Vans and Motorhomes Can Get Constitutional Protection Like a Home

Motorhome gets constitutional protection of 4th amendment's right to privacy

https://www.law.com/newyorklawjournal/almID/1537432804NY63502017/

In People v. Pallis, motorhome gets 4th amendment privacy rights.

A recent September 2018 New York State case of People v. Pallis affords privacy rights in a motorhome.

Motorhomes may be more like residences than automobiles where they provide increase privacy and residential necessities (see e.g. United States v. Williams, 630 F2d 1322, 1326 [9th Cir 1980]).

Vans, motorhomes, and campers maybe considered homes for 4th amendment privacy issues. NYS finds a motorhome in Brooklyn was more like a home and didn't permit the warrantless search by police.

The court will have to weigh the factors for or against: stationary vs. mobile

Including: hookups, intent, location, type of van, timing, and use

How to Persuade A Judge to Leniency: Reasons Create Reasonableness

Help Them See the Truth By Proving Your Rehabilitation  

Judges, prosecutors, and even probation officers want reasons to help you. If you show you don't care and aren't trying to address your underlying problems then they will follow suit. BUT if you show and prove you are proactive post arrest, then they will support those efforts. Showing them progress towards sobriety always begins with an assessment / drug and alcohol evaluation. It continues with follow through: AA/NA meetings, classes, and checking in regularly for screenings.

Persuasion is Always About Supporting a Person's Values

Judges and prosecutors take an oath. That oath states that they are to safeguard and protect the public. If the proposals and steps that your attorney is having you take support that value then the court and DA will align with you. They will support your time and energy spent in treatment and rehabilitation.

Your sobriety is never just for you.

Your lack of wellness, your instability, and your ill health affects everyone around you. Your family, your friends, and the community are all potentially impacted by all your actions. Having an IID (ignition interlock device) on your car is a community safeguard because the public is always the named victim of a DWI with or without an accident.  

Ithaca DWI Lawyer: Ithaca Police: Can Our New Dog Sniff Out Drugs?

Bert is a beautiful German Shepard. 

He has an amazing focus.
Officer Kimmich is holding a hotdog, yum!

I'm familiar with the TV show, Dog with a Blog, now Ithaca Police Department has a new member, Albert the German Shepard. He is from the Czech Republic and answers to Bert. His training is in locating explosives and firearms (not drugs) but I'm sure he's more than capable of other police duties.


I caught up with the newest member of the force while visiting Lou in the commons, out local hotdog/grilled chicken stand guy.

The most dangerous encounter the police deal with day in and day out are traffic stops. Perhaps our new officer can sniff out firearms, and prevent some needless violence. Don't get on the wrong side of Bert. 

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: The Ithaca Plea Bargains: What's a Farrar Condition?

The Statistics Don't Lie

Average Sentence of Drug Plea bargain: 5 years, 4 months

Average Drug Sentence POST Trial: 16 years

Plea bargaining is a fact of life in New York courts, and for that matter in all courts across the country. This is the reality, our current justice system would be completely backed up if every single defendant (person accused) demanded a trial. Negotiation is part and parcel of the criminal system. How well one can negotiate a case is up to a number of factors. Some facts are hard to swallow and must be analyzed in their best light.



Often the bargain is to plea guilty is to a lesser included offense than the one or ones originally charged. The bargain is further tempered with a recommendation on sentencing to this charge.

In other words plea bargains = CERTAINTY. Certainty is comforting to the majority of people. A specific high, a specific low, and a certainty of no to little surprises as to punishment is a relief.

The judge ultimately has discretion in sentencing but,,,

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

Why I Love Upstate New York Courts: Pay Phones and Cheap Soda Pop

I really liked this 1960s show, NYC lawyer moves
to the country for fresh air and real people.
Maybe young me was influenced?
from digital landing.com

I practice law in the Finger Lakes part of New York State. When people hear I practice in NY they naturally assume that I practice in "the" City because in their minds the entire state is New York City. NYC is a small place physically with a lot of people.

The opposite of that is where I live, breathe, and work, "lots of land spreading out far and wide, keep Manhattan just give that countryside." Eddie Albert singing the Green Acres Opening Song. He played a NYC attorney who relocated to the country.

