Dangers of Representing Yourself for a New York Traffic Ticket

Self representation or going "Pro Se" can be dangerous with any legal matter. Here Mike Cyr, a traffic attorney in Upstate New York gives the three main reasons why this is so.

Ithaca DWI Lawyer: Can The Police Cherry Pick Speeders?

Police can and do Cherry Pick

Most people have this thing about stuff being fair. As in, that's not fair or that is fair or the latest expression "fair enough." Is anything really fair enough? Isn't fairness really arbitrary? Is there any set level or standard for fairness?

We in the business of criminal law and the defense of those charged with crimes and violations have people ask us about fairness. Is the prosecutor being fair? Is the judge being fair? Or are they generally speaking fair with fines, punishments, and how they treat people?


When it comes to police charging people fairness moves into a whole other category.

Can the police decide who gets charged with a crime and who does not?
Can the police "cherry pick" their speeders out of a bunch of cars?
Can they write down a lower speed or even a non-speed ticket for a speed stop?

Ithaca DWI Lawyer: New York Police Use Concealed Identity Traffic Enforcement

This Ain't a CITE? 

I love acronyms and cars, so when the New York State Police rolls out their CITE vehicles I get excited. The state police are on a crack down this summer for texting, calling, ipod-ing, gps-ing and driving. In other words hunting down distracted dangerous drivers.

So what's a CITE vehicle?

How is it being used to get those violating the law?

Ithaca DWI Lawyer: Can the Police Change My Ticket?

Sometimes people are surprised to learn that the police can increase your charges, add charges, decrease charges, and even issue new tickets after the stop of your car. This discretion to charge lies with all members of law enforcement. Prosecutors use it (charging discretion) when plea bargaining.

If a cop tells you, hey "I'm cutting your break," that might really be the case. 

What if you want to contest the charges? What if you believe the break you got wasn't really that great? Should you be afraid of police or prosecutorial retribution?

Ithaca DWI Lawyer: Can You Get Tickets Expunged from Your Driving Record?

The amount of scrutiny people receive these days before being offered a position is staggering. Not only are they doing drug screens but they are requesting fingerprint criminal background checks as well. Many companies and organizations are also checking driving histories as part of a pre-employment background check.

Do you have traffic tickets on your history? Is it possible to clean up your New York State driving history? Can you get tickets or charges removed after a period of time passes?

Ithaca Lawyer Whose Definition is It? The Lie of Truth

Ain't that the Truth
from yalerecord.com

What is the truth about anything? People love to argue over what is and what is not. Definitions come from someone and they come from somewhere but who, what, and where?

Well first off, how something is defined is by more than just one filter but many:

the filter of place (a state, a jurisdiction, a city, a country, a locality have you),
they are also defined by a filter of time (a date),
they are defined further by a filter of culture,
and even further by a filter of personal perspective.

So what we may believe is good or bad, black or white, or variants of legal or illegal, or fair or unfair must pass through all of those filters. What was true yesterday may be untrue or false today. What was good before is now ok or even terrible.

I recently had a person hire me for an appearing simple ticket matter which became more complicated as I learned more of the circumstances surrounding it. As they say, the plot thickened. I was eventually left trying to explain why with all these "new" facts things would be harder.

Complications from Afar

Well their driver's license was from another state. This is usually not a terrible problem with a simple ticket but their state considered any action to their license privileges in New York would also bring the same action and much worse back home. This simple ticket could not be handled without a sit down or two with the District Attorney and Judge. We call these pre-trial conferences.

This action against it in that other state would be on top of any NYS penalties. I was not going to practice in a state where I was not licensed. So I called a lawyer friend in this state, and asked their legal advice. The news was not good or promising. I would have to flex my creativity muscles on this one.
Being creative to package a deal which may or may not have included increased fines, community service hours, a defensive driving course, pleading to multiple smaller violations with lesser points, or nondescript violations or what have you. A deal of sorts.

The Difficulties with Being Your Own Lawyer

I went back to the client, and their parents to relay the news. They first accepted it, and then they decided to do their own legal research. Well not really legal research more like trying to read their state's DMV handbook. Now remember a DMV handbook is NOT the law, it is a watered guideline. It is not even all encompassing or legal speak (definitions).

