New York DMV App to Help Prevent DWI (Have a Plan)

"Have a Plan" APP is more than Just that
from NYS STOP DWI.org

The New York State DMV has launched a new, and free phone app called "Have a Plan." First, it's a great idea, one whose time has most definitely come. Second, the Have a Plan section of the app is only your self-made list of contact names and numbers. This app is far, far more than just that one section.

The App has eight sections:

1. Have a Plan (your list of names and numbers/family and friends plan)
2. Don't drive get a ride (local taxi or car service via GPS search)
3. Impairment Estimator: punch in bodyweight, gender, # of drinks, hours drinking = BAC
4. Test your skills: many silly mind games using your phone to test your mental impairment
5. DWI facts and myths
6. Report a DWI: basically it states CALL 911
7. STOP-DWI Social Media: like us on FB, follow us on twitter, find us on vimeo, check us out on YouTube
8. In the news: current DWI and DWI related news

Things I didn't like:

The impairment estimator tells you don't even drive after one drink. In their minds impaired driving begins at ONE. Second, the impairment estimator does not differentiate between men and women. There is a big difference in how alcohol affects BACs in men and women. To state they are equal is completely wrong.

See my recent blog post, and video comparing and explaining high BAC women DWIs and why here:

http://ithacadwi.blogspot.com/2014/08/why-do-women-get-high-bac-dwis.html

The meatiest section by far is the DWI facts and myths. It is for the most part accurate except .06 BAC is a legal presumption of impairment in NYS not .05 BAC.

DO YOU?
from insleyconsulting.com

BE Prepared / BE Proactive

I've discussed the concept of being proactive and prepared before going out numerous times in my blog.  In fact, it is what I preach (to the dismay of my kids and their friends) at home to my four kids. BTW if you want to download the app, just type "have a plan," using the search terms: DMV or New York or DWI will prove absolutely fruitless and frustrating.

The DMV app helps in a few ways: 

By your GPS location to find local car service/taxi.
Stored phone numbers of people who can come get you.
BAC (blood alcohol concentration) estimates based on number and types of drinks.

I tell them have two things in advance of going anyplace: money for a cab and numbers of taxi companies. If they can get a lift and not drive even better. Don't place yourself in a bad position is the true KEY.

YOU can't make a good plan, a good decision, a good anything late at night or early in the morning AND under the influence of anything (well maybe if it's just adderall and caffeine).

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

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 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. 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

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

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

Ithaca DWI Lawyer Playing the DWI Game

I believe life is a game. In fact, I also believe that marriage is a game, thriving in any long term relationship is a game, college is a game, professional practice is a game. To succeed at just about anything we need to :

1. Understand the Rules
2. Understand the Players
3. Understand the Game

The Game of Chess 

You always have choices. You always have decisions to make. Some big and some small. My father taught me how to play chess. Understanding chess, understanding the dynamics of that game I believe can help people in all life areas.

In chess, we have to stay moves ahead (predict future behavior), we have to sometimes sacrifice in the short term in order to win in the long haul, we have to maximize our positions, we have to understand our weakness. The best chess players see the game from a bigger vantage point. They don't get lost in the trivial, they see the bigger picture and larger goal. In other words, choose your battles, to ultimately win the war.

I meet people (mostly men) all the time that want to opt out of the relationship game. They are usually divorced, or alone, or in many short term interactions. They ask: Why should I have to tell her how nice she looks? Why do I have to give her cards expressing my feelings? Why should I have to get to know her? Who cares what she likes or enjoys or values? Yeah, they don't get or refuse to get the GAME! My sister taught me, a woman can't hear enough how beautiful she still is and continues to be day after day. I'm what you call a "learner." I listen and learn.

The Game of Relationships

You are learning as much if not more about social interaction in school (college/university) as you are about any other given subject. There are those who don't care how they play with others. They don't see or seem to want to know how what they do and say or a face they express can make them not only unlikeable but a pariah to those around them.

Learning how others tick, what is important to them, what they care about and for is called "caring."
The one who meets those values, supports and challenges those values, will be sought out. This is sometimes referred to as "love." Being loved is being valued for who YOU are!

The DWI Game: Win-Win-Win or Lose-Lose-Lose

So what does all this talk of chess and love and relationships have to do with New York DWI defense?

Great question, Criminal defense is a game, that is why we have the captions:

People of the State of New York

versus

John Doe

Every player in the game wants something from someone. The Judge acts as referee, and rule giver, and rule explainer. Sometimes we will bring in a group of people called a jury to decide on the best version of the facts (the story).

Prosecution: Idealized goal = justice (protection of society, citizens, community)
Judge: Idealized goal = fairness of process (constitutional rights assured, due process rules)
Defendant: (citizen accused) = exoneration to fairness to appropriate sanctions
Jury: Idealized goal = fact finder, purifier, truth seeker, decider of legal guilt or legal innocence

Legal Guilt or Legal Innocence is rather different from true guilt or true innocence

The legal game has to follow evidentiary rules, timing, forms, processes, instructions, and burdens of proof. 

