New York CD versus New York ACD: What's the difference under the law?

New York CDs and ACDs are very similar alphabetically but are worlds apart in meaning.



Conditional discharges are the most common sentencing option across the board for anything from a non-criminal violation to a misdemeanor and occasionally even a felony level offense.



Adjournment in contemplation of dismissal is where the judge and prosecutor agree to set aside (delay), adjourn if you will your case while they (contemplate) think about dismissing it.



With a New York CD you are most definitely  convicted of something.

With a New York ACD you are most definitely NOT convicted of anything.



Both have terms and conditions.

Both have time periods to compete those terms, conditions, and/or obligations.



CDs are usually one year in duration but can be two years max.

ACDs are usually six months, and sometimes can be a year in duration.

Anonymous Police Tips and DWI

Anyone can call in a police tip. But whether that police tip will hold up constitutionally is another story entirely. Anonymous tips where the caller chooses to not reveal who they are face greater scrutiny. Because anonymous tips are less reliable and credible they must be more specific.

One recent DWAI drugs case (2018, People v. Feinberg) was tossed because the tip wasn't up to snuff. Why?

Ithaca DWI Lawyer: New York Ignition Interlock Violations are Crimes

Since 2010 any New York DWI case must have a mandatory court ordered ignition interlock device. The default court order is 12 months but with good behavior (NO violations) you can request that the judge remove after 6 months. What if you are NOT perfect? What if you violate the terms of the ignition interlock device?

What if the county monitor for your interlock decides to violate you?

Ithaca DWI Lawyer: Do Opioids and Driving Equal DWAI?

Drugged Driving Can Lead to a DWAI

The reality of narcotic use and driving is far from the media in truth. There are millions of Americans who utilize prescription narcotics like hydrocodone and oxycodone for chronic pain. They are not addicts or using these medications recreationally. At a recent DUI conference in Tucson, AZ Dr. Fran Gengo, a pharmacologist related a story of two people using pain meds. One is Johnny, and the other is Johnny's grandma.

Now while Johnny uses grandma's pain pains to get high grandma has two medical conditions, spinal stenosis and degenerative joint disease. She takes her pills throughout the day on a schedule to moderate her discomfort. If Johnny and Johnny's grandma both drive who stands the greater chance of being DWAI drugs? If Johnny's grandma has a higher blood concentration of hydrocodone does that mean she is more impaired than Johnny?

Ithaca DWI Lawyer: The Dangers of Marijuana Use and a State License

Nothing Like a Colorado Rocky Mountain High

Just this month a New York Times article really brought to light how we are living in dangerous times. The best of times and the worst of times when it comes to the legalization of marijuana. With more than twenty five states now with medical pot and many with recreational marijuana sales in the billions are we heading for National legality? Are we as far as we think we are progressively when it comes to accepting marijuana for what it is? If you hold a teaching certification or other professional license in New York State is it dangerous to smoke or consume marijuana while on a Colorado or California vacation?

Ithaca DWI Lawyer: How DWI Clerical Mistakes Can Mess Up Your Getting a Conditional License

Excelsior is Latin for Ever Upward

New York State's judicial system has about 1,300 Justice Courts. With more than 2,000 Justices (Court Judges) handling about 2,000,000 cases a year. These Courts have the power to adjudicate (hold jurisdiction) over both civil and criminal matter. These Judges are responsible for administering justice over everything from simple speeding tickets to misdemeanor DWI cases.  Justice Courts are the local criminal Courts, and have jurisdiction over ALL criminal charges except felonies and preliminary jurisdiction over ALL offenses subject to their being divested (taken over) by Superior Court (County Court). So with all that power, What can happen if one of the Court Clerks checks an incorrect box on the DMV form in your DWI case?

Ithaca DWI Lawyer: What Makes New York DWI Law Unique and Dangerous?

Maybe Henry Ford was right, "New York is a different country." You know I feel that comparison is more important than knowledge. People get so caught up in what things are without having a context. Can we really appreciate anything without comparison and perspective?


