Can Early Treatment Help Reduce My New York DWI Sentence?

Sometimes a carefully planned and executed treatment program for drugs and/or alcohol can sway the judge, probation, and the prosecutor to leniency. Knowing where, when, and how to do this is a matter of evaluating the court, the District Attorney's office, and the judge.

NY DWI Dismissed: Unlawful Police STOP for Failure to Signal Violation o...

Brandt was stopped for violating V.T.L. § 1163(b), which he argues only applies to a moving vehicle that must signal a turn one hundred (100) feet prior to turning. Where the defendant's vehicle was stationary at a red light and he signaled his intention to turn while stopped, the one hundred (100) feet does not apply. The court agreed with this and his DWI charges were dismissed.

Dangers of New York DWI Drug Alcohol Evaluations

Knowing what to say in answer to an evaluator's questions is so important to your DWI case outcome.

Do not think that these conversations about your drug or alcohol use are friendly because they are NOT.

People v. Garcia and Mismarked Police Reports

Police officer testifying in Court

For the record mismarked, wrongly worded, and badly timed New York police reports will not get a case dismissed or reduced. In a August 2018 DWI case of People v. Garcia, the defense attorneys filed motions to get a case dismissed based upon a lack of operation. You see the New York police report aka the 710.30 form has check boxes.

What happens if the police don't check some boxes? What happens if the police mischeck some boxes? What happens if the police misstate the times of the arrest, the color of the car, the make of the car, the model of the car, and even the streets? 

New York 45 day Rule: Criminal Defense Motions: You Snooze You Lose

Timelines or deadlines are crucial in criminal defense. The NY 45 day rule states that we have only 45 days from the date of the initial appearance with counsel in which to file our motions. In other words the clock starts ticking on our ability to keep out evidence (suppress it) within those first 45 days.



If we do not challenge any of the evidence, then the default is that it all comes in against you at trial.

How Does My New York Conditional Discharge End?

A Conditional Discharge is the most common sentence by New York judges, so how do they end?

New York CD versus New York ACD: What's the difference under the law?

New York CDs and ACDs are very similar alphabetically but are worlds apart in meaning.



Conditional discharges are the most common sentencing option across the board for anything from a non-criminal violation to a misdemeanor and occasionally even a felony level offense.



Adjournment in contemplation of dismissal is where the judge and prosecutor agree to set aside (delay), adjourn if you will your case while they (contemplate) think about dismissing it.



With a New York CD you are most definitely  convicted of something.

With a New York ACD you are most definitely NOT convicted of anything.



Both have terms and conditions.

Both have time periods to compete those terms, conditions, and/or obligations.



CDs are usually one year in duration but can be two years max.

ACDs are usually six months, and sometimes can be a year in duration.

Lindley, New York: Trooper Speed Trap

Upstate New York has lots of little towns with many speed traps. The top speed limit is 65 mph and the NYS troopers show no mercy in this regard.

Steuben County is beautiful this time of year but don't be distracted, your speed can get away from you. This part time court with part time judges can often be difficult to communicate with.

Have your tickets evaluated and explore your options with a traffic attorney before you decide to do anything. Quite often out of state people can be represented without any court appearances.

Newman and Cyr is a boutique DWI and traffic defense firm located in Ithaca, NY and serving the Finger Lakes region.

http://www.ithacadwi.com

larry@ithacadwi.com

607-229-5184

Refused a Breath Test: How to Get Your License Back?

Lots of calls about how to get a license after a DWI refusal

I have spent way too many hours going over and over the same things with DWI refusal callers. I make these videos to bring some clarity to how the DWI refusal in criminal court is separate but yet so important to the licensure.

New York Refusals are not illegal but they do have consequences.


The New York DWI refusal is unlike any other state. In some states the refusal itself is a crime with separate penalties. Written into the New York legal statute is a very important piece of information. Two penalties with the breath test refusal: one year license revocation (New York) and consciousness of guilt instruction from judge to the jury. That is the reason for your refusal (they can infer) is you were conscious of your own guilt. And one other provision that many people know nothing about.

