Ithaca DWI Lawyer: Michigan License with a New York DWI Charge

Michigan Got a Little Piece at the Top as Well
from carnegiemnh.org

First, I want to thank Michigan DWI lawyer Gary Wilson for his help in answering the question of what happens with a New York State DWI charge with a Michigan driver's license. Gary is one of the best in his state at defending DWI or what Michigan calls "DUI" charges.

So what does happen with a New York State DWI (driving while intoxicated) charge back in Michigan?

Can they hit you with double penalties both in Michigan and New York?



Can you do anything to decrease the Michigan penalties of a New York State DWI charge or charges?

Ithaca DWI Lawyer: Maryland Driver's License with a New York DWI?

We represent lots of out-of-state drivers. That means we have to help them figure out how their New York State DWI charges will impact their out of state driving privileges. Remember that every state is different. We have even seen that some counties within states DMV (department of motor vehicles) handle license issues differently. So in this blog post I wanted to update Maryland license issues and New York DWI charges.

What exactly happens in MD with a New York DWI?

Ithaca DWI Lawyer: How Conditional is a New York Conditional Driver's License?

There are Always Conditions
with DWI DMV Conditional Licenses

con·di·tion·al

kənˈdiSH(ə)n(ə)l/

adjective

Why is having a New York DWI conditional driver's license a problem?

Lost in Translation: Problems with Not Understanding a Single Legal Word

Just last week I was at a hearing just with a judge, and a law enforcement officer. To explain his point the judge kept using the same word over and over. He used it on and on, but the officer's face was blank. The judge used it (the word) in about four different ways. But based on the officer's facial expression he really wasn't getting it. The judge kept changing everything except this one word he seemed to love.

Missing Just One Word = ?

Have you ever read something or heard something and you didn't know the meaning or the idea in back of just one word. Not knowing just one key word or term can make the rest of it appear meaningless.

The judge was attempting to educate the officer in his job. He was trying to get across what he did and said that was confusing to the person he arrested. The police officer was being told what he did that was wrong so he could correct it in the future.

I just sat back and listened after all I wasn't about to educate the officer in how to better arrest and give client's their rights. No way.

The WORD: What He Did Wrong and Why?

This was a NYS DMV License Refusal hearing. The judge was explaining that even though he properly read the refusal warnings he vitiated them. How did he vitiate them? He told my client that he may lose his license, that it may be lost for a period of time, and that the judge in criminal court may or may not give him a license. All of this vitiated the original warnings which state a definite loss of license suspension and revocation of one year if a chemical test of breath, blood, or urine is not taken.

The Word Vitiate came up again and again at this hearing. But the officer appeared to not get the full meaning of that one key word. Without that understanding he wasn't getting the lesson, wasn't really learning anything, and left the hearing more confused than when he arrived.

To Vitiate is to DESTROY OR IMPAIR THE LEGAL VALIDITY OF. He vitiated the DMV DWI REFUSAL warnings by giving the arrestee confusing information about his refusal to take a chemical test after they were given.

Suffice it to say we won that hearing, no loss of a license. Remember that words do have power and never be shy or embarrassed to ask, "hey what does that mean?"

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 Understanding New York DWI Concurrent versus Consecutive License Suspensions

Understanding words and how they apply within a specific legal situation is crucial for making the best choices. Decisions that are well thought out have certainty and power. As they say "half-baked" ideas seldom amount to much. When license privileges begin, end, and are restored is a sub-set of any DWI case.

Number One Idea: Limit Your License Suspension to the Minimums

First, license suspensions in New York can come from the Court and from the DMV.

You can be facing license issues on more than one front so with that in mind you must consider how to play them off each other. In other words, can you get any and all driver's license suspensions to run CONCURRENTLY versus CONSECUTIVELY.

Consecutive = Con (with) - Secutive (in a sequence) 

If two suspensions run one after the other, then they tack onto one another. A six month suspension and another six month suspension will then equal a total of twelve months of suspension.

Concurrent = Con (with) - Current (in the flow with)

If two suspensions run together, then they do not tack onto one another. A six month suspension and another six month suspension will then still equal a total of six months of suspension.

