College Dorm Room Searches and the Law

Ithaca is fun because of it's size and isolation but that also creates a problem with privacy. It seems like everyone knows everyone else's business. I can't even tell you the level of town gossip let alone what is published daily on social media. Thousands of people are thrust together closely sharing rooms, apartments, homes, and dorms.

Privacy rights are sacred. We do have a fourth amendment that guards against government intrusion. There shall be NO unreasonable (illegal) search or seizure of your person or home.

Does that same law hold in your dormitory?

Does that same law apply to your on campus apartment? 

Ithaca DWI Lawyer: Milk is NOT Always Milk

I love cashew milk even if it's NOT milk
from latestvegannews.com

I get a kick out of all the things people, companies, and even national organizations argue about. Lately it's all been about Milk. Is Soy Milk milk? Is coconut Milk milk? Is Cashew Milk milk? Or is the only thing that is really milk the stuff that comes from a mother animal's teat? Can it be that we have come to a point in vegan time or vegetarian time when we quibble over definitions?

Well the dairy industry is saying that the only real milk is the one we all know and love and that comes from a cow. The FDA is part of this battle and they are taking a position that guards the public trust in what companies can state or call their products. We don't want people to be deceived by marketers, God forbid.


Should we care about whether cashew or soy milk is milk?

For that matter does it matter what the legal definition of anything truly is? 

Ithaca DWI Lawyer: First Amendment Be Damned, Watch What You Post on Social Media

Harvard University is the best
from  the odyssey online.com

Just this week Harvard University, the bastion of free speech and expression rescinded the admission of ten applicants to their incoming class of 2021 because of offensive and inappropriate Facebook posts. Apparently "Offensive" means joking about sexual assault, child abuse, and the holocaust. These types of messages and graphics are no longer acceptable even though they are permitted under the constitution. This has shocked more than a few people and has been called by many the new morality.

Is this right? Is this the new normal? And what do people facing criminal charges have to be concerned about? What about people with new and old DWI or drug offenses?

Is free speech truly gone? 
Should people be concerned that their party/social image may have untoward collateral effects?

Ithaca DWI Lawyer: 420 is More Than a Day, It's a Movement!

It's always 420 in Ithaca, NY
from the weedblog

My son reminded me that today is 420, as in April 20 and I should be mindful. It's 2017, and to me this 420 means our country is just coming to terms with the usefulness of marijuana.

Can THC bring people a better life? 


Will the increasing use and acceptance of THC (marijuana) come with difficult challenges?

Ithaca DWI Lawyer: Just How Safe is Your Social Media?

Whenever we have someone charged with a drug and/or alcohol related offense we ask that they take down their social media accounts. This is for a number of reasons but the main one being do you want the government looking at your Facebook page? Are there pictures or comments online that you would rather not have misinterpreted. Many people these days post pictures of themselves smoking marijuana, using drugs, and partying. Even posting talk (truth or fiction) about how messed up YOU got at an event or party can cast you in a bad light with the prosecution or a judge.

So just how accessible are your "private" or "public" social media accounts?

Ithaca DWI Lawyer: Do YOU Have a History of Drug or Alcohol Abuse According to the NYS DMV?

It's funny to me that Pluto is no longer a planet. Sometimes things or even the definition of things changes. It is a bit disconcerting to think I spent my whole childhood looking at a map of the planets and now all of it is suspect. What's next? Well I can tell you what's next. . . the New York State Department of Motor Vehicles has expanded the definition of the word "history." There is a new look back period of years to diagnose a history of alcohol and/or drug abuse.

Ithaca DWI Lawyer: Can You Get Jail for a New York Traffic Ticket?

Is this Reckless Driving Legally?