The New York DMV allows NO license UNTIL a plea to a VTL 1192 Offense

You will not get your license or license privileges back UNTIL your criminal case is completed, and has a plea to a VTL 1192 offense. The 1192 offenses are either:


DWAI alcohol VTL 1192 (1) Driving while impaired by alcohol

or

DWI alcohol (common law) VTL 1192 (3) Driving while intoxicated


This plea of guilty to one of these can be by three means:


1. bench trial with the judge (non-jury trial)

2. plea bargain with the prosecutor (either the DWAI or DWI)

3. jury trial

Trials with DWI refusal cases are generally better to defend because there is NO BAC number. 

The prosecution has NO blood or breath blood alcohol concentration to hang their case upon. So the whole case hinges on the police testimony (opinion) of law enforcement. In some cases with witnesses they can testify as well either to your sobriety or intoxication.

All DWI common law (opinion) cases are a matter of degree.

In other words what was the degree of your impairment by alcohol? Were you merely impaired or truly intoxicated by alcohol. That is the million dollar question.

California License with New York DWI

California and other out of state license holders have to be made aware of the challenges of dealing with a New York DWI. Administrative (license) penalties can be double. There are things you can do to lessen the problem.



California is notoriously slow when dealing with any car related matters. SOURCE: my son sold cars out there for many years. Getting a tag (plate) for your car is ridiculous (many, many months).



So first thing I tell anyone going through a New York DWI with a California license is, get your certified = official CA driving record as soon as possible. It has to be ordered by snail mail or you have to walk it through.



People who are residing in New York state should make this request because New York will not give you a conditional license (school, work, medical) without showing a fresh (recent) certified abstract showing nothing is wrong with your California driver's license.

Why Cops are Mean On DWI Stops?

Sometimes we get the phone call that is irate and pissed off about how the police handled their DWI stop. With some police departments it is more common and with others less BUT DWI can bring out the worst in people's temperaments. We see two types of DWI stops that bring the most heat or hate.

Do the police have a legitimate right to be mad with some DWI arrests?

What can you do to make your police stop and/or arrest for anything better or at least civil?

Can the Prosecutor Challenge Your Getting a Hardship License After a DWI?

Prosecutors (district attorneys) can definitely make life harder. This is true across the spectrum of criminal defense but especially with DWI cases. Some have a self righteous stance on drunk driving. You would think after all the years they wouldn't, and even though I have represented quite a few attorneys some still like to beat the holier than ... drum.

So even after what you would think would be a given, a special hardship license that doesn't even concern them, here I am once again defending my client's rights to one. Remember that nothing is guaranteed, except death and taxes.

Can a prosecutor challenge your getting a hardship license?

Understanding New York Judges and Plea Bargains

Judges At the Apex of the Legal Triangle
Judge-Defense-Prosecution

After a few decades of practicing law you start to get a better overview of not only the legal process but the dynamics of how judges think about cases. It is not always the same way because not all judges act, think, or feel the same way about every single case.

That said, there are specific types of judges. I'm not talking about criminal versus civil versus family versus federal versus bankruptcy versus administrative judges. What I am talking about is the overall way that a criminal judge handles the prosecutor/criminal defense lawyer relationship.


What types of New York State criminal judges are there?

How do these judges sort their cases?

How do these judges make final decisions on sentencing?

Ithaca DWI Lawyer: Milk is NOT Always Milk

I love cashew milk even if it's NOT milk
from latestvegannews.com

I get a kick out of all the things people, companies, and even national organizations argue about. Lately it's all been about Milk. Is Soy Milk milk? Is coconut Milk milk? Is Cashew Milk milk? Or is the only thing that is really milk the stuff that comes from a mother animal's teat? Can it be that we have come to a point in vegan time or vegetarian time when we quibble over definitions?

