How Many Times Must YOU Appear for a NY Traffic Violation?

"New" Vehicle and Traffic Law section 1806 is NOW five years old 

Having to physically show up to court over and over sucks. It sucks for regular (lay) people, and it also sucks for their attorneys. It is a true time waster in every sense of the word. What could be handled or settled or negotiated or resolved in less time and less effort and less money drags on and on. WHY?

Form Over Substance

Why after all are new laws proposed, and then passed by our legislators? New laws are aimed at helping all of us but without common sense in their substance they end up making things worse.

I recently had a Court demand my physical appearance on a ticket case. To demand that an attorney physically appear to resolve a rather simple traffic violation with no aggravating factors is frustrating. This is especially true when it is a 7:00 PM Court in the middle of nowhere. Is it any wonder that my next Court date in this Court is also scheduled 3 months away because the Court is so backed up with tickets. This costs everyone more, not good, certainly not justice or fairness for people by any stretch of the imagination.

The NOT so NEW New York VTL Law Section 1806

In 2009, the New York State legislature changed traffic tickets throughout the state to an almost mandatory three stage process:

1. Initial (first) appearance
2. Pre-trial conference (discussion/negotiation of matter with judge and DA or ADA)
3. Trial (police show up ready to go)

In the real world, tickets, violations get negotiated with prosecutors daily via phone, fax, email, and mail. Most offers on these types of matters are then approved by the judge. Most ADAs don't give plea offers that won't be approved by their respective judges.

If you look to the picture above you see one of the Courts using and almost with a certain glee flouting Section 1806 as a mandate to physically appear. They might be using it as an excuse for whatever reason. In many places we can still handle these tickets (violations) within a two stage process or even a one stage process IF we have all the necessary paperwork and documentation prepared in advance.

IMHO With or without new law common sense must prevail because without it we are all going to be spinning our wheels and going nowhere fast.

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

My First Loves, and the Lesson of Resourcefulness

Growing up I had three main interests besides girls. I loved Magic, Photography, and Bodybuilding. These occupied many hours of self- study and energy. My sister thought I had unhealthy obsessions with these things. I would buy magazines, read books, and focus on nothing else.

Constraints Make You Creative

I had limited finances (poor kid from a poor family) so with this as my constraint I looked for used equipment, went to the library, and learned to be resourceful at an early age. Waste nothing, use everything, and make the most of what I had. I can still remember the New York library section for magic to this day, 793.8.

My little basement gym turned into a crucible for change, this grew over time as I accumulated mismatched weights, odd bars, and benches. With these I learned valuable lessons. No pain no gain. I learned that there was a price to pay for everything I wanted. That I would pay this price in advance for what I wanted. If I worked hard enough and long enough I too could succeed.

I went down to that basement Brooklyn gym night after night with one goal in mind, build myself, and show them. Them being all those with, with the luxuries, with the advantages, and with the resources. That driving force led to a 3rd place NYS Powerlifting trophy (NYS Amateur), a basement darkroom, and a magic performance to NYC Mayor Beame.

That same mentality, brought me to earning professional degrees, passing multiple bar exams, building very successful businesses, and having a wonderful wife.

Too Many Advantages Can Be a Disadvantage

I believe that companies and people that give themselves permission to spend to build and create do themselves a disservice. Having finite resources or thinking you do forces you to go outside the box. To make more and do more with what you do have fosters and encourages deep reflection. I believe that having too much or a mentality of wastefulness leads to aimlessness.

Doing the most with what you have is a philosophy. It is my ideology that truth comes from the bottom, from your core, comes from when you are running on fumes, comes when you become real and authentic, comes from being lean, and from being hungry. As Arnold used to joke, you gotta Stay Hungry to win and continue winning.

Success by Formula NOT Chance or Luck

I tell you all of this not to try and impress you with what I have done or accomplished. I share this because I believe that ANYONE can exceed their hopes and dreams. Having a focus, putting your energy, time, and resources into it wholeheartedly, and then following through by giving back to others is the KEY. Being good at anything and achieving anything you truly desire is not by luck or chance. Although amazing opportunities that seem like sheer luck for these may pop up along the way as your momentum builds.

Who I was as a Chiropractor, who I am as a lawyer, husband, father, and man are directly related to embracing the lesson of resourcefulness. Making the most (and doing the most) with what you have is the Winning Formula. Often having less or nothing at all is far better than unlimited resources.

http://www.ithacadwi.com

New York Traffic Misdemeanors: No Valid Registration, No Valid Insurance, and No Valid Driver's License

There is a world of difference between criminal and non-criminal charges. Criminal charges generally involve an arrest, booking, fingerprints and then they require court appearances, and lawyers.