Generally speaking people do not go to jail or get sentenced to jail time for a New York State traffic ticket. But there are instances where your traffic ticket is more than a normal moving violation. Sometimes a ticket is really a criminal level offense that a judge would be compelled to sentence you to a term of jail. On the ticket itself the box marked misd means misdemeanor. Misdemeanors and higher are criminal level offenses. Now legally speaking in New York State a town, village, or city court judge could sentence you up to 15 days in jail for a violation level offense. Offenses like disorderly conduct, DWAI alcohol, or even speeding could receive up to 15 days in the local county jail.

So what situations or traffic violations could bring a short term of jail in New York State?

Ithaca DWI Lawyer: New York Dangers of Possessing Concentrated Cannabis

Hash Oil is Potent

New York State has a special set of laws and regulations for marijuana. In fact, a small quantity of pot  is merely a violation in New York State. It's called UPM (unlawful possession of marijuana) under NY penal law section 220.05 Any amount from resin (yes resin in a pot) to 25 grams is still UPM in New York.

But be mindful that even resin Unlawful Possession can still carry many collateral consequences outside of court like ineligibility for Federal students grants, loans, and aid. What's far worse than garden day variety weed is concentrated marijuana.

How does New York define concentrated cannabis and how is that different than being charged with a Penal law section 221.05 UPM?

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: Ithaca's Plate Scanners Give Law Enforcement Stopping Power

Police Scanners are Located on the Back of a Patrol Car

In 2014 Governor Cuomo granted Ithaca City Police, Cayuga Village Police, Tompkins County Sheriff's Office, Dryden Police, and Trumansburg Police money to buy Automatic License Plate Recognition Scanners (ALPR). This modern technology can give law enforcement a fast tool to assess a car and it's occupants in seconds. Some states like New Hampshire have been this technology as being an invasion of privacy but not New York. What if the scanner is not accurate? Is the stop of your car legal? Is anything the police finds in your car or on your person a violation of your rights?

Ithaca DWI Lawyer: Can the Police Check Your Car Trunk for Drugs in New York?

Trunk Access from My Back Seat

In a recent court case of People v. Jones, 2016, Livingston County a person was stopped for speeding which led to search of his car and then of his trunk. Of course pot was found in the trunk of his car, and a suppression hearing was held to determine the constitutionality (legality) of the police search of the trunk.

Was the trooper within the law?

Is it ok for the police to check your car's trunk?

Does this violate your 4th amendment rights?

Can they do this with every car stop?

Ithaca DWI Lawyer: The Power of "I want a lawyer" with Klonipin, Xanax, Benzo DWAI Drugs

A recent New York State DWAI drug case conviction for manslaughter was overturned by the Appellate Court. It is now being set for a new trial without mind you the blood evidence of drugs.

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

What's Normal Driving? People Make Driving Mistakes But is it Due to Drugs or Alcohol?

People Make Mistakes, btw I've done this one
from mistupid.com

I love to check out USA Today. Every time I'm at a Hilton property (quite often) they have a copy for me. Kinda like news light with a touch of National Inquirer thrown in for good measure. Or for those New Yorkers, kinda like the New York Post married the Times and they had a kid.

Little tidbits, surveys, and as they quip "USA snapshots," they own that btw So a recent little piece caught my eye. It was on a survey in which people were asked their most embarrassing car goof moments:

Out of 2,000 people surveyed (sounds like Family Feud now?)

50% forgot where they parked their car (I've had DWIs with these)
43% ran over a curb in a parking lot (other DWIs)
34% drove the wrong way down a one way street (countless DWIs and DWAIs)

So was everyone in their survey drunk, impaired by a drug, intoxicated by alcohol: NO

In fact these were all SOBER goofs. In any DWI or DWAI prosecution there may be some or a lot of drug based driving behavior or maybe it's just some or a lot of stupid driving?

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

New Diagnosis Alcohol Use Disorder Goes Mainstream in New York

New York City Port Authority Sign
Taken by moi on my most recent field trip

Two years ago I discussed the re-vamping of the DSM (diagnostic and statistical manual of mental disorders) aka the manual aka the bible of mental disorders to it's newest, greatest, and latest edition V.

