Ithaca DWI Lawyer: Why Judges, Prosecutors, and the Defense Must Protect DWI Due Process

Many People Need Help

A recent DUI case out of Nebraska firmly illustrates some of the problems we still are facing in our courts today. Imagine if you will a woman brought before the court on a DUI probation violation. But she has to be barreled in on a wheelchair stinking drunk. Later to register a .44 BAC, remember .08 is legal intoxication. Is it fair ask her to plead guilty on a first appearance? Is it right to negate her right to decide to plea voluntarily, intelligently, and willfully? Is it fair to provide her ineffective counsel (one who will NOT advocate on her behalf)?

Ithaca DWI Lawyer: Should Bullying Lead to a Murder Charge?

The "Show Me" State is in
The Spotlight Once Again

You know sometimes you read stuff and you get mad. Well at least I do, I hate what I perceive as an injustice or an unfairness. Unfortunately, there is much of that in the world or as Gerry Spence loves to joke there is NO justice, there is Just Us!

For those of you who don't know the legacy of Mr. Spence, he is a legendary trial lawyer and advocate for people. I feel honored to have been at his college in Wyoming (the Trial Lawyers College), and to have had his mentoring. I think Gerry would hate what is going on today in Missouri.

A boy was bullied, at his school and at his work, the local DQ (Dairy Queen). He committed suicide by shooting himself in the head. The coroner demanded an Inquest, kinda like a Grand Jury but only 6 in Missouri to determine the cause. Apparently this "court" found that the primary cause of the suicide was the manager from Dairy Queen.

Now the District Attorney has charged the DQ manager (all of 21) with the criminal felony of Involuntary Manslaughter, which is like being charged with MURDER for Bullying. Now we don't or no one truly knows how many people have bullied this kid in his lifetime, or what degree each instance of bullying played in his decision to finally take his own life. It is a tragedy but I think to pin it one particular person or event is guessing at best.

I question the logic and reasoning behind bringing a murder charge under these particular circumstances. I question the fairness of all of this, but I'm starting to understand the larger purpose.

Ithaca DWI Lawyer: DWI and My Client's Ithaca Jail Experience

Our local jail on a cold Ithaca winter morning!

In this blog post, I will give my little jail overview, and then an inside look from one of my clients who was nice enough to write it for me. I recently took a 2 hour plus jail tour but my client's insights below are a wonderful resource for those people having a short jail term to deal with.

Ithaca DWI Lawyer: New York DWI Arrest, Criminal Charges, and Your Teaching Certification

NOTICE LETTER TO TEACHERS
FROM NEW YORK STATE DEPARTMENT OF EDUCATION

Teachers must beware following a DWI arrest or any criminal charges for that matter. There are always collateral affects from a DWI, and placing your certificate to teach in jeopardy is one of them.

What happens to a Teacher after an arrest in NYS?

Ithaca DWI Lawyer: Can You Keep Your Handguns (pistol permits) with New York DWI Charges?

A HAND IN YOUR GUNS letter

Sometimes people are surprised at the number, and the type of collateral effects that come of any New York criminal DWI charge. How it affects so many seemingly unrelated things like say your pistol permit is often a shock.

Read it and weep, You have a NATURAL God Given Right
from ammoheads.com

Is Your constitutional right to bear (hand) arms is in jeopardy following your DWI arrest?

Ithaca DWI Lawyer: Can a Prior Out-of-State DUI Affect Your New York State DWI?

Our Little Ithaca Bridge: South Hill to Downtown

If you have a prior out-of-state DWI then you will potentially have greater issues with your current New York State DWI case.

So Many Acronyms of DWI

Remember if you have an (OWI) Operating While Intoxicated charge or a (DWI) Driving While Intoxicated charge or a (OUI) Operating Under the Influence charge or a (DUI) Driving Under the Influence charge they will all be the same back in New York State for both purposes of licensure as well as potential enhancement.

Can ANY Prior DUI Be Used Against YOU?