When Do "Temporary" New York License Suspensions Begin?

In New York DWI cases, the temporary suspension begins at the time of the initial appearance (usually with counsel present). In either a breath or blood case with a .08 BAC (blood alcohol concentration) or more OR where there was a Chemical Test Refusal (blood or breath) the Judge MUST suspend your license (privileges) Pending Prosecution (while waiting on prosecution).

This suspension time is NOT going to be your final suspension time. You will get no credit for time served on suspension either. For sake of clarity, suspensions are generally temporary and revocations are more permanent but in the world of license privileges they both = NO DRIVING PRIVILEGES.

When Do "Final" New York License Suspensions Begin?

In New York DWI cases, the final suspension (or revocation) begins at the time of the sentencing. In either a breath or blood DWI case OR  a Chemical Test Refusal DWI case the Judge will suspend your license (privileges) based on the FINAL OUTCOME.

DWAI (driving while ability impaired) =        90 day suspension
DWI (common law or .08 or more) =               6 month revocation
ADWI (aggravated DWI .18 or more) =         12 month revocation
DWI (under 21 years old) =                            12 month revocation

This final license suspension (revocation) begins at the DATE OF SENTENCING.

The Uniqueness of the NY DWI Refusal Case and License Revocations

At the end of your refusal criminal case (not the administrative case) you will have one of the above suspensions or revocations. If you have already lost your DMV refusal hearing then you have already been revoked for one year. If you have waived your hearing (given up) by either not showing up or sending in a waiver of the hearing then this time has already begun to run. Some of the time of revocation will then overlap with the criminal court suspension time period and some may not.

The KEY or the trick is to see if you can have as much time run CONCURRENT as possible. As they say, "it's all in the timing." With license suspensions this is very true. For some out-of-state license holders having the time run as close to the initial appearance times as possible may forestall a longer wait to clear up their New York license issues.

Whether or not you care about New York or New York license privileges as long as there is anything OUTSTANDING in New York you will not be able to move forward to any other state. No other state will give you a license or renew a license privilege without a complete clear of New York.

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 480 informative videos on my youtube channel.

When a Permit is NOT a Permission: The International Driver's License Dilemma

Is this worth anything? Fake is Fake no matter what it says!
from iadc-club.com

I live and practice law right down the road from Cornell University. Every year thousands of new students from countries and places far and wide come to Ithaca, NY to study, research, and teach.
In the first few weeks of each new school term our little NYS DMV office on 3rd street is flooded with young people desiring a NYS license and/or attempting to register a car.

International Driving Permits vs. Foreign Driver's Licenses

First, to make things clear, there is NO such thing as an International Driver's License. There is NO world or recognized and sanctioned global organization that issues an International Driver's License.
There are foreign licenses issued by hundreds of countries.

Second, a international (foreign) license and a international permit are NOT the same thing. They sound so similar, and that is what makes it all so confusing. NYS and most states have a special learner's permit (which does give privileges to drive a car). Even the Cornell website (which guides international students) has it wrong (yes, Virginia even Cornell sometimes gets it wrong).

Obtaining an International Driver's License: We suggest that you obtain a current International Driver's License (also called the International Driving Permit) in your home country, if possible, because it might avoid confusion if the police stop you while driving. 

NOTE: It should state get a foreign license and a foreign permit in your own country.

3 Important FACTS about International Permits and Foreign Licenses in New York State.

1. A Permit is Not a Permission to drive when it is an International Driving Permit.

An International Permit is primarily a TRANSLATION. It translates your foreign license into 10 different (recognized United Nations) languages. This is so when and if the police pull you over, ie. stop your car, they can then read and understand your foreign license. One of the most common police stops (motorist detentions) is for speeding. BTW It is very easy to exceed the Ithaca City speed limits.

Remember: 30 mph is the city limit, school zones are posted at 20 mph (most till 6:00PM), and Ithaca College and CU even have many 10 mph zones. If there is heavy foot traffic on Cornell Campus, slower is always better and safer. You can receive a ticket even if driving below the posted limit if the conditions are dangerous (icy/snowy weather) and your speed is UN-reasonable for those conditions.

