You Have Rights? Just Not So Much if You Are a College Violator

I practice in an area of numerous Colleges, Universities, and Schools of higher learning. Beautiful and now cold Ithaca, New York. Go 50 miles in any direction and you will hit pay dirt (lots of little private colleges).

Why do they put all these great schools so far from civilization? Is it the cheap real estate? Just saying...

Anyway, the Isolation sometimes breeds boredom. This Boredom leads to mischief which potentially leads to trouble. Trouble can be in one of two forms (there is a 3rd but I don't do relationship or mental counseling) criminal charges and/or administrative ones. Some schools like TC3 (Tompkins Community College) will suspend you (for a term) for a DWI. Some school police (campus po po) will sometimes file an administrative complaint against you rather than a criminal one.

Is this better?Is this worse? Well it's both.

1. The level of proof to demonstrate your guilt is higher on a criminal charge: Beyond a Reasonable Doubt
2. The level of proof to demonstrate your guilt is lower on a campus violation: Preponderance of the evidence (a little bit more likely than not, or 51% to 49% that it is true)

Sometimes it is better to have just a criminal charge, as in possession of marijuana. Then you get Full rights, an attorney, Court, Judge, etc. I once went in to defend my 6th grader, she was accused on putting holes in a cork board (yeah I know a cork board). There I was in front of four teachers and the principal. She was guilty until proven innocent. What BS! It was like the Salem Witch Trials. Apparently she was placing her pencil into prior holes (it was a cork board). I left them a piece of my mind and a short rendition of the constitution. They were unwilling to even consider the possibility that the teacher was mistaken.

 Anyway, criminal charges (a violation) may be better than having to deal with an expensive and emotional draining suspension from school, IMO. Add it up: Dorm, Tuition, loss/waste of time and work. This is definitely not "Priceless."

Remember, Administrative Campus Violations have their own process:

First, an administrative judicial officer hearing. "One on One."
Second, if you would like an appeal to a full hearing, in front of a board. (multiple members)

You can present evidence (witnesses, letters, etc.) at these hearings. You can speak up for yourself, and your conduct.

BTW, at these hearings: NO Lawyers, NO lawyer letters, NO lawyer coaching (at least open and obvious) are allowed.

From the IC book (they are all very similar, I just happen to have their's handy)

 The presence of an attorney and/or written materials submitted by an attorney in representation of his/her student client is prohibited.

What to do? Generally, Do not give up. Defend yourself. Gather evidence. If not of your innocence (maybe you are guilty), then of your character, then of your past success (academically, personally, etc.), teachers/professors can witness to bolster you as an individual, they can also write letters on your behalf.
Take it upon yourself to "Read" your college's rule book on these hearings, fully understand their process/their procedures, and what they allow you.

BTW This is not to be construed as legal advice, every situation is different.

I believe you still have RIGHTS! Any time and any place in the USA. If you are accused of something.

I believe you must Confront your accusers. Confront the accusations. Bring everything into the clear light of day. There is too much to lose to just give up.   

The Back to School DWI

It's been a long and hot Ithaca summer. Compared to last year's record coolness, and lack of humidity this summer was brutal. I think we used the old window A/C units only few times last year. In fact, I was bragging to some friends how summer here is so lovely, blah, blah, blah, and then 2010 balanced it all out.

Cornell University and Ithaca College students are back, and the town is buzzing once again. My law practice focuses on DWI/DUI defense so naturally I have represented many students over the years.

One all too common DWI scenario is when a boyfriend and girlfriend have a nice dinner or a small party/get together. They all plan to spend the night, enjoy some drinks, and no one plans on driving. Then later in the evening or in the wee hours of the morning a fight or argument ensues. Maybe a drink spills on a laptop, or the liquor/beer/wine brings out some honest feelings or perspectives. Maybe the conversation becomes heated. Tempers flare and all reason gives way to heated emotion.

Now one party demands that the other leave immediately. Your best friend/lover/partner may even call the police after you leave, and tell them you are driving drunk or that you are driving high. With the flip of a switch you are in DWI hell. This situation is so common in my world that I call it the back to school DWI.

I always tell students that the time to think about a back up plan is not in the heat of the moment. You cannot think clearly with a combination of alcohol, and a polarized emotional state. Do not take any chances with your future. Always have cash and/or a credit card for a cab. Always have a car service number programmed in your cell contacts. Never assume that your friends are always looking out for your best interests. The bottom line is you have to protect yourself.

Understanding New York DWI Alcohol Evaluations Part 2

When I practiced as a Chiropractic Physician (before my legal career) I was trained in the use of a psychological manual called the DSM- III (this is now the updated DSM- IV). DSM stands for The Diagnostic and Statistical Manual of Mental Disorders. Think of the DSM as "Abnormal Psychology for Dummies" and you have a better picture. This manual allows doctors, psychologists, social workers, addition specialists and a host of other mental health care servers to quickly look up a set of symptoms, patterns, and other behaviors and make a "potential" diagnosis or diagnoses.

As a doctor I needed to differentiate (and sometimes place a rule out diagnosis) between physical illness and psychological illness. Oftentimes patients would have a layer of psychological problems/issues aside from and in addition to their disc or nerve or muscle injury. Now the reason I bring up and explain all of this is because this manual is the "go to" guide for evaluators. As a DWI defense lawyer the manual has new significance for me and my clients.