While Number 5 is still gaining ground it is still not quite mainstream IMHO. Most (the vast majority and everyone I know) of the therapists, evaluators, OASAS assessors, doctors, and clinical social workers are still stuck on the older DSM edition IV, and it's commensurate antiquated verbiage.

see my blog post on the new DSM-V here:

http://ithacadwi.blogspot.com/2012/12/ithaca-cortland-lawyer-new-dsm-5-meets.html

Not the Age of Aquarius but One of ADDICTION

We are, face it still living in the age of "addiction." The terms abuse and dependency are still on every evaluator and therapist lips, so I was surprised two weeks ago at what I saw posted up at the New York Port Authority Terminal. A large poster of a child, and the words "7.5 million children in the U.S. live with a parent with an alcohol use disorder"

It finally happened, not dependency, not addiction but the first use publicly of the catch-all term:

"USE DISORDER"

The fear has begun, and I am here to say, no I am here to state, that the use of these new terms is scary. Because the new terms are vast, vague, and so all encompassing. There are in fact:

alcohol use disorder
substance use disorder
marijuana use disorder
etc. use disorder

and the treatment called for is ,,,

you name it depending on how the evaluator feels about the severity of the use disorder and it's context.
Is this

Diagnoses that are non-specific

Vague definitions give clinicians great leeway. BUT they can lead to everything from non invasive to fully invasive methods and treatment. These can give the therapists and evaluators IMO too much control based merely on an opinion and too much subjectivity to make a diagnosis let alone formulate a proper and appropriate treatment protocol.

Are we moving forward or backwards? Hard to say at this time. Harder still will be getting judges, prosecutors, and probation officers to understand all these new terms and definitions.

The New DSM V is Not Bad "per se"

I used the book (the old DSMs) in college and in my practice for many years. Even physical diagnoses as a Chiropractic Physician sometimes had a mental overlay. Treatment of a whole person required understanding mind and body. Untreated mental issues prolonged physical ones. Anxiety and stress, and manic-depressive (bi-polar) conditions are all too common within our population. Proper and appropriate diagnostic work ups and treatment need to be part and parcel of the management of any disease including those involving drugs and/or alcohol.

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 DWAI Lawyer When 1 + 1 = 3 or Why Marijuana + Alcohol = Trouble

Ithaca is NOT GORGES
It's Pipes, Bongs, Shishas, and Hemp

The prevalence of marijuana use continues to increase nationally not just locally. Whether this use pattern is due to it's increasing "legalization" or it's increasing "medicinal value" or it's new found increasing social acceptance is unclear.

Both directly and indirectly marijuana is assuming a new role as the second most used drug after alcohol. In the not too distant future I believe that pot will be easy to obtain, legal, prescribed by doctors, marketed and advertised both recreationally and in a host of products.

In my Ithaca legal practice I am seeing more DWI and DWAI cases that are involving the combination of alcohol and marijuana. From my perspective this is more common with the college crowd. This correlates with all the recent studies which indicate the most common age group to combine drugs and alcohol with driving is highest in those in the 19 - 20 age group.

The Green Dragon
from weed forums.com

THE PROBLEM WITH COMBINING: THC and Alcohol

A study from the Netherlands (Dr. James O'Hanlon) examined the effects of THC upon driving in combination with alcohol. The conclusions reached were that one drug (THC) potentiated (increased) the effects of the other (alcohol).

1.  .04 BAC alcohol plus low dose of THC = the impairment effects of .09 BAC
2.  .04 BAC alcohol plus moderate dose THC = the impairment effects of .12 BAC
3.  .04 BAC alcohol plus high dose THC = the subject could not even stand up (was falling down)

.04 BAC = approximately 2 drinks (2 shots = 2 regular beers = 6 - 8 oz. of wine)

The impairment effects from the combination of THC plus this low level of alcohol lingered for 3 hours. Alcohol at the .04 BAC level should dissipate back to zero within this same time period.
In fact, .04 BAC alcohol is not even impaired in NYS (.06 BAC to .07 BAC is legal impairment).