Ithaca DWI Defense: What I Learned from the Cornell Tree

Magnificent tree roots at Cornell Plantations

Tree sculpture at Cornell Plantations

I love trees. You knew I had to be a bit quirky practicing in Ithaca, NY. This is a place where you can really observe nature going through it's paces. They go through the seasons up here, and adapt to change. The harshness of our Ithaca winter conditions only strengthens them for the future. I think we can learn from the trees, especially the old ones who have endured and grown strong over long periods of time. Defense is ultimately more than law, more than facts, and more than words on paper.

Why are trees so strong?

In a word, resilience. They can adapt, they are flexible, and that is why their bending is not defeat. Within every criminal case a person accused of a crime or crimes must also be willing, be willing to adapt to change, be willing to endure, and be willing sometimes to go the distance. Part of your attorney 's role as counsel is to assist and support that adaptation. Survivors Adapt!

In every DWI case we must be able to deal with loss of license privileges or lessened privileges.

In every DWI chemical refusal case this loss of license may stretch for many months while our criminal case is unresolved.

In every DWI case we will have things to do and deadlines to meet for the court, the judge, and the prosecutor. Lessening consequences begins here. Finding certainty step by step leads to the best outcome. Meeting these goal markers, or better exceeding them is where success meets opportunity.

Many Hands Make Light Work

Trees have strong foundations made up of many branches all working in unison to provide support.
Bending our schedules, our routines, and leaning on others may not be what we want to do but it may be what we need to do. Family and friends play a role in our getting over and past this point in our lives. You truly discover who will be there for you in times like these. In my practice I have seen friendships and marriages end over a DWI, and I have also witnessed friendships and marriages strengthened over a DWI.

I believe that people much like trees can endure, can overcome, can learn, can adapt, and can emerge stronger from harsh conditions and situations. So I'll leave with with a favorite quote for it embodies my personal philosophy, and has helped me through hard times.

"That which does not kill us, makes us stronger" 

                                                 Friedrich Nietzsche

Always remember to 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 DWI Lawyer "As I Thinketh About Time"

I Love My Star Trek Shirt
Lawrence A. Newman

Today is the day of my birth and as always a real time to reflect. To reflect upon the year and the years that have passed. I am at that stage where knowing who I am and what I am about becomes ever clearer.

Personal versus Impersonal: Challenged by Youth and the New School

I recently went to a legal seminar where a young lawyer who is extremely successful (multiple businesses) challenged me and my practice. Not a bad man, or a stupid man, just one with an assembly line mentality. His thinking centered on the bottom line, delegating everything, being detached from those he serves, ala the four hour work week, and with hundreds of employees he is achieving what to most may be "The Dream."

But it would not be my dream. 

I am living my dream. I chose Ithaca, New York for that very reason. Having a legal practice where people pay me to help them personally, and with care means a lot to me. Their entrustment and belief is something I try not to take for granted. We have gained and lost much with technology. It is all too easy to lose ourselves and our humanity in the process. Is it all just a numbers game?

"Not everything that can be counted counts, 

and not everything that counts can be counted." 

                                                                                                                  - Albert Einstein

Time is not always what it seems , , ,

Ithaca Police: Were You Really Arrested and Does it Matter?

I get all kinds of phone calls. This guy called yesterday. He was stopped for a traffic violation, then admitted to drinking, and then was tested at roadside (field sobriety tests). This is where it gets interesting, he said the police told him he was not under arrest

BUT they handcuffed him. They told him he was not under arrest
BUT they placed him in custody. They told him he was not under arrest.
BUT they fingerprinted him. They told him he was not under arrest
AND that this was just PROCEDURE, and then they breath (chemical) tested him at the police station.
AND they gave him DWI tickets (charges) and released him.

Cuffed, Held, and Taken into Custody = ARREST

So First, was he arrested by the police for a DWI?

The Ithaca Lawyer Decision Making Tree

Most of what we do day in and day out is make decisions. What to wear, what to eat, what to study, what to watch, etc. etc. It goes on and on, but the most important decisions we make occur rarely. BUT these may be the life changers.