Is New York State like Ford said, "Everybody thinks differently, they just don't know what the the hell the rest of the United States is." I believe to fully understand New York state's DWI rules, laws, and regulations you must contrast them to other state's DUI rules, laws, and regulations?

Ithaca DWI Lawyer: Defending An Unconstitutional DWI Stop Just Got Harder

The Turn Signal,
So Simple Yet So Underused

You live and learn. That's life. Well over the years of practicing DWI defense you learn how to deal and defend what's right in front of you but now we have to watch out for stuff not written in the police report or the tickets.

Can police make up new stuff in Court to bolster, and make bad ticket DWI stops suddenly constitutional?

Ithaca DWI Lawyer: New York Ain't Like the Rest When It Comes to Marijuana

The Pot I know and love

Pot in New York is still Evil

As the rest of the United States legalizes, decriminalizes, medicalizes, and promotes the safety of pot New York remains a hold out of the dangers and evils of marijuana. We practice in Ithaca, NY and it's environs and we still hear and see all this old time rhetoric. Pot is evil, weed is bad, and the public must be protected.

This was all recently evidenced by a Upstate New York marijuana case in Lockport, NY. Just for a point of reference Lockport is close to Rochester, NY, and is another one of those sleepy little towns. People v. Miller  (Lockport Court, Niagara County New York) was just decided in September of this year.

The story of the teacher, the bird, and the trooper. 

Ithaca DWI Lawyer: Pulling a Jury for a New York DWI Trial

In New York, Misdemeanor Cases have 6 Jurors
and Felony Cases have 12 Jurors

I'm one of those guys, you know the ones who actually like to talk. Who as my kids say talks to anyone and everyone. I generally like people, and am a junior psychologist of sorts. Maybe it comes from my mother or just the fact that I'm happy to be able to talk at all. One of the better things about liking to talk to people is what you can hear. People when they open up tell you exactly how they feel.

Learning to be a Better Defense Attorney Begins with Listening to the Viewpoint of Assistant District Attorneys (prosecutors) 

It's nice to hear a prosecutor's perspective on different cases. Nice to know how, and what they're thinking. Sometimes it's so at odds with what a defense attorney thinks about the same thing. Given an opportunity many ADAs will share openly and honestly about cases.

First Place of Defense Lawyer Prosecutor Agreement: Jury Trials Can Be a Big Suck

We do all agree on one thing: Jury trials are a big deal. It's like going to war. You have to know what you're investing. Lots of time, energy, and money go into a trial.  Anyone that feels otherwise is either one of those delusional types or just likes to waste people's time, energy, and money. There are quite a few attorneys that dare I say fall into both categories.

I'm more a pragmatist. What is truly in my client's best interests? Does this serve my client or merely my own ego? Believe me the large majority of times that I want a trial, would actually love a trial, it is not in my client's best interests.

There is Hell to Pay for an Unwanted or Unnecessary Trial

We may have a great defense but we also may have a judge that will make every single step we take painful. This same judge and prosecutor if we ultimately lose will take it out not on me but on my client. This wrath will be cloaked in many reasons why they deserve the full weight of the court and of justice but believe me when I say it's retribution for the trial.

Even with all that said, so what's really involved with getting a jury into the box.

Trials Begin with Picking a Jury

Remember that of the 6,200 plus little town and villages courts dotted over the landscape of the great state of New York many are run by part-time clerks and part-time judges. That said if there is to be a jury trial, it begins with the clerk. Judges and their clerks have to work closely together to ensure that all the checks, boxes, and balances all align. There is no bigger deal than a jury trial. Everyone is watching and everything is being recorded. Being fair, impartial, and unbiased in these low population (tight knit) towns is no small feat.

STEP ONE: The clerk must Summon the Prospective Jurors by contacting the Commissioner of Jurors Office of that county.

Every county in New York State has a Commissioner of Jurors Office which will administer all jury needs, this includes the jury needs of every town and village Court. 