KEY TAKEAWAY:  Choosing to drive when combining marijuana and alcohol can be much more dangerous than alcohol or marijuana alone. The impairment effects are far greater, and the effects last way longer than either by themselves.

Don't ride your car AFTER you ride the Green Dragon! 

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 Cortland Lawyer Can You Be Charged based Upon Drug Resin? Is that Possible?

From Magic-Mushroom.net

I recently defended some drug cases involving mushrooms (not portobellos or criminis), and a host of other "fun" drugs. Rock/Music Concerts like the Grassroots Festival in Trumansburg, New York bring people from far and wide to enjoy the festivities. Unfortunately, this is probably not the best place to bring your drugs. The police know from prior events that those attending like to distort reality through chemistry. Law enforcement is present through and around all aspects of the multi-day event. Cars get stopped, people get searched, and arrests take place. What should be a weekend of fun turns into something unwanted when laws get broken.

One of my cases had such a small amount of drugs that the police had to scrape it from the paraphernalia and containers. The folks arrested looked on incredulously as the police "gathered" the evidence against them. They got charged with Criminal Possession of a Controlled Substance in the Seventh Degree (a criminal misdemeanor).

Yes Virginia, there are a great many things legal that make no sense (common) that is. I still don't understand that Arizona has speeding tickets that are classified as criminal offenses but also lax gun laws or that Canada thinks almost everything (we classify as a violation) is an indictable and criminal offense (in Canada).

So I live and practice in the Great State of New York. We have some draconian drug laws. The Rockefeller laws of 1973 still reverberate throughout our Court rooms. Now when you think DRACO think small offenses with big/harsh punishments. Remember that these drug laws have been around for a long time and we must abide by them.

New York Penal Law 

Section 220.03 Criminal possession of a controlled substance in the seventh degree.
 

A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully  possesses  a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on  a  hypodermic
syringe  or hypodermic needle obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law; nor  shall  it
be  a violation of this section when a person's unlawful possession of a
controlled substance is discovered as  a  result  of  seeking  immediate
health  care as defined in paragraph (b) of subdivision three of section
220.78 of the penal law, for either another person  or  him  or  herself
because  such person is experiencing a drug or alcohol overdose or other
life threatening medical  emergency  as  defined  in  paragraph  (a)  of
subdivision three of section 220.78 of the penal law.
  Criminal possession of a controlled substance in the seventh degree is a
 class A misdemeanor (a crime). Punishable by up to one year of jail, three years of probation supervision, etc. etc.

Can you be held (arrested), tried, and convicted for RESIN (a residual amount) of a 

drug/substance in New York State?

Yes, in the case of People v. Mizell, 72 N.Y.2d 651 (1988) a small and unusable 

amount of cocaine was held by the highest New York State Court to be Enuff for 

a drug conviction.

Reviews of Larry Newman:

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

An "Unusable" amount of a drug is enough to uphold a conviction under New York State Penal Law 220.03.

Often first time drug offenses can be defended and negotiated with the 

District Attorney.

Sometimes it is necessary to have a drug/alcohol assessment, undergo counseling,

and/or a combination of things. Depending upon weight, and a host of other 

factors, remember cases must be evaluated completely for the best outcomes.

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

504 North Aurora Street

Ithaca, NY 14850

newman.lawrence@gmail.com

607-229-5184

http://www.ithacadwi.com

Ithaca Cortland Lawyer What is the Value of a Professional?

One common question before hiring a professional is, "do I need you?"
Does anyone really need a doctor, a lawyer, or a CPA (tax professional)?
Does anyone need a plumber, electrician, contractor, or carpenter?