The manual describes alcohol abuse as ANY "harmful" use of alcohol. Harmful use of alcohol can be further described as any use that causes physical and/or mental damage. We all know that alcohol by it's very nature causes brain cells to die (alcohol blocks oxygen from the brain) so an abuse diagnosis is a very common one.

Legally, Alcohol abuse merely requires education. This can often be in the form of New York State's DMV 7 week Drinking Driver Program (DDP). The Court can force compliance with treatment, rehabilitation, and education related to any plea and/or conviction. In some New York counties this must come before a final case resolution, but in the majority of others it comes as a condition of discharge with the Court (after the final disposition).

The question on everyone's mind is so where is the line between alcohol/drug "abuse" and alcohol/drug "dependence"?

Well generally the following are some of the behaviors that those dependent on alcohol may display:

1. Drinking only one type of alcoholic beverage or preferring one brand.

2. Only going to events, get togethers, and parties that serve alcohol.

3. Being able to drink more and more over time by increasing their tolerance to alcohol.

So far these first three sound like my college days or the behavior patterns of many of us, but please read on,

4. Making a decision to quit drinking and then feeling compelled to drink.

5. Drinking to help a hangover (after a night of intense drinking).

6. A compulsion to drink (feeling you have to drink).

7. Getting shaky and feeling ill if you do not drink (alcohol withdrawl symptoms).

If you become DEPENDENT on alcohol then you should seek help. These last 4 critieria indicate people that have a problem with alcohol.

If we look at what the DSM-IV states we find the following:

If you have (display) 3 of the following 7 symptoms (over the course of a year) you are classified as alcohol dependent. By the way, Alcohol "dependent" is a nice way of saying you have "alcoholism."

-You Neglect activities (giving up on your job, social, and joyful pursuits) because of alcohol,

-You drink Excessively (large quantities over long time periods) beginning drinking early to late,

-You Can not Control your drinking or cut back on drinking,

-You Keep drinking even though it is affecting you mentally, physically, and socially,

-You spend a large majority of time in activities that involve drinking alcohol,

-You get nausea, shakiness, anxiety, and sweating if you do not drink,

-You can really put it away (you have a very high tolerance).

My own personal opinion from helping thousands of people as both a Chiropractor, and as an attorney is those people with drug/alcohol problems usually know it. If they do not deal with it early and own up to it they will eventually be forced by the Court/Legal System to confront their issue with more pain and cost to them and their families in the long run.

To me there is nothing sadder than watching someone throw away their life, and their potential as human beings away due to misuse of drugs 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

Dividing and Conquering the DWI

I am a fan of military movies. When I was young I loved to watch John Wayne, Clint Eastwood, and Charles Bronson. They were in my mind men's men. They were walking, talking confident leaders. In my memory, forever type cast as strong, wise, and tough conquerers. They fought for justice, freedom, and the pursuit of happiness.

When I think of my own career arcs, I have always fought or placed myself up against the establishment. When I was a Chiropractor, it was giving my patients the choice of using holistic and natural treatments rather than blindly following one size fits all modern-scientific medical dogma. At other times it was arguing with an insurance company who refused to pay for a procedure or denied benefits. As a lawyer practicing civil law, it was fighting hospitals, medical doctors, and their insurance companies.

Today, practicing DWI defense law, it is the New York State government, law enforcement, and their lawyers (the prosecutors). I am the check to the system. Often I work to set an imbalance. In other words, to create a more level playing field.

One basic premise behind DWI defense is that a case can be won if it is carefully and completely broken down into little pieces. The military theory behind it is called, "Defeat in Detail." You can defeat an enemy more easily by dividing their forces. As Lincoln said, "United we stand, divided we fall." Sun Tzu, said in classic military text, The Art of War, "Fracture the whole."

Any case becomes a story. Every story has chapters. Each chapter has a goal and a purpose. The story is usually of a person at the center of a police investigation.

While they (the government lawyers) are focusing on patterns and signs that focus on drunkenness. I break down the story into the good driving, normal walking, normal talking, normal thinking, normal responding, normal answering, and normal behavior into little bites of tailored information. Each chapter of my story highlights function, and normality. My story focuses on the missing pieces. Their stories embody red, bloodshot, watery eyes, slurred speech, and the strong odor of alcohol. Painting a picture of the fall down drunk. I am looking for all the other reasons (the reasonable doubt) for those same observations.

What is observed are always surface signs. Eyes can look watery at 1:30AM for many reasons, none having to do with the consumption of alcohol. The majority of people are not at their best in the middle of night, and the early morning hours.

So many questions need to be asked. How long have they been studying? How many hours sleep have you had the night before? What is the state of their health? What effect do red and blue flashing lights play in your performance? Or a huge flashlight thrust in your face? Were you nervous, upset, and scared? The term "performance anxiety" ring a bell. How well would anyone do at anything if they forced, under the gun so to speak to perform?

It's all how you look at it. It's the focus. It's the breakdown. It's the details. Make a list right now (while it is still fresh) of everything you did that was good, that was right, that was normal

on the night of your arrest. You will be surprised at how much of what you remember was normal.