Military Intelligence, Jumbo Shrimp, and New York "Initial or First" DWI Appearances

How can you have more than one
"initial or first" DWI appearances?
Riddle me this Batman?
from brie3po.deviantart.com

How can it be an initial or first Court appearance if I already had one? Confusion over why we need more than one initial appearance with DWI cases aka "the arraignment" is a constant reminder of government inefficiency in action. Your being "arraigned" (noticed) on the charges, and being informed of your rights may happen more than once.

Well, you can have an initial or first appearance with counsel or without counsel. So your first appearance with counsel is technically NOT always your true first appearance in the Court but who's counting anyway?

I have seen this play out at it's worst with DWI refusal cases. If you refused to take a police chemical test of your breath, blood, or urine either expressly or via your implied behavior then at your first court appearance two things will happen:

1. The judge suspends your driver's license or privileges (for out-of-state driver's)
2. Sets your date for a DMV (administrative) refusal hearing. This must occur within 15 days of YOUR initial appearance (with or without counsel).

With a Breath or Blood DWI chemical case your license suspension will generally NOT begin until you are arraigned with counsel present. So even if you have an initial or first appearance without counsel (an attorney) you can usually rest assured that your license or driving privileges are still intact until your NEXT initial or first appearance WITH counsel.

This also gives you a golden opportunity to work with your lawyer to secure or insure or assure your receiving (by request/motion) a HARDSHIP PRIVILEGE Driver's License. Remember that Hardship privileges require the requisite proof to be granted by a judge. Some want more information and some less but you will need to give it to get it.

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 DWI Lawyer Attends The 28th Annual Metropolitan New York Trainer

In the background is one of my favorite speakers of the day, Attorney Jeff Adachi
Chief Public Defender of the City of San Fran, an amazing speaker!

This past weekend I attended the Twenty-Eighth Annual Metropolitan New York Trainer which is put on by the New York State Defenders Association. This year it was hosted at New York University Law School. This grand old law school, has amazing history. It is New York's oldest law school and has been attended by a great many famous judges. In fact our current chief judge, the Honorable Jonathan Lippman (NYU 65' and NYU Law 68') hails from this grand institution. He is working hard at progressive reform and transformation of some of our antiquated New York laws.

Washington Square Park is right across the street from NYU
It is a beautiful park, and I love the marble arch erected in 1895.

I love coming to city. Some things I didn't love were the packed room of 350-400 lawyers, with not an empty seat in sight. The seats in Tishman Auditorium at NYU were from the "before" time with little fold out desk tops, and hard backed chairs. Not comfortable for a full day of seating for us more mature (maybe chronologically but not emotionally) lawyers.

I didn't love the Washington Square Starbucks aka Starbucks at Faye's aka NYU Sbucks at trying to charge me $1.09 for an empty cup. I've been to Starbucks all over the world and throughout the US and have never had such a sour experience. I like to mix my milk separately (call me neurotic). I later found out it is a licensed Sbucks not a corporate Sbucks meaning it does not have to live up to Sbucks focus on service or civility.

I also dined on famous Ben's Pizza at lunch, which gets a 3.5/5 stars, sorry Ben's. I liked the little New Zealand Australian pie shop (the village is cool) called DUB Pies on Mac Dougal Street (Down Under Bakery). I had a spinach feta pie, and a mini apple pie, simply yummy and 5/5 stars. The pies were not cheap (had both for like 8 bucks) but nothing (of any quality) in the city is inexpensive these days. The weather was an incredible 60 plus. Driving back to Ithaca Sunday it was snowing and dropped into the teens (yuck).

What I learned was the bonus:

1. Recent Developments in New York Criminal Law and Procedure in the Court of Appeals.
2. Using Checklists to Improve Outcomes in Criminal Cases.
3. Challenging "Scientific" Evidence.
4. Preparing For and Litigating a SORA Hearing.
5. Summation Choices for Criminal Defense.

I really wasn't expecting the using checklists talk to be so insightful but it was. The speaker is "the" Chief Public Defender for the City of San Francisco. He is one of only a handful of elected Public Defenders around the country. The only city in California to have one, and one of four others in the country. He manages 97 attorneys and 80 plus support staff to assist a city population of a million people with legal aid. He was absolutely brilliant and well organized to task. I plan on implementing many of ideas he shared to better my practice.

All the rooms at the law school are set off with lovely moldings
and fantastic woodwork. I can appreciate the attention to detail.

Continuing education is not about the CLE hours for me, it is about growing me, and as a result my legal practice. Just one good idea can be transformative, and that is always my goal from any seminar, conference, book, and/or audio program I invest in.

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.