In a word, the paper documents we call our car insurance, our driver's license, and our car registration are merely SYMBOLS. If there is nothing beneath them, no real validity to there physical presence and representation they are worthless.

The penalties can be huge:

Persons driving a car without valid insurance under NYS VTL section 319 face up to a one year license revocation. Fines between $150 and $1500 plus DMV fees of $750.

Persons driving without a valid registration under NYS VTL section 512 face jail time.

DO You Need to KNOW? 

I recently had a phone call. Grandson borrowed grandpa's car. He was arrested following a stop for speeding. How does that happen you ask? Well Grandpa had not kept up with the registration, ie. he didn't pay, and then let the insurance lapse.

He spent the night in jail because of this, and wanted to know WHY?

Why was he being held accountable for grandpa?
Why was he arrested for this?
Why was he now facing misdemeanor charges?
Why if he truly didn't KNOW, why was he at fault?
Why isn't grandpa being arrested?
I'm just the driver NOT the owner. What if the owner doesn't know and the driver doesn't know?

The Key: Some Crimes require KNOWLEDGE but NOT these.

Well Bob (not his real name), it works like this, you don't have to have KNOWLEDGE about the car not being valid, or insured. It is your responsibility to make sure that any car you drive is actively registered, insured, and that your license is valid. Just like you must make sure the headlights work and the car is safe.

So make sure that the car you borrow, even from family is fully up to date on it's coverages and obligations or else you may be the one paying the price for their irresponsibility.

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

You are a Snowflake: The Mythos of Presumption: Breath - Blood Alcohol Ratios

Challenging Presumptions is Demanding
from private person.com

Word play fascinates me, after all is there really a difference between assuming and presuming anything? Apparently in our day to day usage, NO, but legally we do have PRESUMPTIONS under the law. A Presumption is considered by the grammar police to be more founded or based on evidence or proof. Police have you walk imaginary (pretend) lines so wouldn't it be fitting to have them test your breath for alcohol using machines that presume as well?

Legal Presumptions

One presumption that works for you is the Presumption of Innocence, you are presumed innocent unless proven guilty (and guilty beyond a reasonable doubt at that). In other words, you start out under the law with a clean slate.

One presumption that works against us is the Presumption of Breath - Blood Alcohol Ratio. This has been set by the government at 2100:1. Every state in this country uses the same number on their breathalyzer machines. What that means is that the breath alcohol machine that takes your breath (that you blow into) and that will calculate your BAC (blood alcohol concentration) will use this average ratio. The measurement algorithm set in the device is going to use 2100 as a multiplier to arrive at your blood alcohol concentration.

You must remember that the device that measures your breath alcohol takes a very small sample. This is  a fraction of your total body/blood alcohol. It is expelled breath alcohol at a given point in time. How much alcohol your body is actually eliminating, the rate of your elimination, and the true concentration of the elimination is a guess. It may be an educated guess, but a guess nevertheless.

Some of my clients have swore that they only had a few beers. I have calculated their real BACs based upon all of their remembered timelines, consumptions, and time of testing. Sometimes their police BACs just don't match the facts. Truth and presumption don't always align.

Remember YOU are a special snowflake!
from abduzeedo.com

Assumptions

The breath machine assumes that your breath is 34 degrees.
The breath machine assumes that you are in the elimination phase of alcohol metabolism.
The breath machine assumes you are an average person (whatever that means).

No one is the same (hence my snowflake reference) but everyone is treated as if they are when it comes to breath alcohol testing. No person has the same metabolism as another, no person is 34 degrees all day every day, no person is static (metabolizes drugs the same way every day). We are all different and we are all dynamic. On any given day based on a number of things our bodies may deal with a drug (any drug) differently. Our bodies detoxify at different rates and times based upon our time clock, our food intake, and our general level of health.

This very fact can mean that a person with a .11 BAC may really be a .07 BAC or more or less (who really knows). Couple to this that your BAC may have been rising or falling from the time of your driving to the time of testing, and we have other issues to consider.

I have a computer program that can calculate someone's real BAC at the time of driving or at least a close average range based on a number of specific criteria. If they can give me the facts I can extrapolate the real numbers. I have used this program to either create a defense or call horseshit on a story.

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

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 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. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. 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

Ithaca Cortland Lawyer Is Your DWI Arrest Record Online Forever?

Your mug shot may not be flattering from ncmugs.com

Nobody likes their private humiliations made public. It is embarrassing. A DWI arrest or any arrest for any crime can be published online or in print.

So first, Will it be? Sometimes yes and sometimes no, it depends upon the time and the circumstances. If you are the mayor or a famous person, you are as they say, newsworthy. People love juicy gossip. A celebrity fall from grace is what people love to hear about. It gives them that German term, a feeling of "schadenfreude" of finding joy in the misery and pain of others.