Generally speaking they will need to begin with a Full Jury Venire of anywhere from 45 to 50 people to get down to 6 jurors and 3 alternates. Why so many people? We need to begin with a lot of people because so many people will not be able to serve for medical reasons, family reasons, religious reasons, and employment reasons.

Not Everyone is the Perfect Juror for a DWI Case

Even after all of that we will go through what is called Voir Dire to ask the jurors questions about their ability to serve on this jury fairly and impartially. This jury will be hearing evidence on a DWI or DWAI drugs case?

Do they have any preformed prejudices or beliefs that would not allow them to just weigh the evidence? Not everyone is the perfect juror for every jury trial. Some people are great jurors but not on every type of case. In their past history they may have had run ins with the justice system, with drunk drivers, with alcoholic husbands, with drug addicts, or with their own children or family members that have struggled with drugs and/or alcohol.

The difficulties with getting a fair and impartial DWI or DWAI drugs jury pool is that many people will hide, will deny, and will even perjure themselves before revealing their own demons. Problems with drugs and alcohol are so prevalent in our society.

Just jury selection or more de-selection on a DWI or DWAI drugs case can take a full day or more. It takes just that long to allow people to finally open up. I have seen those that were convicted of DWI manslaughter and spent years in prison sit in the jury for pool for hours before raising a hand.

"Excuse me I don't think I can be fair and impartial." "I killed someone while DWI about 19 years ago." Another hand goes up, "I run a church group that is against all drinking but I still feel I can be fair and impartial." Another hand goes up, "my brother died of a drug overdose."

Every single person that has a strong charge against drugs and/or alcohol must be screened. As we say "void dired." Next blog post:

VOIR DIRE in a DWI Case

Ithaca DWI Lawyer: What if Atticus Finch was a DWI Lawyer?

from Pastemagazine, Good Old Atticus 

Atticus Finch is the fictional lawyer in To Kill a Mockingbird. I'd like to think we as present day DWI defense attorneys could learn a few things from this amazing man of fiction.

It all comes down to understanding yourself, and others.

Atticus has a young daughter, Scout. Like most dads he wants give his daughter a real life education not just an academic one. One line from the movie is most riveting:

If you can learn a simple trick, Scout, you'll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view, until you climb inside of his skin and walk around in it

Ithaca DWI Lawyer: The Truth about Tampering with DWI Evidence in New York

It is a crime in New York to
Destroy Evidence

In my surfing on the web I recently ran across this headline, more like link bait:

"Brilliant new DUI defense: Lawyer eats breathalyzer report"

First, the reality is they don't give "the" evidence directly to DWI defense attorneys. Breath test reports and blood test reports are a copy of a copy of a copy so to even think or believe that you have destroyed THE evidence is utter stupidity.

Second, destruction or tampering with evidence in a criminal case in New York State is a Felony level offense. This is punishable by up to four years in state prison not the local county jail.

Lastly, the original inspiration for this article was a Yahoo news story from Russia. This isn't even a United States legal situation. To compare their legal system at any level to ours is in a word absurd.

https://www.yahoo.com/news/appetite-for-obstruction-lawyer-eats-evidence-to-091424292.html

Imagine these real Tampering with Evidence DWI situations in the good old United States of America in New York State:

• Guy stopped for speeding, cops smell weed, find a joint in his ashtray (a marijuana violation), and an eighth in  his pocket (possession) a mere misdemeanor at that point then he decides to EAT IT, and is facing a FELONY level offense for destruction of evidence.
• Person is DWI then hits a parked car, knocks off the car's side view mirror. He gets out and puts the mirror in his car, and drives off.  Later is stopped for DWI, leaving the scene of a property damage accident, and evidence tampering/destruction/concealment, A FELONY.

If you have a DWI, DWAI drugs, or other traffic related offense in Ithaca, Watkins Glen, or the surrounding counties, give us a call:

607-229-5184

BY NEWMAN & CYR

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DISCLAIMER:  If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

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