Arrested, Charged, and Now Alleged to Have Committed...

When you are faced with criminal or even non-criminal charges your brain does not work as well as you would like. The clear objectivity of your logic and reasoning may be skewed under an ocean of emotion. Guilt, humiliation, and embarrassment are not a great base to draw from. That is why lawyers as counselors of law are often a good starting point to at least discuss viable options.
Whether it is a traffic offense or a DWI or a drug charge you need information to make the best decisions. You need correct and current CONTENT (information) which may come from the internet but more importantly YOU need CONTEXT.

Question Number One: So Do You Need a Lawyer?

Need is such a horrible word, being needy is not empowering. I would first ask when do you want or desire a lawyer consultation? You want to talk to a lawyer when you have been charged with any offense. Some people mistakenly believe that only criminal charges can be threatening or dangerous or have bad consequences. This is not true. Depending upon your situation, your job, your future endeavors, your status, your prior history, your licensure, your certification, even seemingly unrelated and innocuous charges can hurt you directly and even indirectly.

Question Number Two: So When Do You Need a Lawyer?

No sooner time then the present. Waiting in these circumstances places you at a disadvantage. Could things be done proactively? In many cases, being proactive requires a window of time in which to make effort.

Question Number Three: For What Do I Need a Lawyer?

What am I facing?

For the majority of people a short consult of less than 15 minutes will allay their biggest fears and concerns. What am I looking at? With the emphasis on "I." You are not your neighbor or your closest friend or the guy down the hall. How this may impact you is probably foremost in your mind and needs to be dealt with first. I call it your EXPOSURE. What are you being exposed to?

Exposure can be jail, prison, probation, fines, classes, treatment, loss of driver's license, loss of pistol permit, loss of work, loss of professional license, and the list goes on.

Always remember to 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

30th Anniversary for New York State's Seatbelt Law

Hypocrisy, I love it!

You know one of the things I love about NYS is it is progressive. In 1908 henry Ford made driving affordable to everyone as long as you liked a black car. The Model T was a bargain at $260. Soon thereafter America and Americans went to the road in droves. The great American love affair, yours truly included would soon follow. Because of the proliferation of motor cars, and then developing mega-highways the number of accidents also went on the rise.

New York State Passed the First Intoxication While Driving Law

We were the first state with a drunk driving law. In 1910, after countless numbers of people were killed or worse, maimed by unfit drivers NYS passed the first DWI laws. It loosely defined "intoxicated" as being unable to drive. We have come a long way in some respects.

New York State Passed the First Seatbelt Law 

In 1984, NYS passed the first mandatory seatbelt law. Thirty years ago after it passed the legislature they gave people 30 days to get used to the idea of having a belt around them, and their children. Before that time kids used to fly about in cars. I remember once going out the back door of my mother's friends cars on a sharp turn. I was too young to make a big deal of it, I don't think I was hurt, and she never mentioned it to anyone.

It was fun to be in the back of a station wagon, lots of freedom to play, and move about. Safe? I don't think so but neither was the cigarette smoke filling the air. Yeah, they didn't know that second hand smoke affected anyone, the glorious denial of the times.

Seatbelts are NOT just for Adults

Thirty years seems like yesterday before cell phones, internet, social media, and bluetooth devices. The real issue with seatbelt laws in New York is not so much against drivers or their adult passengers.

The real issue is and has been CHILDREN in seat belts. I have four kids, although they are not kids anymore, they are now young adults. They no longer squirm out of their seat belts and they don't usually take them off to get comfortable on longer trips, BUT they did. All the time, kids take off their seat belts to play, to sleep, and to just get comfy. Hard to relax or hours on end with a belt around you.

Parents are Punished for the Sins of their CHILDREN

If it wasn't enough to deal with car sick kids. Believe me, I have cleaned up my fair share of vomit, New York will punish you even if you are NOT to Blame or at Fault or even knew about your kids being unbuckled. The bottom line: Kids cost. They are worth it but it can be painful at times.