The D.I.Y. (Do It Yourself) Mentality

I love to go to Home Depot, and Lowes. They didn't exist years ago. The local hardware store wasn't on that level or scale. I have attempted plumbing, painting, scraping, fixing, and repairing my home. It has not always worked out as well as I would have liked or imagined. Sometimes (really often) it was messy and as my wife would say, I made it worse.

Plumbers, Electricians, and Carpenters

You can DIY (do it yourself) but should you? Is it really a smart way to go? Do you always save time and money? I tried scraping off old wall paper, I couldn't move my arm for a week.

I admit I am not handy. Hanging a picture can be challenging for me. Maybe other people are handy. Maybe they enjoy learning new things. I'm at a point in my life where I would rather support other professions, and let the professionals do their job. Besides the thought of going up a ladder, playing with electricity, or opening a pipe is scary to me.

With an Ithaca, NY home in Fall Creek that is 123 years old having professionals to do upkeep, maintenance, and repair is not an option for us, it is a necessity. I say thank G-d for these professionals, I would be cold, knee deep in crap, and in the dark without them.

OF Doctors, Lawyers, and Accountants

You can be your own doctor, lawyer, or CPA. There is no law against it. But what a professional brings to the table is their experience, their knowledge, and their assessment of your particular (unique/specific) situation.

This level of assurance or insurance that the decisions you make will be made with a full understanding. That you understand the direct and indirect consequences of any action is always of paramount importance. Fools make uniformed decisions. Especially when the government is involved you should not take these things lightly.

Professional Representation comes in different shades, colors, and sizes. Not all professional representation is the same. Doctors are not all the same. CPAs are not all the same. And lawyers are most definitely not all the same. They can do the same things (with their licenses) but they are not all equally knowledgeable, experienced, or skilled.

Some professionals are into what they do, they are passionate about their field, they are contributors, they stay involved, they remain learners, while others do the very least to remain as licensed professionals, they can't wait to retire and play golf, they hate what they do, they live for the weekend.

I guess it all comes down to this, who would you choose to represent you and your interests? I can tell you that the cheapest professionals are those barely interested in their fields. They seem bothered and annoyed.

If you see a "I'd rather be ...     ing" bumper sticker on their cars you better go find another professional.

Lawrence (Larry) Newman, D.C., J.D.
Doctor or Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

http://www.ithacadwi.com

Ithaca Lawyer Wants to End the DDP (Drinking Driver Program) Confusion!

So Many DDPs But One Original NYS DMV DDP
from ddpmonogramsandgifts.com

Over the past few weeks I have been contacted by half a dozen people who are confused about New York's DMV's Drinking Driver Program, and their DWI cases. Some of the common issues:

1. How does the alcohol evaluation counselor determine the need for treatment?
2. When is the DDP mandatory?
3. Can I get my full license privilege back early by completing the DDP?
4. How does my conditional license pre conviction relate to my conditional license post conviction?


1. Alcohol Evaluations with OASAS certified providers have a wide range of formats. The most common format is the two visit, screen and evaluation. I have heard of four visit evals. In some of the wealthier parts of New York State (not Ithaca), I have seen fees of $125 a visit with four visits to reach a conclusion. In Ithaca, it is around $80 a visit. I have seen evaluations with drug/alcohol screenings (Urine tests) and breath tests. Sometimes these may surprise the unwary.

The evaluators can be very subjective as to who requires treatment. I have spoken to some evaluators who feel the charge of DWI alone or a breath test with a BAC of over .08 qualifies a person for twelve weeks of three time a week twelve step classes. I have heard that positive responses to the following questions could automatically signal an abuse diagnosis:

Question 1: Do you have or had you had any hangovers?
Question 2: Do you think it is OK to have one drink and drive?
Question 3: Have you drank any alcohol since your arrest?

I would want a definition of hangover before answering that first question, but then I'm an attorney. Is feeling tired or bad the day after drinking a hangover? I sometimes feel that way after eating too much late night ice cream, would that qualify as a hangover? Be careful how you answer any question.