The difference between understanding law and legal process for a novice is hard enough but to compare a truly unlisted offense with a seemingly similar one is not something that even a lawyer would try and do.

The Bottom Line: Offenses which go beyond standard definitions need local practicing attorneys
for explanation, for context, and for guidance.

The Curse of Knowledge

Sometimes being smart can truly be a curse. I suffer the same fate, thinking that I am smart in some ways and things and then thinking that that I can apply that brain power to other disciplines, ahhh wrong! I have learned to trust the judgement of others. Especially those I hire and have no reason to doubt.

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

Oh the Dangers of Upstate New York Speeding with an Out of State Driver's License

Shooting them there FISHES
from odditycentral.com

I handle lots of speeding tickets in the Upstate (Finger Lakes Region) of New York. Many people from other states pass through this area on business and pleasure. Whether you are here for a few hours or a few days the likelihood of getting stopped for speeding is high. This is especially true for those from out of state. To the Troopers, it's like shooting fish in barrel.

Round' em Up
from toptenz.net

Wide open expanses of highway and rolling little roads where the speed limits are far lower than they need to be. People coming from bigger (more populated) places just can't help themselves. It's a little too slow, and a little too quiet for the majority of them.

One thing that always must be taken into consideration before discussing a plea bargain with the District Attorney is what's going to happen back in their home license state. Because, Well it can range from nothing to a lot. Talk about diverse and crazy laws.

If you are from New Jersey, ANY out of state points (from out of state tickets) come back to New Jersey as only 2 points. Get 8 in NYS it's still 2 in NJ.

But if you are from North Carolina, it's as if it occurred there, in North Carolina.

High speed tickets (15mph over the limit) are misdemeanors in North Carolina with mandatory driver's license suspensions. This is a good thing for your attorney to know BEFORE going in to discuss any potential plea bargains or deals. It would be a bad to find out your NYS speeding ticket had triggered a surprise NC license suspension.

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

Ithaca Lawyer: Can You Drive on a Foreign Driver's License with a Suspended New York State Privilege?

People confuse physical documents with actual privileges and protection daily. Just because you have an insurance card does not mean your insurance is in effect and valid. Just because you have a driver's license from a state does not mean it allows you to drive in that state or any other. Just because you have any document from any country does not mean that the paper carries any weight anywhere BECAUSE it is what is behind and in back of the documents that give (or imbue) them with any power or authority.

A Driving Privilege = A License to Drive 

If you drive in the state of New York, and
you incur a violation, and
you DO NOT address it (deal with it)
then you will most assuredly be suspended.

YOUR PRIVILEGES TO DRIVE ARE SUSPENDED ON THE COMPUTER.

You are now in the system as a violator who is irresponsible. This is sometimes referred to as a person who is a SCOFFLAW.   A person who SCOFFS the law.

It is an old prohibition term (1920 to 1933) for those that used to drink during a time when our country made alcohol illegal. Thank god that's over, but anyway, it is a person who doesn't follow the law. It is a person who "mocks the law or ridicules the law or flouts the law or fails to answer summons or pay fines."

If someone comes to New York from any state or nation they can drive on the license from that place legally. They will be afforded NYS driving privileges.

They may choose to apply for a NYS license or permit but regardless IF they violate the law they must comply or else they lose their privileges. Their license from any other place is now worthless here because in NYS the person with their name, date of birth, and social security (if any) is NOW a Violator, A SCOFFLAW.

SCOFFLAWS CAN NOT DRIVE LEGALLY.

If a scofflaw drives and is now stopped by the police they will then be charged with AUO 3rd.
Aggravated Unlicensed Operation of a motor vehicle in the 3rd degree, a criminal misdemeanor.

 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.

When a Permit is NOT a Permission: The International Driver's License Dilemma

Is this worth anything? Fake is Fake no matter what it says!
from iadc-club.com

I live and practice law right down the road from Cornell University. Every year thousands of new students from countries and places far and wide come to Ithaca, NY to study, research, and teach.
In the first few weeks of each new school term our little NYS DMV office on 3rd street is flooded with young people desiring a NYS license and/or attempting to register a car.