2. You should always carry three things when driving in New York State:

Your Foreign Driver's License, Your International Driving Permit, and Your INS document (a valid I 94). The INS document I 94 is to show the date you last lawfully entered the United States. It is also an easy way for nonimmigrants to show evidence of a lawful entry to law enforcement.

3. You can legally drive a car in New York State if you have a valid foreign driver's license.

Increased tension and fear can lead to more tickets
from libertariannews.org

Why The Police Often Get it Wrong

The Police Often Give a ticket for Unlicensed Operator to foreign license holders. Many law enforcement officers (troopers, deputies, and local police) do not understand or know that valid foreign license holders can legally drive in New York state or any state for that matter.

That is WHY I recommend that you carry (possess) all of the above documents at the time of driving anyplace in the United States. Terrorist and home security fears are heightened. These days having more documentation of your legal rights and lawful entry I believe are a good thing.

Legally speaking, all you need to drive in New York is a valid driver's license (from any state or country). BUT Police will mistakenly cite, and violate many international students for VTL 509 (1) Unlicensed Operator even when they produce a valid foreign license. That is why having the translation (International Driving Permit) and the INS  I 94 can maybe can avoid that mistake.

What is VTL 509 (1) Unlicensed Operator?

The New York State charge of Unlicensed Operator is a violation level offense. It is non-criminal. 

What will happen if I ignore a VTL 509 (1) traffic ticket?

An unlicensed operator ticket MUST be addressed and handled. If it is neglected, if you do not show up to Court, if you do not answer the complaint against you, if you do not respond to the ticket THEN your driving privileges in New York will be suspended on our computer system. 

The police, the NY Courts, and the NYS DMV all share the TSLED system. The Traffic Safety Law Enforcement Division System. Driving on a known suspended license (or privilege) is a crime in NYS. That is the criminal misdemeanor called "Aggravated Unlicensed Operation." The aggravating factor is "knowledge" of a suspension (even though you are probably unaware of it). 

What are the differences between Unlicensed Operator and Aggravated Unlicensed Operation?

VTL 509 (1) is punishable by fines, NYS surcharge, and even 15 days in jail. Although, it is highly unlikely that someone would be sent to jail for this offense.

VTL 511 AUO (aggravated unlicensed operation) is a criminal misdemeanor. It is punishable by up to one year in jail.

The final big question????

When MUST you legally exchange your foreign license for a NYS driver's license?

If and when you have the mental INTENT to become a "fixed and permanent" resident of NYS then you should get a NYS license. If you (in your mind) still reside in China, or Germany, or Japan, or Korea and you have no desire (or dream) to re-locate and reside here permanently then you do not have to get a NYS driver's license. 

Finally, Being Practical (can you reconcile practical and college student?)

Now to be practical, for the purposes of renting a car, it may be far easier with a NYS license, for purposes of buying, registering, and insuring a car it may be impossible (or costly) without a NYS license.

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

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 435 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

Why You Can't Handle the Truth About DWI Re-Licensure

from growthnation.com
"gotta love this intensity"

I love Jack Nicholson, I love great movie dialogue, and I love big picture ideas. In the blockbuster movie, "A Few Good Men" Jack testifies and uses that iconic line, "YOU Can't Handle the Truth." Well in a great many areas of life people need things to be simplified. It happens in medicine, and it happens in law. Do you really think nerves get "pinched" come on? Yeah, doctors use easy explanations, hence terms like "side" effects, and plenty of "it just works but I can't say how."

In 2012, people are definitely more savvy, more interested, and more open to really learning what the hell is going on. The internet is an open and abundant resource of information. The problem is all this information eventually requires organization and interpretation.

An Object Lesson in Understanding Re-Licensure

Last night I got a phone call from a DWI client. His case was over, but his license or re-license nightmare was still continuing. Post-sentencing in any DWI case people have a list of things to do (called conditions). Some things just don't jibe (make sense) and people can be confused. This occurs more frequently with out-of-state license holders. Just another level of complexity to conquer. try as i might to make things easier, or work out they don't always do. As I like to quip, it's simple but not easy.