Green acres is the place to be

Farm living is the life for me

Land spreading out,

so far and wide

Keep Manhattan,

just give me that countryside.

                                                                          Green Acres TV show "the 1960s"

We are about as far from NYC on a geographic level as we are away from NYC on a cultural level.
In the Courts I have visited it often feels like an incredible time warp.

In Owego Town court building, a pay phone 

In Owego Town Court, 50 cents for a Coke!

You gotta love these things, pay phones, 50 cent soda, and people who still see the world through a country prism. Yes, I like practicing here because I feel it is more authentic and people generally value each other's word. If you are straight with them they will be more than straight with you.

I'm now going on 8 years up here and it is better than I had first imagined. My friends told me I should have my head examined when I first told them I was moving up here, as in go see a shrink. they thought I was nuts. One of the key advantages to practicing here is that if you develop a good reputation it means something here.

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 Lawyer Read Carefully of Courtesy, and Banker's Letters

It costs nothing to show courtesy
from guelph.ca

You know my father in law is an ex banker. We are all indebted to the bankers and banks for allowing us the privilege of borrowing money to get our educations, start businesses, and buy homes. I recognize that but I don't like words or terms of BS.

BOA recently sold their local branches to Chemung Trust. I like them for a few reasons. One, great service, two, free cashier's checks, and better candy than BOA lollipops (hey I'm over 5, well maybe not emotionally). A recent letter from the bank put them back into the position of BANK.

What is Courtesy Pay at Chemung?

Dear Customer:

Our Courtesy Pay is a non-contractual service (yet I am being asked to sign up for it), which allows the bank's discretionary payment of overdrafts for those accounts maintained in good standing. There is NO charge to have Courtesy Pay available with your account; although a $35.00 fee is charged each time you utilize the service.  (all emphasis is mine)

It took me a few minutes to reconcile NO charge with $35.00 each time but it finally clicked. Sounds kinda nice this Courtesy thing but is it really a Courtesy if I am being charged $35.00 each time?

Courtesy = considerate act or behavior, politeness, thoughtful  BUT DOES NOT = $35.00 each time.

Hey Chemung a Courtesy Phone is FREE!
Hey Chemung it's called "common" courtesy for a reason.
Courtesy Costs Nothing or at least it should.

You can call something whatever you would like to but that don't make it so!

Always 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

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Is it Really Hard to Say I'm Sorry? The Power of Apology in New York Criminal Case Sentencing

My son came home from college last weekend. Nothing like riding in his car and listening to his music. This time was different. He is taking this music class which focuses on the 1960s, 1970s, and 1980s. Hey that was my time, and my kinda music. He was playing everything from Carole King to Dylan to the Moody Blues to Chicago in his car. I was really rocking to oldies. I could ace that class.

Him playing Chicago's 25 or 6 to 4 reminded me of Peter Cetera which then reminded me how much I loved the song "Hard for me to say I'm Sorry." A number one hit in the early 80s, and the lyrics were powerful. Which all then reminded of Why more people can't, you know, apologize.

So the song relates to two main themes: 

1. proclaiming you are sincerely sorry and
2. promising to do better

New York Criminal Sentencing

I have sat for hours in front of many judges in many courtrooms. At final sentencing, they have to ask the defendant "Do You Wish to Say Anything?" What percentage of people say anything, in my world the number of people that ever say anything in open court is less than 5%.

I ask WHY?

Well one reason could be they are planning on an appeal? They wish to appeal their conviction? Except in most cases they have plead guilty to something, so what would they be appealing?

The BIG Question: Would it hurt or help to say, "I am sorry"

In many cases, a sincere and planned apology might sway a Judge. I can't even begin to tell you the number of times I have seen Judges moved to more lenient sentencing. This was in the face of a prosecutor out for blood (or jail or prison).

To say it never happens is ridiculous. Now just saying the words with nothing behind them is meaningless, and may even cause more harm than good. Giving an apology without more, without the promise (hope) of a better tomorrow is uneven. I have asked Judges would you like to hear anything at sentencing, a unanimous yes from most, and their favorite expression: I'm sorry.