Well the dairy industry is saying that the only real milk is the one we all know and love and that comes from a cow. The FDA is part of this battle and they are taking a position that guards the public trust in what companies can state or call their products. We don't want people to be deceived by marketers, God forbid.


Should we care about whether cashew or soy milk is milk?

For that matter does it matter what the legal definition of anything truly is? 

Ithaca DWI Lawyer: First Amendment Be Damned, Watch What You Post on Social Media

Harvard University is the best
from  the odyssey online.com

Just this week Harvard University, the bastion of free speech and expression rescinded the admission of ten applicants to their incoming class of 2021 because of offensive and inappropriate Facebook posts. Apparently "Offensive" means joking about sexual assault, child abuse, and the holocaust. These types of messages and graphics are no longer acceptable even though they are permitted under the constitution. This has shocked more than a few people and has been called by many the new morality.

Is this right? Is this the new normal? And what do people facing criminal charges have to be concerned about? What about people with new and old DWI or drug offenses?

Is free speech truly gone? 
Should people be concerned that their party/social image may have untoward collateral effects?

Ithaca DWI Lawyer: Michigan License with a New York DWI Charge

Michigan Got a Little Piece at the Top as Well
from carnegiemnh.org

First, I want to thank Michigan DWI lawyer Gary Wilson for his help in answering the question of what happens with a New York State DWI charge with a Michigan driver's license. Gary is one of the best in his state at defending DWI or what Michigan calls "DUI" charges.

So what does happen with a New York State DWI (driving while intoxicated) charge back in Michigan?

Can they hit you with double penalties both in Michigan and New York?



Can you do anything to decrease the Michigan penalties of a New York State DWI charge or charges?

Ithaca DWI Lawyer: What is Ex Parte Mean?

You will sometimes have judges stop defense attorneys from speaking to them because there is NO district attorney present (prosecutor). Beyond discussing the weather or how the hunting is this year case discussions of any type must be delayed till both sides are present.

Why would a judge stop a defense attorney from discussing a criminal case if no DA is present?

Why would a judge not be able to hear just from the district attorney if no defense attorney was present?

Ithaca DWI Lawyer: Is the 6th Amendment Really Disappearing?

There are many states under ever increasing financial pressures to provide their citizens with safety and good roads. Along with the basics of life we are also guaranteed under the 6th amendment to the constitution with a right to counsel. This right is invoked if and when we are charged by the state, by the government with a criminal offense.

Just how ironclad is our right to an attorney?

Does having a right to an attorney also mean that you are also entitled to the best defense possible?

Does having a right to a public defender also guarantee anything else?

Ithaca DWI Lawyer: Negotiating a Case Ain't Like Anything Else

Maybe people are under a mistaken impression that criminal case negotiation is like other types of negotiation, quite simply, it ain't. In other types of negotiation you can just walk away. As in No Sale today, but if it's criminal charges you are facing then that's just Not an option. You can't just look elsewhere or take a break or come back with a lower price, no.


How do criminal case negotiations work?
How do older defense attorneys size up a plea?
How do you really know if you got the best deal possible?

Ithaca DWI Lawyer: Pulled Over by Plate, Can the Police Do That?

We get phone calls all the time about whether the police had probable cause to pull over cars. Often it's a "he said/she said" in court where the police and the driver have a difference of opinions about what actually happened. The ability to produce probable or reasonable cause to stop a car is many and varied.

Out on the road without body cameras, whose to say what really happened? In New York State as of 2017 body and law enforcement vehicle cameras are still a rarity. So it goes "Well I wasn't speeding, I always use my signals, I didn't go through that stop sign, I paused briefly, and it goes on and on." Police often have the upper hand because judges tend to side with law enforcement, and many judges are former police officers.

These days the police regularly run your plate/tag. They have machines mounted on their cars that are high speed plate readers. Any problems with your vehicle registration being out of date or your insurance or your inspection can lead to a stop.

Is it legal for them to use your plate (tag) information to then pull your car over?

Is that plate information fair game for a legal stop?

What if the computer  is wrong, can they still use information from the car stop against you?