International Driving Permits vs. Foreign Driver's Licenses

First, to make things clear, there is NO such thing as an International Driver's License. There is NO world or recognized and sanctioned global organization that issues an International Driver's License.
There are foreign licenses issued by hundreds of countries.

Second, a international (foreign) license and a international permit are NOT the same thing. They sound so similar, and that is what makes it all so confusing. NYS and most states have a special learner's permit (which does give privileges to drive a car). Even the Cornell website (which guides international students) has it wrong (yes, Virginia even Cornell sometimes gets it wrong).

Obtaining an International Driver's License: We suggest that you obtain a current International Driver's License (also called the International Driving Permit) in your home country, if possible, because it might avoid confusion if the police stop you while driving. 

NOTE: It should state get a foreign license and a foreign permit in your own country.

3 Important FACTS about International Permits and Foreign Licenses in New York State.

1. A Permit is Not a Permission to drive when it is an International Driving Permit.

An International Permit is primarily a TRANSLATION. It translates your foreign license into 10 different (recognized United Nations) languages. This is so when and if the police pull you over, ie. stop your car, they can then read and understand your foreign license. One of the most common police stops (motorist detentions) is for speeding. BTW It is very easy to exceed the Ithaca City speed limits.

Remember: 30 mph is the city limit, school zones are posted at 20 mph (most till 6:00PM), and Ithaca College and CU even have many 10 mph zones. If there is heavy foot traffic on Cornell Campus, slower is always better and safer. You can receive a ticket even if driving below the posted limit if the conditions are dangerous (icy/snowy weather) and your speed is UN-reasonable for those conditions.

2. You should always carry three things when driving in New York State:

Your Foreign Driver's License, Your International Driving Permit, and Your INS document (a valid I 94). The INS document I 94 is to show the date you last lawfully entered the United States. It is also an easy way for nonimmigrants to show evidence of a lawful entry to law enforcement.

3. You can legally drive a car in New York State if you have a valid foreign driver's license.

Increased tension and fear can lead to more tickets
from libertariannews.org

Why The Police Often Get it Wrong

The Police Often Give a ticket for Unlicensed Operator to foreign license holders. Many law enforcement officers (troopers, deputies, and local police) do not understand or know that valid foreign license holders can legally drive in New York state or any state for that matter.

That is WHY I recommend that you carry (possess) all of the above documents at the time of driving anyplace in the United States. Terrorist and home security fears are heightened. These days having more documentation of your legal rights and lawful entry I believe are a good thing.

Legally speaking, all you need to drive in New York is a valid driver's license (from any state or country). BUT Police will mistakenly cite, and violate many international students for VTL 509 (1) Unlicensed Operator even when they produce a valid foreign license. That is why having the translation (International Driving Permit) and the INS  I 94 can maybe can avoid that mistake.

What is VTL 509 (1) Unlicensed Operator?

The New York State charge of Unlicensed Operator is a violation level offense. It is non-criminal. 

What will happen if I ignore a VTL 509 (1) traffic ticket?

An unlicensed operator ticket MUST be addressed and handled. If it is neglected, if you do not show up to Court, if you do not answer the complaint against you, if you do not respond to the ticket THEN your driving privileges in New York will be suspended on our computer system. 

The police, the NY Courts, and the NYS DMV all share the TSLED system. The Traffic Safety Law Enforcement Division System. Driving on a known suspended license (or privilege) is a crime in NYS. That is the criminal misdemeanor called "Aggravated Unlicensed Operation." The aggravating factor is "knowledge" of a suspension (even though you are probably unaware of it). 

What are the differences between Unlicensed Operator and Aggravated Unlicensed Operation?

VTL 509 (1) is punishable by fines, NYS surcharge, and even 15 days in jail. Although, it is highly unlikely that someone would be sent to jail for this offense.

VTL 511 AUO (aggravated unlicensed operation) is a criminal misdemeanor. It is punishable by up to one year in jail.

The final big question????

When MUST you legally exchange your foreign license for a NYS driver's license?