The civil legal game, is different than the criminal legal game, is different from the administrative legal game.

Bottom line, get someone to help you play the game who knows the game.

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

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


Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Ithaca Attorney How to Pick the Right Lawyer: Of Catalytic Converters and Sons and Daughters

I am at that point in my life (50), settled (or saddled) with routines and with children in college. We have four kids, 22, 20, 17, and 15, two and two I like to say. One about to graduate in April, and then another set to go off this June.

When I get a phone call unfortunately it not, "hi dad how are you?" More like, "I got a problem," this is what is going on, can you help me NOW! We love our kids, don't always like them but love them yes.

Just last week, right before heading back out to night court I got a call from my son. Issues with his car. Sputtering and running dangerously. He was pretty freaked out.

Take a Deep Breath Fathers and Mothers

First thing always, calm down, you gotta get it checked out. Get the problem diagnosed. He was talking and coming from a place of "desperation." Saying "I Gotta do this" or "I have to do that" language confuses the brain. This is why I don't like any professionals using fear to manipulate people. People are already in fear and uncertainty with their problems, why add to it?


FIRST RULE: Never (EVER) act from a desperate (have to) place. 

Desperate acts are not well thought through. Desperate is acting from fear. Desperate is hopeless.  


SECOND RULE: Follow an organized plan of action:

1. Discover (uncover) the issue or issues (causes). What are you facing? You can't deal with unknowns. 

First problem for me (as the Dad), he was over a thousand miles away. I know mechanics I can trust locally. His car needed to be checked by someone trustworthy in his area. First, he brought the car to a guy his friend knows. Puts me on the phone, the guy tells me it needs a catalytic converter and oxygen sensors ,,, "how much?" $1,250.00.

Does it Feel Right? Does it Sound Right? Intuition plus knowledge = WISDOM

The guy just doesn't sound right on multiple levels. He doesn't break anything down, doesn't explain much, doesn't go over options, and almost seems bothered by me questioning him. Ah, the value of good communication.

2. Go online. Do some research. Investigate. Reviews. Background.


I went online, the catalytic converter for his car cost about $90 to $130 retail. Then I phone a mechanic friend, he tells me these converters don't usually get replaced. Knowing the answers is not as important as knowing what to ask,and who to ask.  Always seek to ask the right questions of the right people.

3. Find a professional. One that can evaluate the problem, explain the problem, and provide a solution (s). 


How do you find a good mechanic in Ft. Myers, Florida or anyplace else for that matter?

I called local parts stores, and asked them for someone reputable. I called two Advanced Auto Parts stores, and they gave me the names of two local mechanics. My son got the car re-checked, bottom line, car gets fixed appropriately for $350.

I would have had no issue if the car needed a transmission, converter, engine, or whatever. I only wanted the issues addressed quickly and properly.

Been there Done that!

I have hired a great many professionals over the years. I didn't always have the resource of the internet because it did not exist. Hell, I graduated college before computers, can you say "DEWEY Decimal." I have been through mechanics who have had me come back over and over. They fixed and replaced just about everything under the hood, and still my car was overheating.

KEY TAKEAWAY: VET People

Whether it is a mechanic, a doctor, a lawyer, or anyone else people should be checked out before you hire them. As my son learned this past week not everyone is looking out for you, not everyone is going to give you a fair shake, and not everyone is going to be honest.

see my blog post on the how to here:

Ithaca Lawyer Why You Should Vet Your Next Doctor, Lawyer, CPA, Plumber, etc.

http://ithacadwi.blogspot.com/2013/07/why-you-should-vet-your-next.html

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
http://www.ithacainjurylawyer.com

Ithaca DWI Lawyer Revisits New York Ignition Interlock Law

Well it has been awhile since my last post, and so much has gone on...where should I begin??

First in January I attended The Trial Lawyers College Regional Seminar on discovering the story of your case in Monterey, CA. It was a nice break to go to California in January considering that Ithaca was either below zero with wind chills or flush with some snow, I welcomed the break and more importantly a chance to rub shoulders and minds with Gerry Spence (one of the country's best trial lawyers) and others from around the country.

Now to the topic for today, the NEW mandatory New York DWI IID (Ignition Interlock Device) Law will become effective for all DWI offenses (ADWI (aggravated) VTL 1192 (1) (a), DWI common law VTL 1192 (3), and DWI per se VTL 1192 (2)) on August 15, 2010.

It will be mandatory for sentences with CDs (conditional discharges) as well as sentences involving terms of probation.

