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 Cortland Lawyer Why Do the Police Usually Charge More than One DWI?

People call me confused, why did I get all these tickets? BTW Tickets, also known as UTTs (uniform traffic tickets) can be at various levels: violations (infractions/non-criminal), misdemeanors and felonies (criminal). You can have and get New York DWI tickets.

People want to know why did the police charge me with this and that? Why? Why? Why? They want to understand what they are up against. They want to know what they are facing from the Court, the District Attorney, .

New York Police Generally Charge More than One DW

The troopers, deputies, and officers will seek to charge more than one DWI. They want to charge multiple DWIs because then there is more for you to defend. Their more complete DWI case against you gets stronger with each and every charge levied. Now you will have to defend not only their personal (professional) opinion of impairment and/or intoxication but also the opinion of a breath or blood test result.

If You take a Breath Test and/or a Blood Test more than One DWI is Inevitable 

Giving a sample of your body fluids is a big decision. Many factors need to be taken into consideration before making it. It is not an easy black/white, yes/no type of choice. It has serious ramifications to not only the strength or weakness of the government's criminal case against you but also the long term consequences to your driving privileges.

If Your Breath or Blood Test Shows .08 BAC or Higher 

If you have a breath or blood test result of .10 BAC (blood alcohol concentration) then the state police will generally only charge you with alcohol related offenses. If less than that then they will re-test blood for other substances like THC. Some prosecutors will specifically send blood back for further testing if there is any indication of polysubstance abuse. Things like finding drugs or paraphernalia in the car will provoke further inquiry and further charges or an attempt at further charges.

If Your Breath or Blood Test Shows .18 BAC or Higher 

Some police and prosecutors will charge both the .08 BAC DWI and the .18 BAC DWI, in addition to the common law DWI. So in total three DWIs. Even though a .08 DWI is a sub set of a .18 DWI.

Can You be Charged with Both Alcohol DWI, and Non-Alcohol (Drug) DWAI Drugs?

You can be charged with both alcohol related DWI charges as well as non alcohol (drug) DWAI drug charges. This is common if the police find marijuana or smell marijuana. This is also common if they see a disconnect between your behavior and your low level of BAC on field or chemical testing of your breath.

KEY TAKEAWAY: 

Remember it is in the police or prosecutor's ultimate discretion to increase (add) charges or decrease (dismiss) charges depending upon the evidence. They have a stronger case of proving one of the DWIs or DWAIs (drug or alcohol) if they charge more than one.

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

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.

Ithaca Cortland DWI Lawyer Why I love Cortland City Court

Cortland City Court, Cortland, NY

My office is located in Ithaca, NY but the mainstay of my practice is DWI defense within the counties surrounding Tompkins County. I travel around 50 miles in each direction. I have defended drunk driving cases in Cortland, Seneca, Chemung, Tioga, Steuben, Broome, Chemung, and even Yates County. Yates has been a little tricky because I dislike night court, especially in winter due to the rural roads and lack of cell phone service in some areas. Being stuck or off the road in the winter, at night, with no connection to humanity just doesn't paint a pretty picture at my age ( a spry 50 this year).

Anyway, I love going to Cortland City Court for a number of reasons:

1. City Court is run methodically by seasoned veterans of the bench. btw City Court judges are elected to ten year terms in contrast to part time town, city, and village judges/justices who serve for four years.
2. Cortland Court is right across the street from the Cortland County Courthouse. If cases are going to move to felony level or we need to discuss the case (plea negotiations) with a prosecutor (district attorney) they are literally, right across the street.
3. Cortland City Court has the attorneys sign in on separate sign in sheets of paper, listing time, number of cases, etc. This is different than any Court I have been in Upstate. The process insures fairness and works to keep the case load flowing.
4. The Courthouse is within blocks of coffee shops and restaurants.
5. Parking is free, plentiful, and right next to the Courthouses.
6. Located at the corner of main and court streets it is easy to get to from any direction.

Website for the Cortland City Court:  http://www.cortland.org/city/court.htm

25 Court Street, 
Cortland, New York 13045

Office Hours: 8 am - 4 pm, Monday through Friday NEW HOURS!
Telephone: (607) 428-5420
Fax: (607) 428-5435

Initial Appearance (arraignments) on DWI cases are held Monday, Wednesday and Friday at 9:00 a.m.

Main Judge on the bench is the Hon. Thomas A. Meldrim

Part-time City Court Judge Lawrence Knickerbocker is on the bench when Judge Thomas A. Meldrim is absent or disqualified.

Across in the Cortland County Courthouse are the offices of the DA:

Mark D. Suben

District Attorney

  

Cortland County Courthouse

46 Greenbush Street, Room 101

Cortland, New York 13045

Telephone 607-753-5008

Assistant District Attorneys

Christopher I. Simser, Sr

Kevin A. Jones

Robert P. McGraw

Veronica M. Krause

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY  14850

607-229-5184
http://ww.ithacadwi.com

newman.lawrence@gmail.com