Typical situation is a parent driving through NYS on Route 17/86 or Route 390. Passing through mostly farm land, Steuben County, Chemung County, Tioga County, wide expanses of road with nothing much to see or do. They are either going up to Canada or Niagara Falls or Buffalo or just passing through and this long trip is boring and painful to their little children.

The children are squirming and complaining. Their seat belts may or may not be fully engaged or on. Then mom or dad gets pulled over for speeding. This is common and happens every day. The troopers look in the back of the min van or car and see kids improperly belted or unbelted.
This is coded by the troopers (I say trooper because their are numerous barracks along 17/86) as
New York VTL 1229 (c) failure to use a seatbelt on passenger under age 4 or age 16.

VTL 1229 (c) (1) NO Child Restraint Under Age 4         3 POINTS
VTL 1229 (c) (2) NO Seat Belt Under Age 16                  3 POINTS

Who is to blame? Not the kids, the parents are guilty and each seatbelt violation is potentially three (3) points upon their driving record. If that was not bad enough PLUS NYS court surcharges PLUS potential insurance rate increases PLUS if a total of six (6) or more points a

THREE YEAR driver responsibility (more like irresponsibility) SURCHARGE of $100 per year for three years plus $50 for every year for very point over six points. Example: Eight (8) Points =
$200 per year for three years.

Always remember to 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

When does a Bad Driving Record Become Good?

Driving Histories Can Stay With You
Longer Than Criminal Records

I was recently asked by a person with a DWI (less than 2 years ago) what should they should answer on an employment application if they are asked?"

"Do You have a Good Driving Record?"

My answer: I think it would depend upon the job and duties. If it were a job that involved driving, then my answer might be never. The DWI/DUI/OUI is going to be there on a background check for a long time. In NYS it would be there on your lifetime DMV history for your lifetime. In other states like PA, it's at least 10 years, and even then with a little digging or the government it wouldn't be hard to find it.

Why, possibly NEVER?

An employer is concerned about their insurance costs overall. The cost of getting you insured under a corporate auto/truck policy may be ridiculous. If someone had merely speeding tickets and/or other moving violations then these would be more time dependent (how long ago), and age dependent (how old were you then, how old are you now). Things that happened when you were in your teens or early twenties may be forgiven by the time you reach your thirties.

NYS Plea Bargain Look Back Periods

For plea bargain purposes on new tickets and/or moving violations the usual prosecutorial (District Attorney) look back period is 18 months. The NYS DMV holds stuff against you on points and/or speeds for 18 months as well. BUT caution thinking you are safe after 18 months because with more serious traffic offenses accumulated over time, this 18 month look back may not even matter.

Serious Traffic Infractions

Speeds of 15mph or more
Reckless Driving
Unsafe Lane Change
Following Too Closely
License Suspensions and Revocations

What About Cleaning Your driving Record in States with Youthful Offender Status (NYS), ARD (PA), Expungement (PA), and Sealing of DUI/DWI/OUI Records?

NYS has special YO (youthful offender) status for crimes committed before the age of 19. DWI criminal convictions are vacated, and closed for public scrutiny BUT your DMV license history will still show the DWI.

PA has ARD (accelerated rehabilitative disposition) which will get rid of a first DUI criminal conviction and expunge it from your criminal history BUT your PA DOT license history will still show the DUI for 10 years.

Administrative Histories and Punishments Will Linger for a Long Time

Remember that even in states that clean up criminal court histories, and records your driving history is another story. License records and histories will always reveal Administrative sanctions. With national internet databases these records will reveal past license suspensions, license revocations, and actions.

As they say, "time heals all wounds." 

Always remember to 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

Ignorance of the Law is NOT a Legal Defense

"Where Ignorance is Bliss,

'tis folly to be wise."