Communication Breakdown

Apparently, the communication between the Court and the New York DMV had issues (delays) and because of that his DMV license paperwork was delayed. BTW I had contacted the Court three times post sentencing to remedy this. The clerk did the right computer inputs but the DMV was dragging it's . . .  I tried to discover or uncover what was going on. The good news is that this is not a common occurrence but when it does happens it is not pleasant experience.

First Truth: 

This is one of Murphy's laws, we work and we prepare and still it doesn't all come out perfect. It was just taking more time than it "should." Normal timeline, 2 weeks from the Court to the DMV. Did I say, normal? What happens normally? I have had instances of 6 weeks to 6 months. How often do government things take more time than we want or feel they need to happen?

Was this a Big surprise? The government, the court, and the DMV was taking more time to resolve his license issue. Is anybody chasing after your tax refund? Is anybody looking after your social security check? Another fantasy to believe that this process is always fluid or fluent or quick.

Second Truth:

When it comes to Travel these days, getting Identification, Licensure of any type, anywhere, and all things certification/proof related the government wants (demands) more and more these days.  In the Post terrorist, fear laden world that we live and work in, nothing government document driven is happening fast and easy.

The DMV demanded an Out-Of-State License record (abstract) no more than 10 days old. This led to a domino effect because he was from another state. Because of the original delay by the Court and the New York DMV his abstract (driving history from earlier) was now too old to use. The DMV wanted an official "new" one.

Oh the fun of "Getting Certified Official Sealed Original Records" while living Out-Of-State

Try getting your official license record from another state quickly and easily. The special word is official (as in certified) because getting a record online may be easy but getting an original stamped sealed certified document not so much.

Third Truth:

This is the biggie, New York State Courts (Judges) DO NOT GRANT driver's licenses or privileges.

Yes, we (lawyers) tell people all the time that the Court is going to give you a hardship privilege license or grant you a full privilege back BUT Now the Truth. Courts just take less they don't give anything license/privilege related.

Taking Away Your Delicious Turkey Dinner 

I love Thanksgiving and your full unrestricted driver's license is kinda like the soup to nuts typical November Tgiving meal. All the fixings: Turkey, gravy, mashed potatoes, stuffing, yams, cranberry sauce, apple pie, etc.

In a DWI case, the hardship privilege following a Court Suspension is like taking away your Turkey dinner but leaving you some peas and potatoes. I didn't give you a "hardship" dinner, I left you with a minimum (or minimal) food to subsist. Certainly not a complete unrestricted license but the bare bones minimal (work, school, and medical care) privileges.

When a Court grants you a 20 day license at the end of your case (at sentencing) again they don't give you a license. They are merely placing a STAY (DELAY) upon the DMV mandatory suspension.
A STAY of a suspension is merely A DELAY of a suspension. Again, nothing is truly awarded, it is just not taken NOW!

Nothing is Ever Given, Awarded, or Granted

Only the DMV of any state gives a license/privilege to drive a car. Courts, Judges, and even prosecutors love to say they are giving things but in truth they are merely delaying the DMV or NOT taking everything. They even believe it so it must be the truth, right? That sounds like the government doesn't it? They "cut" government spending by spending less. Like my wife saving me so much money by getting deals at the store. But honey they were on sale so it was like getting it free?

So back to my story, My client wanted me to do something about his license. He felt as though I was a disappointment. I should have (make) the Court "grant" him another 20 day license or privilege. After all the Court and the DMV delayed (messed) up so they should accept responsibility (another fantasy) and make it right. The day I see an insurance company, government agency, or licensing authority apologize and make amends I think we all better check our temperature. It means I must be running a fever because it doesn't happen very often. A nice story but nothing more.

I Told the Truth and I was Not to Be Believed

I tried to explain the madness of his request but alas it was too late. He could not appreciate or deal with the reality of it all. I was much like Jack in that the truth was not going to be accepted or welcomed or understood at this point or perhaps any other in the future. I feel bad when my communication is broken or misunderstood by a client. But then again blogs like this one would not exist but for people who were mad at me and/or the system we all have to deal with.