Are DWI arrest records public knowledge? Yes
Is it legal that my DWI arrest records are published by news groups, newspapers, and online sources? Yes

And so it goes, your DUI/DWI arrest records are public records. Remember that an arrest for anything is probable cause level proof that you did something.  It is not proof beyond a reasonable doubt. An arrest in and of itself is merely an allegation of wrong doing, nothing more.

But what will people think? They will think you are guilty. That is the truth. People generally believe stuff that is published. People love to believe the worst. It is basic human psychology. I know that whole you are innocent till proven guilty, but in the real world people say guilty till I see or hear otherwise.

So what to do? 

First, realize that sitting, lamenting, and stewing over it does absolutely nothing. It is what it is. You have control over one thing, your reaction (or your response) to it. You are not a bad person. Many famous and super successful people throughout history have been arrested. It doesn't diminish you if you don't let it diminish you. Many of those who will judge you have done the same thing but they never got caught. The ones who judge the most are probably harboring their own secrets.

Second, you will have little to no control over the media. Asking them not to publish your stuff will probably push them to do it more. If the news is slow (nothing major to report) then your DWI arrest maybe front page. If your situation involves an accident, a child, or multiple drugs it is also more interesting and more likely to receive press.

Third, it will pass, other news will put yours on a later page. It will likely never go completely away. Someone with enough patience can unearth old news. But it will become a distant memory. As they say, time heals all wounds. Time will in fact bury your event within the millions of history. Unless you are a rock star or globe trotting mogul your arrest just won't hold long term public interest.

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

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 440 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. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. 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

Ithaca Lawyer How to Get a Job with a Prior Arrest or DWAI/DWI Conviction History

It's Inevitable, they will check.  from executivebranchproject.com

These days getting a job or a position that you would enjoy long term can be difficult. You've probably invested a great deal of time, money, and effort in getting an education (degrees, training, internships) and now the hunt is on.

The road ahead is filled with job applications, background checks, and fearing the worst (nobody wants you) of outcomes. Now imagine if you have some baggage to take on your trip. Baggage as in prior DWI or DWAI or ADWI arrests, convictions, and a history of behavior you are not proud of.

First, don't fear. You amongst a large club, those with worldly experience and the scars to prove it. Many employers are used to seeing even the most accomplished (academically) Ivy League grads with tainted histories of marijuana, alcohol, and other drug related convictions.



Three Part Preparation is the Best Plan of Action

ONE: Obtain a Certificate of Disposition

I believe you must plan in advance of your journey to be ready to address any concerns. You should obtain a Certificate of Disposition from any Court you have had a conviction. In New York State following any conviction the Court must file what you began with (initial charges) and the final outcome. Remember that convictions are defined in NYS as both non criminal and criminal offenses. Convictions can be following a Plea of Guilty or a finding of Guilt after a trial (they are the same legally). Get this certified (stamped, sealed, signed) document from the Court of Conviction (where you went for your case).

Why is this important?

Most of the Courts will categorize (classify) using a M for misdemeanor and a V for violation. This is nice to show to prove you do not have either a criminal conviction (as in Violation level) or a misdemeanor that is not a Felony. Felonies are the worst of criminal convictions. Most violations are sealed (shielded) in NYS but not soliciting a Prostitute or DWAI (Driving While Ability Impaired).

New York DWAI will show up on an FBI background check. It will not state that it is a non criminal violation. Most people (employers) will think it is a criminal DWI.

TWO: Full Disclosure

I believe with either DWI or DWAI Full Disclosure is the best policy in 2013. It is just too risky to think it won't show up or come up somewhere. Transparency is genuine, authentic, and in my mind a better strategy to winning over a future employer.

THREE: Your Drug/Alcohol Evaluation/Assessment

The name of the game is risk management. Are you a risk? Are they taking a chance investing in you?Allaying fears is in your best interests early on. Showing and proving you are stable and healthy goes along way to calm fears.

Human Resources wants to put this document in your file, why? so that they can say that they did their diligence in checking you out and confirming you are safe. If there is no investigation into prior problems or issues (as to your ability to be responsible) they might be in for a lawsuit based on negligent hire if you screw up later on.

Hypothetical to Ponder: You get a bank job or financial services position. What if in a drunken or stoned haze they claim you released the Social Security numbers of policy holders, financial accounts, or sensitive passwords?

So just three easy steps, two documents, and a simple paradigm. I think you accomplish three things here,

1. establish a connection
2. create trust
3. earn confidence

It just feels good to get that job!  from liberty.edu

All the best in finding the job/position of your dreams (now make sure it isn't also one of your nightmares).

Lawrence (Larry) Newman

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184