Practical ideas, and information about defending New York DWI, criminal charges, and traffic violations. Winning strategies from an Ithaca DWI lawyer's vantage point.
Ithaca College and Cornell University students come from many other states and even countries. For a little perspective, Cornell's class of 2019 has representatives from 79 different countries. Coming to New York State with an international driver's license or a license from another state is no problem or is it? It depends, is the most common attorney answer.
What if you make NYS your residence, buy and register a car BUT do not apply for a New York driver's license? What if you get a New York State driver's license but fail to keep updating your address?
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?
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.
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