TWO KEY Takeaways: 

1. When entering (embarking) on your New York State DWI case if you have an OUT-OF-STATE license be prepared to get a copy of your state's driving record (history) immediately at the onset for the Court, for the drug/alcohol evaluation, and for District Attorney negotiations

AND 

2. Be prepared to get a certified (official) copy at the end (close in time) of the matter for the New York State DMV. You will need it to get a post revocation New York conditional license.

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

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com

Ithaca Lawyer Understanding New York DWI Ignition Interlock Devices

Well the IIDs or the ignition interlock devices are here for all first time DWI convictions. Tompkins County is considered District/Region number 2. In little Ithaca, NY there is a monitoring station for the devices set up at one of the auto places on Route 13, also known as Meadow. The company Smartstart is also offering a FREE install (normally a $100 or more) to promote their business.

The law (signed Nov. 2009) began to implemented in August of 2010. It is said that the "Road to hell is paved with good intentions" and ... the idea behind this law has the best of intentions but the actual implementation and practicality of it was not thought out entirely.

It has been a source of both confusion for the Courts and grief to many. The legislature passed the mandatory devices into law but I feel they failed to see the bigger picture. Whereas in the past the devices were sentenced for individuals placed on probation (supervision) and/or for aggravated (high BAC) DWIs and/or for those with diagnosed alcoholism now we have the devices being used on everyone without any Judicial Discretion (a Judge's Decision). They are mandatory for at least 6 months on all DWIs and ADWIs.

In addition, under the new law they must be monitored, re-checked, and information downloaded directly (physically) from the devices every 30 days. In these days where we can talk to people half way around the world in a split second, pay bills without paper, and download books from satellites from the privacy of our bedrooms you would think that the whole having to physically visit with a download site would be old school, as in inefficient and expensive. The monthly charge is around $85...

There are more issues, I call them collateral issues:

Can someone afford the car insurance after a DWI on an IID vehicle?

A father of a young client had his insurance company drop him, and now coverage on the son is being quoted at $1,000 a month, now that's an expensive ride.

If you own or operate more than one car, all the cars require them and require monitoring?

What about if you share the car with someone? Do they also blow into the device?

So we shall see what the future holds?

Ithaca Lawyer How The New York DMV finally enters 2009! Online Defensive Driving Course

I sometimes get excited about little things. Through the passage of time I have witnessed a revolution and evolution in the way law is practiced. When I practiced law in Philadelphia in the 1990s the Courts downtown were still requiring some Complaints (lawsuit) to be "typed" (they supplied old typewriters), and handed in with "carbon" based copies. In the early part of 2001 Philly was only one of a few PA cities that were beginning to process requests for police reports, and the filing of small claims with an online website.

One of the great things about Ithaca, NY is our DMV is small, fast, and relatively quiet. Compared to most big city DMVs it is practical (nice parking) and easy to get in and out of. On most days I can walk in and request a DMV driving abstract for one of my clients, and walk out with one in minutes. So why am I excited today? The NY DMV has finally approved the use of Online Driver Improvement Courses to reduce points and insurance costs. It only took till this year for the NY DMV to enter cyberspace with approved online driver improvement courses when we have been having online degrees for College diplomas for almost two decades. The University of Phoenix has offered online degrees since 1989.

I-PIRP is the acronym for Internet/Alternative Delivery Method Point and Insurance Reduction Program. They also have approved other ADM (Alternative Delivery Methods) such as courses utilizing DVDs, CDs, Video, and Cable.

I checked out the four Internet based and approved DMV course providers.

www.NewYorkSafetyCouncil.com

Cost $48.95, no mention of discounts for students, very basic "chunky" website, this is probably the lowest tech site of the four.

www.MyimprovNewYork.com

Cost $37.95, this one gets my vote for fun and funny, jokes, video, and easy to view website.
Check out this corny joke from my Improv, "S.T.O.P. stands for Slow to Observe Police"
This course is formatted for a 5th grade reading level so you will not be too mentally challenged.

www.idrivesafely.com/NY

Cost $48.95, more advanced website than NY safety council, but still compared to My Improv NY very boring! These courses are all 320 minutes in length, so for 5+ hours boring is not fun!

www.NewYorkDefensiveDriving.com

Cost $49.95 but discounts for seniors, students, military personnel, and Veterans. Very content laden, educational, and easy to use website.