If and when you have the mental INTENT to become a "fixed and permanent" resident of NYS then you should get a NYS license. If you (in your mind) still reside in China, or Germany, or Japan, or Korea and you have no desire (or dream) to re-locate and reside here permanently then you do not have to get a NYS driver's license. 

Finally, Being Practical (can you reconcile practical and college student?)

Now to be practical, for the purposes of renting a car, it may be far easier with a NYS license, for purposes of buying, registering, and insuring a car it may be impossible (or costly) without a NYS license.

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

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 435 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 DWI Attorney Why Can't New York Lawyers Make Promises or Guarantees of a Result?

I love the song Promises Promises (1968) by Dionne Warwick

http://www.youtube.com/watch?v=DpKAnp5Klzw

The lyrics are so true to life:

Oh, promises, their kind of promises, can just destroy a life
Oh, promises, those kind of promises, take all the joy from life
Oh, promises, promises, my kind of promises
Can lead to joy and hope and love
Yes, love!!

I know the title of this blog may be a bit much but I believe it. All of us make promises (commitments) to ourselves and to others. Exchanges of promises between people are the basis of all contracts. Companies offer products and services within the marketplace with many unspoken guarantees (promises) of benefit. In a marriage contract this promise is called a Vow. No matter what you call it: vow, promise, commitment, if we are to fully function as a society of rules, conventions, and laws this is the base where it ALL begins.

My legal practice handles a wide range of matters over a pretty good chuck of territory. I do traffic violations, DWI, and personal injury cases fifty miles in all directions. My home base is Ithaca, NY, So I travel from Cortland to Steuben and from Broome to Seneca counties regularly. I even get out to Yates county but only during the warmer months, forget winter snow and ice at night on isolated, desolate country roads. I may be in transit when you call me. 

Communication is Everything

People call me, text me, fax me, and email me with requests, questions, and challenges.

The either want my representation, want a question answered, or want to argue with me about something I wrote or said or videoed... It can boggle your mind but I put myself out there and I do love to help people but it can wear on you at times when we do not have a meeting of the minds.

Contracts Require a Meeting of the Minds

Two people must be on the same page to have a contract, and form an agreement. If they both have different expectations then there is NO contract. Each side Promises something. It is the basis of all civilization. We all make and hopefully keep the promises that we make. It is a sign of integrity. 

As Dionne sings so well, Promises can lead to joy, hope, and love. Now think what is the opposite of broken promises? Commitments made, and then not kept feel terrible.

Engaging or Not Engaging a Lawyer to Represent You

Recently I had a Canadian driver contact me about a speeding ticket. I spoke with him, told him what I could do, what I would charge, and what he could expect.

I discussed ranges, fines, possible/reasonable outcomes, process, and my fees for this.

Then a flurry of 10 emails, all challenging me, how things work, and fantasy notions of Law and Order,

He then left me a message, you are fighting for me in Court tomorrow, right?

My response:

We do not have an agreement, we have been going back and forth via email,

you have certain notions about the process, ie. whether the police are showing up or not,

( I did a recent blog about this here: http://ithacadwi.blogspot.com/2012/06/if-cop-is-no-show-is-speeding-ticket.html  )

 and how your case will be dismissed because of that,

I believe that you have certain expectations that I can not promise to meet,

legally and ethically I cannot guarantee any result or outcome,

we have discussed this matter, I have given you the ranges and the potential

outcomes, I have told you what I can do and cannot do,

I can only promise to do my best nothing more than that, when you are ready to accept that

and have confidence in that then I will prepare a contract.

 You will sign it, return it, and then I will do my best to represent you 

and your interests

Promising A Specific Result

The Key concepts above are "that YOU CAN ACCEPT and HAVE CONFIDENCE IN" because if you do not have that with any professional you are doing business with then run away. Seriously, if you cannot accept what they say (promised) with confidence (this means with faith) then you should not engage them.

No lawyer can promise a certain result or a certain outcome. We can offer to do our best and nothing more. I ONLY promise that to my clients, I guarantee that I will care about them and achieve the best results based upon their unique set of circumstances.

 Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com