they coordinated, are they clumsy, and are the people playing cop being fair and attentive to the process and procedures. As experienced DUI audience members playing law enforcement officers greatly differed in their estimations and assessments.

Ted Simon, Esq. (president of the NACDL)
and Larry Newman

Anyway, my wife and I did enjoy the Michael Jackson ONE show, and the Cirque d' Soleil Beatles shows, the word spectacular comes to mind because they so filled up their respective auditoriums with non-stop action and music.

The lectures on Marijuana, Extrapolation in DWI defense, Challenging Blood Evidence, and Closing Arguments were amazing. One of my favorite programs was put on by Attorney Scott Grossberg from California, he is the iPad lawyer. Explaining how he uses his iPad for trials, preparing and managing a huge law practice was inspiring. He went through the Apps he uses daily for running his life and practice. This year I am committed to being even more tech savvy, and bringing more efficiency to my life/practice.

One of the main things I learned, and I learned a great many things but this needed to be repeated is
What You Name Something is IMPORTANT in the world of DUI Defense.

A breath or blood test result is NOT a Result but an ESTIMATE!
The police don't ask questions of people, they INTERROGATE THEM!

The ideas go on and on but the take aways are truly priceless to me and my practice.

Always remember to 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

Lansing Town Court: DWI and Petit Larceny

Lansing Courthouse and Town Hall
29 Auburn Road = Route 34B

Lansing, NY sits on the east side of Cayuga Lake. It is a beautiful little town. Crossroads Bar and Grill restaurant is a local favorite, IMHO better food by far than many of the fancy Ithaca hot spots, and sits minutes down the road from the courthouse. They have sitting on an outside patio for those great weather spring and summer months. The courthouse sits off of Route 34B / aka Auburn Road which becomes Peruville Road up at the Dunkin.

The Sign on 34B to Look for!!
Make a Left into the Parking Lot

http://www.thecrossroadsbarandgrille.com

Across from Cross roads there is the Dunkin Dounts Coffee/ Xtra gas station. Gas here is great because they have premium without any ethanol.

Lansing Court jurisdiction takes in our big Ithaca Mall, so it sees lots of shoplifting (petit larceny) cases from Target and Best Buy. In addition, the surrounding byways and highways are dark, winding, and not well developed so many DWIs cases wind up here.
I see many more DWIs around here with accidents or just winding up in ditch in the icy and snowy winter months.

Conveniently close by are: The Tompkins County Jail, and Tompkins Sheriff Station off Warren Road (one exit up 13), and just up the road from the Tompkins County Airport.

Turn in to Court Before the Sign or You've Gone Too Far on 34 B

There are two court judges, two court clerks and two different court sessions: one in the morning and one in the evening. Just the luck of the draw which you get, both judges are fair.

Court Sessions are: Thursday starting at 7:00 p.m. and Tuesdays starting at 9:00 a.m.
It is a very well run, and organized court. Out of the hundred (yes 100 +) I go to this is a favorite for there great response to paperwork and timing.

Judge W. David Banfield with his clerk Jennifer Sandsted

Judge John Howell with his clerk Melody Lombardo

607-533-3667
fax

Always remember to 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

Speeding Through The Village of Cayuga Heights

Cayuga Heights Police Station and Courthouse
836 Hanshaw Road, Ithaca, New York

The little hamlet of Cayuga Heights is quiet, peaceful, and slow moving. That is why I see and hear about so many speeding tickets around here. For the most part, the speed limit is 30mph. It is easy to go much faster than that when going up and then down our hilly terrain (hence the name heights).
The three most common cases I defend here are related to DWI/DWAI drugs, speeding, and unlawful possession of marijuana, NYS section 221.05 UPM.

Court is Held Every Tuesday and the First Thursday of Each Month

Cayuga Heights has a small but effective police force. They patrol the area regularly, and some of their unmarked (all black) cars can be rather stealth. The grounds of Cornell University are situated right nearby so it is probably not in your best interests to smoke pot or drink in any of the outside areas/parks/golf courses. I can't even imagine telling you the number of marijuana charges this village racks up in any given year.

One of the Newer Marked Sport Utes

The Village Justice is Judge Galbreath. He is a Cornell law professor by day. Which is why those attorneys appearing before him best be prepared. If you are asking for anything you better have good reasons, and an explanation.

This Court can be very busy at times with 1,000 to 1,500 cases per year. That said, the village court clerk, Pat Kannus is on top of things here, and out of the hundred plus courts I go to this is one of the better ones by far.

Things to know: 

1. Court starts promptly at 6:00 on Tuesdays and 5:00 on Thursdays. 
2. Sign sheet is out for attorneys and their clients.  
3. Assistant District Attorney is Andrew Bonavia of the Tompkins County District Attorney Office.
4. The Court is in a rather old (not well ventilated) but beautiful building, that said dress in layers here. It can be very hot in the summer, and cold or hot in the winter months.
5. There are three bathrooms (one in the court itself) and two outside the court.

Always remember to 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

Do You Have To Take the New York DDP (drinking driver program) to Get Your License Back?

My Inspiration!

You know the more I practice the more I truly believe law is all about reading comprehension. I have taken multiple bar exams (btw that's more than a couple). Spare me for bragging but If I had to give advice on taking them (and passing) it would have more to do with learning how to read than memorizing rules of law.

Why Don't People or Lawyers Read?

People are naturally lazy. To all the ditch diggers out there I apologize but I think the hardest work is mental concentration. It is taxing and tiring. Few people past high school even pick up one book. Many of the lawyers I know buy books but never read them. They look good on their shelves as eye candy but the value contained within is hardly explored.

I'm Not the Smartest Guy in the World but,,,

My confession: I love to read. I love books. I buy real paper books, and then mark them up. I know it's sacrilegious but I write in and on and through my books. I devour them. IMHO They were meant to be used and used up. I take notes and journal. They give me ideas, nurture my creativity, and along the way I grow and transform. I wasn't the top guy in my class or valedictorian or summa anything but I am the turtle. Slow and sure, I go, take courses, seminars, workshops, and I read and I grow myself. I believe anyone can.

So Why Begin Here, Online I answer Questions and Other Lawyers answer these same questions and
I can't believe some of the answers.

A recent query:

Do You Have To Take the New York DDP (drinking driver program) to Get Your License Back?

Many lawyers, many of them professing New York DWI expertise/criminal defense expertise saying oh yeah DDP is a must, a mandatory to get a NYS driver's license back after a DWI.

The Truth comes from the mouth of the New York State DMV booklet, a mere public booklet that explains to the general lay public about the program. Try reading some basic brochures, it's enlightening.

There is no DDP requirement. 

The DDP is voluntary unless ordered by the judge upon sentencing. It is not necessary for relicensure. It is only a necessity for those who want a conditional license during their suspension or revocation period. 

From the DDP brochure from NYS DMV: 

However, you may be eligible for a conditional license or a conditional driving privilege if you participate in New York State’s Drinking Driver Program (DDP) or an approved out-of-state program. 

If you are eligible "to participate" in the Drinking Driver Program, even if you "choose not" to participate, you will not be eligible again for the program or a conditional license for the next five years. In some instances, the court may order you to participate even if you already attended the DDP within the previous five years. However, you will not be eligible for a conditional license in this instance. 

Now does the word PARTICIPATE sound mandatory? How about the section in the brochure that asks, "what if you choose not to participate?" Would that even be necessary if it was a must?

Anyway, be careful who you hire and remember reading is a lost art.

Always remember to 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