So NOW you can finally spend under $40, and five hours of your life in the comfort of your home to do two important things:

1. Receive a benefit of a 4-point reduction on your NY driving record. See Below for clarification.

2. Receive a 10% insurance discount on your New York auto insurance rates.

Once you complete one of the approved programs (whether class based or I-PIRP) you will receive a certificate and a notice which will then be entered on your DMV driving record, and the DMV computer will automatically reduce your active point total by up to four points.

It is Important to remember that the completion of a course under the
I-PIRP "Internet Point & Insurance Reduction Program" or the class based program does NOT remove, delete, subtract, or erase any violation, conviction, or notice of original number of points from your driving record.

Even after you complete the course, most violations, conviction and points assessed will continue to show on your driving record for up to four years. Violations and convictions involving drugs or alcohol will remain on your driving record for ten years. "Point reduction" only means that the New York DMV will not count up to four points on your driving record toward license revocation or suspension.

The Student's Dilemma ... The Crime of AUO- Aggravated Unlicensed Operation 3rd

Tickets, Court Papers, and Letters from the
DMV Can ALL Get Lost in the Move 
from my footpath.com

One of the most common phone calls I receive is for representation on AUO charges. Often people do not know why they were arrested for this charge. Yes, I said, arrested at roadside. Imagine you think you are just getting a speeding ticket and then Wham, an AUO 3rd.

Under New York Motor Vehicle and Traffic Law section 511, Aggravated Unlicensed Operation in the third degree (AUO 3rd) is classified as a misdemeanor, a crime punishable by up to 30 days in jail, up to $500.00 in fines, mandatory State Court surcharges, and points against your driving record.

Ithaca College and Cornell Students frequently change addresses over the course of their many years of study. These changes in living arrangements may cause them to miss, lose, or misplace their mail. Moving residences also mean lots of boxes of papers, mixing of documents, and resulting confusion. Within the ensuing melee, things like DMV papers, and speeding tickets may be misplaced or forgotten.

btw You must notify the New York DMV of any permanent changes in your address within 10 days of moving.

SEE NY DMV website:

You must notify the DMV when you move to a new address.
• You have a maximum of 10 days after you move to notify the DMV.
• You must report the change of address at a DMV office, by phone, or by mail. You cannot report a change of address by e-mail.
• You cannot change your address when you complete a transaction on-line.

Unfortunately, when you were pulled over (stopped) for some other violation, commonly speeding, or possibly an equipment violation, and then come to find out that your driver's license is also suspended or revoked it may be a shock to be arrested.

Maybe it was because a ticket from years earlier was never paid, or worse a town or village Court clerk never sent the proper paperwork to the DMV.

Whatever the reason behind the charge, it must be dealt with immediately. If you accrue more than one charge of AUO (aggravated unlicensed operation) the fines and penalties increase dramatically, all the way to a Felony AUO 1st, which has a very real potential for jail time.

In the majority of cases I am able to figure out the underlying suspension issues, rectify them with these town or village Courts, request for the Court to allow time to clean the driver's DMV abstract, and then negotiate a non-criminal disposition (usually a violation) with the prosecutor.

Depending upon the underlying driving history this process can range from a few Court appearances to many court appearances.

I had one Cornell graduate student as a AUO client with outstanding fines in three different Courts, hundreds of miles apart, and over a 3 year period of time. In this particular case his roomates never forwarded his mail. Speeding tickets over this long time period all got lost. It took me four months, a dozen letters, and numerous calls and faxes before I was able to help him clear and negotiate all his old charges, and resolve the AUO 3rd charge with a simple traffic violation. His Cornell graduate degree notwithstanding he was infinitely more employable with a valid driver's license.

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