                                           From a Poem by Thomas Grey

I get phone calls, emails, and texts daily asking the same question over and over, what if I didn't know that was the law? In my state it's ok to.  I didn't know that in New York State:

1. It's illegal to use my portable GPS, iPod, etc. while driving, I thought it was just phone calls?
2. It's illegal to not change lanes when I saw an emergency vehicle or police car pulled to the right?
3. It's illegal to use my medical marijuana (for which I have a card in NJ/CA) in New York State?

Upon the entry points to many states there are signs posted concerning their move over laws and their phone/electronic device law, but are they always apparent and easy to see?

Ignorance of the Law is Not an Excuse or a Valid Legal Defense

We are held to all the rules and laws of whatever jurisdiction (state/country/province) we find ourselves in or visiting. Here's another recent example:

One of my neighbors placed a package by the building mail boxes:

Does he have to be told by the Postal Service
You can't do this!

The US postal rule as posted on a local mailbox,
does his box weigh over 13 ounces, you betcha!

Rules and Laws of Wherever You Are are Important to KNOW

My neighbor won't be arrested for this but his package ain't going to move very far. Does he have to learn the postal rules and laws? How many of our rules are common sense and how many are open for interpretation? 

In GA and Ohio you can't ride a bicycle high or impaired or intoxicated? You can in NYS. In PA you can't ride a horse or horse drawn carriage high or impaired or intoxicated? You can in NYS. 

Who knows any of this stuff? In Colorado many now know that marijuana is legal both recreationally and medically. But although smoking and possession are legal you Can NOT legally smoke in public areas.

Always remember to 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

How Many Times Must YOU Appear for a NY Traffic Violation?

"New" Vehicle and Traffic Law section 1806 is NOW five years old 

Having to physically show up to court over and over sucks. It sucks for regular (lay) people, and it also sucks for their attorneys. It is a true time waster in every sense of the word. What could be handled or settled or negotiated or resolved in less time and less effort and less money drags on and on. WHY?

Form Over Substance

Why after all are new laws proposed, and then passed by our legislators? New laws are aimed at helping all of us but without common sense in their substance they end up making things worse.

I recently had a Court demand my physical appearance on a ticket case. To demand that an attorney physically appear to resolve a rather simple traffic violation with no aggravating factors is frustrating. This is especially true when it is a 7:00 PM Court in the middle of nowhere. Is it any wonder that my next Court date in this Court is also scheduled 3 months away because the Court is so backed up with tickets. This costs everyone more, not good, certainly not justice or fairness for people by any stretch of the imagination.

The NOT so NEW New York VTL Law Section 1806

In 2009, the New York State legislature changed traffic tickets throughout the state to an almost mandatory three stage process:

1. Initial (first) appearance
2. Pre-trial conference (discussion/negotiation of matter with judge and DA or ADA)
3. Trial (police show up ready to go)

In the real world, tickets, violations get negotiated with prosecutors daily via phone, fax, email, and mail. Most offers on these types of matters are then approved by the judge. Most ADAs don't give plea offers that won't be approved by their respective judges.

If you look to the picture above you see one of the Courts using and almost with a certain glee flouting Section 1806 as a mandate to physically appear. They might be using it as an excuse for whatever reason. In many places we can still handle these tickets (violations) within a two stage process or even a one stage process IF we have all the necessary paperwork and documentation prepared in advance.

IMHO With or without new law common sense must prevail because without it we are all going to be spinning our wheels and going nowhere fast.

Always remember to 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

What are the Four Things the Police Can Do to a Lawfully Stopped Car?

Lawful Police stops are usually for either an equipment violation or a moving violation. Once that occurs,

The police can do the following after the lawful stop of a car:

1. Shine a light into the interior of the vehicle, But they may not break the window line or go into the car.
People v. Cruz, 34 NY2d 362

2. They can open any and all doors of the vehicle.
People v. David, 56 NY2d 698

3. They can order the driver to get out or to stay put.
People v. Robinson, 74 NY2d 773

4. They can request information: license, registration, and insurance.
People v. Banks, 85 NY2d 558

Any intrusion that goes beyond that requires justification and reasons. Usually this will be the sight of drugs, the sight of weapons, or the smell of marijuana. Once any of those things occur then the passenger and the driver can be legally subject to more invasive search (frisk), and seizure (longer detention).