Now some evaluators are fair and some are not. Some will view the totality of person's life and behavior before rendering an opinion while others unfortunately do not. I have been surprised in both directions. Sometimes my clients did not get a treatment recommendation when in my opinion, half common sense and half legal, they needed help. And while I am not a drug/alcohol counselor you can often tell who needs help.

Other clients who only drink socially, never to excess, and with no underlying problems were given an alcohol abuse diagnosis. Please NOTE: You are allowed a second opinion.

2. The DDP is mandatory in the following situations:

-When the Court orders it as part of your CD, conditional discharge (a condition of your compliance with paying fines, and the VIP (victim impact panel)).

-It is also mandatory if you want a conditional license privilege post conviction.

This is a crucial distinction. There is a PCCL (Pre-Conviction Conditional license) while you await a final disposition of your criminal case. It is given by the DMV after 30 days have run on your hardship privilege (the hardship privilege license is a conditional bridge license). The hardship privilege is merely for the 30 days following your suspension pending prosecution which occurs at the initial appearance if your BAC was .08 or higher.

When your criminal matter is resolved, usually at sentencing, you are supposed to "hand in" your pre conviction conditional license (PCCL) to the Court. If you or your attorney request, the Court will give you a 20 day stay of your suspension period. In other words, you will get your full privilege to drive back for 20 days from your sentencing date. You will get another 3 part form (like the hardship privilege document) that states the stay period, and the start of the suspension period. If after the 20 days have run and you have not signed up for the DDP classes you now have NO license privilege.

You are expected to sign up for the DDP to get a Post conviction conditional license, and you will get your full license back after the program is completed (for first time DWI offenders over the age of 21) and you pay "somemore" DMV fees.

3. The great news is after a total of seven weeks (16 hours) of DDP classes you will get your full license privilege back even if you had a DWAI: 90 day license loss or a DWI: 6 month license loss. There are some exceptions where the DMV will not shorten the Court mandated suspension period. See NOTE below.

If you are still driving at this point, without signing up for the DDP you are driving on a suspended license. If you are pulled over without a post conviction conditional license you are going to be charged with an AUO (aggravated unlicensed operation), a misdemeanor.

NOTE: Even if you complete the DDP the DMV will not give you back your full license privilege until the end of the revocation/suspension period:

1. if you originally had refused the breath test (the chemical test back at the station),
2. if you committed the alcohol or drug-related violation while driving a commercial vehicle,
3. if you were under 21 at the time of your arrest.

However, you can still complete the DDP and maintain your post conviction conditional license while the suspension/revocation period runs.

4. Do not confuse Pre and Post conviction Conditional licenses. The "pre" is given while awaiting the resolution of your criminal case without taking a DDP class. The pre is before your case is resolved. The "post" is only given in conjunction with signing up for and taking the DDP classes.

So I hope that this sheds some light on this pre, post, PCCL, DDP, and DWI alphabet soup. If not call or shoot me an email.

The big disclaimer: The Power of the DMV

The DMV has the ultimate discretionary powers to deny any driving privileges (limited or full) and/or relicensure depending on the motorist’s driving history and any other factors they wish to consider. This discretion may be exercised despite eligibility and after the minimum statutory periods of revocation or suspension has expired. Always check with the DMV concerning your driving status before you drive. Sometimes the Court may have sent the wrong paperwork or no paperwork to the DMV. In addition, if the DMV informs you that you do not have to do the DDP but the Court does, you still have to complete the DD.

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

New York DWI Charges: Can Bring Your Private Life Public

A great song with an even greater message
from motivational twist.com

People often ask me, "so what kind of law do you practice?"... my response is generally...well, I love cars and drugs, so anything that involves them, especially together are my favorite practice area. People usually take a step back but our practice is DWI and DWAI drugs in the Finger Lakes. If they press me further I explain . . .