It will be mandatory for at least a six (6) month term. This shall include installation and maintenance of the device on any and all vehicles owned or operated. NOTE: Even if you do not operate that vehicle and are merely an owner it still must have an IID installed and maintained on it or title must be transferred.

If you drive a company car it does NOT have to have the IID, but

1. The company (employer) must be notified of your license revocation;

2. The company (employer) must provide a letter to the Court and to Probation which states they have given you permission to operate that vehicle.

The majority of companies (employers) will likely fire an employee (who has to drive a company car) rather than face the risk of future liability. It is unlikely that their (the company's) auto insurance carrier would understand and/or cover for any employees having to have an IID on their personal vehicles but being allowed by their employers to drive the company car.

New laws, new rules, new applications in the ever changing landscape of New York DWI charges.

Navigating The Ithaca DWI Twilight Zone

I love these old shows, a great story well told is never old
from  screenrant.com

I am a big fan of the old twilight zone so I was excited to see a new version of the series on TV the other day. The old series with Rod Serling (Rod used to teach at Ithaca College and his remains are in Interlaken) was well written and made you think. I love the idea or concept of context, whether taking things out of context or having a juxtaposition of events, in other words I do like clever surprises.

Rod Serling would be the narrator/interpreter/guide to this place of confusion. Much like the world of DWI confusion. I guess I'm kinda like Rod in that way. The series would teach lessons about life and judging things too quickly. Good was bad and bad was good depending upon your frame of reference. As Rod used to say, "there's the signpost up ahead, the next stop the twilight zone."

The Land of DWI Confusion

Much like those poor unfortunate people moving through confusing patterns on TV's twilight zone, I often tell my clients that they can only see their case (their DWI)in a vacuum. I have an advantage (much like Rod) because over the years I have seen a large spectrum of DWI cases. I have taken many people on the DWI journey, from beginning to end, and as a result of this I can give them a bigger picture. I can view and compare their police report, their driving pattern, and their behavior pattern in relation to current standards for probable cause and current legal standards for intoxication and impairment. I say "current" because the law is dynamic. It is not set in stone. Cases are challenging the boundaries of law in New York as well as other jurisdictions. What is true today may not be true next year or next week.

Seeking Dry Ground: Uncovering The Certainties

One thing is always a certainty, within the array of facts are the good facts, the bad facts, and the ugly facts. I can often live with (work with) the good and the bad facts. For instance, you exited your car with no problems, understood directions, handed over your driver's license and not your credit card, or you failed to use your turn signal, or you were speeding. It's those ugly facts that get me, you fell down and couldn't get back up, or you confessed your guilt, and then wrote it down and signed it (yes, police can sometimes get people to do this).

Some cases clearly fall into the more good than ugly fact category, some clearly fall into the bad and ugly fact category, but the vast majority fall into the twilight zone. It is not purely black, not purely white, but a hazy gray. It is within this area that a DWI defense attorney must look at the details carefully. Strengths and weaknesses sometimes grow from the same vine (fact pattern).

Potential DWI Scenarios: The Possible and Probable Outcomes

As a DWI defense lawyer I recognize that my clients do not appreciate surprises so I try hard to prepare them for all potential scenarios. The problem is that No one (yes, no one I know) can completely predict the future or within the DWI arena, how a jury will judge a case, which is really a set a facts viewed through specific perspectives and filters. Any attorney or other professional guaranteeing a specific result should be avoided. My big disclaimer, I make no guarantees of outcomes, it is impossible, other than I will do my best.

BUT that said, when you work within a certain specific area long enough and hard enough you can predict outcomes with a higher degree of accuracy. You know and understand the possibilities and probabilities. Much like other professionals who buy and sell properties, stocks, and bonds. These calculated and weighted opinions while not always correct, are enough to make important decisions by and through.

I like to tell people you can be your own doctor (self diagnose and treat), you can be your own CPA (calculate and assess your own taxes), and even your own lawyer (although most judges will usually not allow this with those facing criminal charges without substantial proof of your education, ability, experience, and background) but you will usually have a much better outcome with someone who knows what they are doing and does it professionally. I have seen people as a doctor misdiagnose their conditions and hurt themselves through using improper treatment. I have also seen people as an attorney who ask their friends and family for legal advice. It can get ugly watching them squirm in Court. As the saying goes, those that act as their own lawyer have a fool for a client. The smartest lawyers do not try to be their own lawyer.

The Legal Cost Benefit Analysis: Detriment vs. Benefit

A good lawyer will do a cost benefit analysis that takes into consideration the client's goals, their current positions, and their tolerances. Options are the most important part of my discussion with clients, and viewing those options while taking into account the totality of "their" situation. Answers are not always simple or easy, and that is why having someone on your side with a larger (big picture) overview can often make the difference between being stuck in the DWI twilight zone or moving past it.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

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 550 blog posts, dozens of articles, and over 520 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