Always remember to 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

What's the # 1 Reason That Prosecutors Dismiss Criminal Cases?

"It's Elementary Dear Watson"

Sherlock Holmes

If I was Sherlock speaking on criminal cases, I would say to you, "It's Evidentiary Dear Friend."

Criminal Cases Live or Die, Rise or Fall Based on Evidence

For evidence is the main reason that cases get dismissed. Lack of evidence, weaknesses in the evidence, no evidence, and/or suppressed evidence. Criminal cases succeed or fail based upon the evidence. Can it (the evidence) get into a trial? Is it (the evidence) reliable? Is it (the evidence) accurate? Is it (the evidence) biased?

Defense Attorneys Challenge Evidence

Challenges can take the form of motions, hearings, and ultimately trials. Witnesses get confronted and cross examined under oath. If the prosecution's case can be weakened then a reduction of the charges or a dismissal of the charges can become a reality.

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

Understanding DWAI Blood Results for Marijuana/Cannabis/Pot/THC

This is a common story. Car gets pulled over for speeding or erratic driving. Sometimes the car is stopped for a too long a time at a stop sign AND as the joke goes, waiting for it to turn green. Anyway, the police stop the car, window comes down and whew, the odor, the smell of weed permeates the air. Or the driver says, "I'm high as f...k."

I don't need to make shit up anymore. So many crazy stories of drugs, cars, parties, people, and events too vague or hazy to fully remember. The criminal charge of DWAI drugs NYS VTL 1192 (4) in this and many cases due to marijuana, the drug THC.

THC is Active as Delta-9

Tetrahydrocannibinol begins as Delta- 9 THC as the active substance in the blood. The blood stream after smoking and/or ingesting rises to it's peak of 100 to 200 or more nanograms. In Colorado only 5 nano grams in the blood is "per se" impairment. It falls from the hundreds to single digits after 3 or so hours.

THC Breaks Down Into Metabolites 

THC first breaks down into hydroxy THC. This still has effects upon the body and the mind for many hours after the initial active substance has dissipated. In the ensuing hours, days, weeks we then have carboxy THC.

THE Bottom Line On Blood Tests for DWAI Drugs (THC)

If the DA's blood results do not show ACTIVE DELTA 9 THC then they have a weak case of DWAI drugs UNLESS they have found drugs on your person, or have performed a DRE (drug recognition evaluation).

Always remember to 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

A DWI Refusal has Dual License Action in New York

DUAL-ACTION Can be powerful
If Only it would work on getting rid of other s... tuff

A recent question or questions about the confusion of NYS DWI refusal license actions:

I finished reading your advice on how to beat the DWI case in NY but I still have a question. 

What happens if my case gets dismissed at the refusal hearing. 
Is my license still going to be suspended for one year? I have 2 hearings, one a refusal and the other a DWI hearing. 
How does it work and what outcome do I need to retrieve my license immediately? 

Wow, when I first got this I thought no way I'm tackling this one at 7am but the expresso is kicking in, so here goes:

RE-fusals have TWO License Actions

It is a bit more complicated license wise with a refusal case because in actuality there are in fact TWO separate and distinct actions against driving privileges (driver's license):

1. The Refusal itself creates the first license action

2. The Criminal Case creates the second license action

The TWO Actions Can Run Consecutive or Concurrent to Each Other

Even if the first action is resolved (dismissed) then we still have to deal with the second license action. If we have both license actions then they can run together (concurrently) or they can potentially run apart (consecutively).

Depending upon the final case (criminal) outcome (resolution) there could be only a 90 day suspension (DWAI) from the criminal but still have the underlying one year revocation from the Refusal. 

Confusing, but in that case the only license privilege potentially is a conditional license privilege if we have action based upon the Refusal. This would be for the remainder of the one year time period regardless of the criminal case outcome.