Words Plus Emotion Create Motion

You want to move people then be moved. Come from the heart and the head. Hope keeps the preachers, priests, doctors, and rabbis in business. People thrive on hope, which is the sincere belief that tomorrow can be better than today. The brighter future is not a false dream.

Talk to your attorney about the value of confession, of the value of apology, and of the value of promise because in the end it may make a difference. If you are on that proverbial fence, and one side is truly greener than the other, the right words at the right time may make a difference.

Always 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

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

Ithaca Cortland Lawyer Why Pleading Guilty is the SAME as Being Found Guilty?

Guilt or Innocence is Really Legal Guilt or Legal Innocence

When you are charged with a crime by the police it is based upon "probable cause." PC is merely reasonable and trustworthy information that a particular person committed a particular offense. With a New York DWI it is usually based upon driving (moving violation) plus odor or alcohol or marijuana plus impaired/intoxicated behavior.

Being found legally guilty requires that they proof each part of their case to the beyond a reasonable doubt level (standard). The Judge will instruct the jury on what reasonable doubt is and means but in their minds (it may mean something else entirely).

Is there Really a Difference if You Just Plead Guilty to a Charge versus Challenging the Evidence (proof) against YOU and Being Found Guilty of the Charge?

The easy and fast answer is that there is NO difference. Whether you plead legally guilty or are found legally guilty you wind up at the same place. You wind up in front of a judge for sentencing (punishment). Under the law, it looks the same on paper, on the final documents.

See my next blog post and video to understand why (pleading to the charge OR being found guilty to the charge) they are NOT exactly the same.

Always 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

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.

Ithaca DWAI and Visiting Canada, Not So Fast

Well, they say (those weather people) that it has been the coolest New York July on record in like 30 years. A big Wow! I loved the excellent Ithaca/Lake Cayuga breezes in Ithaca this summer.

August reminds me of Canada, our close neighbor and friend. Toronto Island is incredible except for the mosquitoes (they bite hard). 

I recently had an inquiry (to my blog) about visiting Canada if you had a prior DWAI (driving while ability impaired) on your record. The person asking figured that since DWI here is a BAC of .08 or higher and Canada doesn't have a DWAI, and DWAI is a traffic violation (not criminal charge here) then he was good to go.

First, Get This:

NO MATTER WHAT YOUR BAC (blood alcohol content) 

CANADA SAYS IT IS A DWI/DUI/OUI

I have blogged about this before, playing lawyer. Reading statutes, laws, and assorted codes and then trying to understand all of this. Even lawyers have a hard time understanding all the nuances of New York DWI. 

First off, there are two main types of DWI, DWI per se (requiring a BAC), and DWI common law (sans BAC). You can still be found guilty of DWI without a BAC number. Harder for the government to prove but still possible. DWAI is legally defined as "any extent of impairment", it doesn't need a BAC number either. Yes, a BAC makes it more likely to be found guilty, even low BACs, but all the government needs to prove is "any" impairment.

Canadian Law Made Simple for Non-Canadians

In Canada they have law that also states a common law DWI or DWAI:

section 253

Criminal Code of Canada

Impaired Driving Sections

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or   (this is the Canadian "Common law" charge)

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. (this is the Canadian "per se" charge)

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.

This is how a NY DWAI is considered a "criminal" offense in Canada regardless of BAC numbers. So you have a few options, wait five years (after the end date of your original imposed sentence) and apply for a Approval of Rehabilitation OR Apply for a Minister's Permit by phoning Canadian Customs at 1-888-242-2100. See my original blog of April 23, 2009.

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: The Value of Being a Learner Lawyer

New York DWI Defense Works Best with Focus

I have been immersing myself in Success philosophy since 1986. I have a deep and unabiding conviction that what we talk about, study about, think about, learn about, write about, read about, and act on we will eventually bring about.

Thats a lot of "abouts" but the point is a focus and an inspiration will attract dramatic results and manifestation. I love the law. I find it challenging, stimulating, exciting, and inspiring. I meet tons of lawyers (as well as other people) that hate what they do, they hate practice. Sometime long ago they traded inspiration for desperation. How sad to wake up each day and dislike your life and your life's service.

How can you stay excited about what you do everyday even New York DWI defense?