I would still consult with an attorney regarding the timing, facts, and circumstances of your particular case. Each case is somewhat unique. Things get more complicated with out-of-state license holders and NYS DWIs. 

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

What is Shock Probation (aka The Split Sentence) in New York State?

Sentencing is the finality in most criminal proceedings but it also means a new beginning. At sentencing we are to begin jail, or begin probation, or begin a combination of the two. In some criminal cases we can avoid both jail and probation (community supervision) with a final sentencing to a C.D. (conditional discharge).

The Two Big Questions

What are the terms of your sentencing?

Are they legal terms and conditions?

Illegal Sentences Can and Do Happen

Believe it or not, I have seen injustices over the years. People being sentenced wrongfully and illegally, and it does happen. We defense attorneys (like us or not) often stand as the watchdog at the gate. With almost 66% of the judges (town and village courts) at the misdemeanor level being non-lawyers the chances of a few mishaps is high. Mishaps with DMV paperwork is one thing, but mishaps with sentencing to jail is quite another.

Shock Probation aka The Split Sentence

Based upon the guidelines of New York State sentencing Shock Probation means a Split Sentence.

Some jail and then a term of Probation. With the new terms of probation being:
3, 4, or 5 years of probation for a felony conviction and 2 or 3 years of probation for a misdemeanor conviction.

A split on a Felony conviction can not exceed 6 months of local incarceration (county jail).
A split on a Misdemeanor conviction can not exceed 60 days of local incarceration (county jail).

BEWARE AS IN BE-AWARE: 

Any sentence exceeding these guidelines is an ILLEGAL SENTENCE.

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

Ithaca City Court: New Policy on Community Service Hours and ACDs

I'm not a big fan of community service hours
Working for free not really inspired me or my clients.

New judges and new Ithaca City Court policy are reining the day lately. We now have a full time DWI judge, the Honorable Scott A. Miller and another new judge, the Honorable Seth Peacock taking up the slack. It is a busy court and I'm all ears when I hear the judges announcing new procedures or policy that could affect me or my client's legal matters.

Community Service Hours Must be Done Before ACDs are GRANTED

I was in court on Friday with three criminal cases in total: two DWIs (one for final sentencing and one for arraignment), and a Petit Larceny case. I had negotiated on behalf of my P.L. client for an ACD with some community service. BTW a great disposition. At which point the judge stopped me and stated the new Ithaca City Court policy.

The ACD (adjournment in contemplation of dismissal) of 6 months will not begin to run (the time period) UNTIL the community service hours were completed by my client. ACDs are great because the charge, in this case a criminal misdemeanor would be completely DISMISSED. So No criminal record, No criminal history, Nada, Zip, Nothing.

This is under NYS section 170.55

§ 170.55 Adjournment in contemplation of dismissal. 1. Upon or after arraignment in a local criminal court upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, and before entry of a plea of guilty thereto or commencement of a trial thereof, the court may, upon motion of the people or the defendant and with the consent of the other party, or upon the court's own motion with the consent of both the people and the defendant, order that the action be "adjourned in contemplation of dismissal," as prescribed in subdivision two. 2. An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice. Upon issuing such an order, the court must release the defendant on his own recognizance. 

Even the arrest in these cases is considered a NULLITY under the law. Null and void.

NEW POLICY: Pay Before Not After

But with the new City Court policy, this was going to mean that whatever time it took to complete this obligation would then be added to the six months. This would hang over their head UNTIL the time line completely ran. My argument, my client had a summer internship far, far away and it would not be fair that this would now have to be an additional obligation. BTW I had shown proof of repayment to the store (this is called RESTITUTION).

The judge waived the Community Service, the ACD of six months began immediately.

My disclaimer: I am not this successful on all my cases, no attorney is successful on all their cases. We do our best with the cards we are dealt or as in criminal defense cases the facts as they are. Remember Every Case must be analyzed, evaluated, and weighed on a case by case basis.

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