Police Radar Not Calibrated DWI Dismissed!

This is a New York DWI case (People v. Clayton) where the driver got pulled over for speeding. The cop testified that he only used radar and that he had not calibrated the unit for six months! Speeding charge dismissed and DWI Dismissed!!

What is RADAR? = A Radio Transmitter and Receiver

Sends out a signal and receives back a signal. RADAR has limitations, and there are two sources of potential problems or error:

1. The Unit itself (was it working/functioning properly)
2. The Operator (any machine is only as good as it's user)


Remember as in all Police Testing if we can't trust the process we can't trust the result!

This video highlights on big problem area: Calibration of the Unit.

There are a great many other areas of shall we say "Inquiry."

1. Vehicle Interference Error

Did they target and focus only on your car, and no other car or moving object? Was there "traffic" on the road besides your car?

2. RFI (Radio Frequency Interference) Error

Car fan blades and moving car parts (heater or air conditioning unit), also known as mechanical interference error.

Radio signals from police radio, CB, walkie talkie, cell phones, radio, and/or any other electronic device.

Poor connections with any electronics in the car or the unit can cause electrical bleeps and shorts.

Lights in or out of the car can bring on a false reading as well.

3. Calibration by Tuning Fork

The RADAR unit should be calibrated (checked for accuracy) both before and after a speeding ticket is issued. Many law enforcement officers only check the unit at the start of their shift and at the end of their shift. This does not ensure that the unit was properly working at the time of a specific ticket (driving infraction).

If the tuning forks are too hot or too cold they will not accurately calibrate the RADAR unit either.

There are a great many areas to challenge with any ticket but in particular with a speed related infractions. In New York State the standard is for the police to prove that you were speeding beyond a reasonable doubt.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

607-229-5184

http://www.ithacadwi.com

Can Speeding Violate a New York Conditional Discharge?

The most common New York sentence is the conditional discharge. It is most commonly given for one year, and has a specific set of terms and conditions. A CD in NYS is like no other, so don't try to compare CDs from anyplace else. It happens after you are convicted. Think of it like probation without a probation officer to check up on you. You monitor and supervise yourself to complete and perhaps provide proof of completion of obligations.



For a DWI CD, it may mean you need to complete the Impaired Driving Program, have an IID (ignition interlock device) on your car, and stay out of trouble for the year.



If people get into trouble in that one year they can be brought back to court and re-sentenced on their charge. The new sentence can include jail and/or real probation (with a probation officer).

But what does it mean to stay out of trouble with a NY CD?

NO new arrests (legal arrests)

NO new criminal charges (misdemeanor or felony)

NO new charges relating to higher level violations (harassment, disorderly conduct)

NO new charges relating to drugs and/or alcohol (Unlawful possession marijuana, public intoxication)



By itself a moving violation or speeding ticket will NOT usually violate a CD in NY. But if you receive along with that moving violations other charges, these may violate.



Reckless driving is a misdemeanor (crime) in NYS

AUO (aggravated unlicensed operation) is a misdemeanor or felony level offense as well



These will violate a CD. Discuss your situation with a local lawyer to weigh your options with any conditional discharge violation.

Ithaca DWI Lawyer: Can The Police Cherry Pick Speeders?

Police can and do Cherry Pick

Most people have this thing about stuff being fair. As in, that's not fair or that is fair or the latest expression "fair enough." Is anything really fair enough? Isn't fairness really arbitrary? Is there any set level or standard for fairness?

We in the business of criminal law and the defense of those charged with crimes and violations have people ask us about fairness. Is the prosecutor being fair? Is the judge being fair? Or are they generally speaking fair with fines, punishments, and how they treat people?


When it comes to police charging people fairness moves into a whole other category.

Can the police decide who gets charged with a crime and who does not?
Can the police "cherry pick" their speeders out of a bunch of cars?
Can they write down a lower speed or even a non-speed ticket for a speed stop?

Ithaca DWI Lawyer: How Do Police Prove It Was Your Car Speeding on Radar?

Our Upstate New York law practice puts out lots of videos and blog posts about the defense of tickets and DWI. I think understand the legal process and how things work practically helps people make "informed" decisions. Because of that we get lots of questions concerning speeding ticket defense.

A recent inquiry went like this, Hi, my name is Ryan.

I saw your video called "How Do Police Prove You Guilty of a New York Speeding Ticket?"

It is a great video that helped me better understand the laws, good job!

However, I am curious about something.

When an officer uses a radar gun to determine your speed, how do they prove that they were measuring your vehicle's speed and not of another nearby? (emphasis mine)

Ithaca DWI Lawyer: Ithaca Starbucks Grows Up, We are a Reserve Store and Have a Clover

Try the Clover, It is Amazing!!

In all my years practicing law in Ithaca our one local downtown Starbucks has remained a regular Starbucks but homey. In recent months the downtown Starbucks has gone through a metamorphosis. First, my disappointment going to the the Collegetown Starbucks store this summer. I always walk up the hill as a meditation of sorts but never went into the store there. To my surprise they don't serve much regular (drip) coffee. NO bold coffee for us older folk at this Starbucks. They serve mostly drinks I'm told so pour over I go when there. No drip coffee so NO milk/creamer bar either, what?


Then our downtown Hilton Starbucks got remodeled, soft comfy chairs and lounge tables are now gone. In their place are now perfectly lined up and cold chairs and coffee bars with more space for more people but we did lose something in the process. The feel of cozy is gone but it is a big grown up Starbucks now. It has also graduated to a Reserve store with a Clover. Ah the Clover, magical machine that it is. If you don't know the Clover then you haven't had a crazy good cup of coffee.

Ithaca DWI Lawyer: The Triad of Fatality: Speed, Drugs, and Distraction

A recent NHTSA (National Highway Traffic Safety Administration) statistic highlighted a huge rise in the number of fatalities on our roads today. In the past two years deaths are up 14%. That is huge increase, and you would think in this day of modern smart-cars (much like smart phones) with anti-lock breaks, automatic breaking, lane departure warnings, heads up displays, and traction anti-skid/anti-slip control, all wheel drive, symmetrical steering, now I'm just making stuff up, but anyway why?

Why do we have such an increase across the board in road accidents and deaths?

Ithaca DWI Lawyer: Why New York DMV Points Don't Matter to Out of State Drivers?

People are obsessed with Department of Motor Vehicle points. They call or email us and the first thing they want to know is, how many points is my ticket for? and then, can you get me a no points ticket?

When I tell them if they are from another state other than New York that points often don't transfer, or that they often don't have any nationwide uniformity or that their car insurance company doesn't care about them, they are confused.
If you have get a New York moving violation, and you are from out of state read on to learn the truth about NYS DMV points.

When does a Bad Driving Record Become Good?

Driving Histories Can Stay With You
Longer Than Criminal Records

I was recently asked by a person with a DWI (less than 2 years ago) what should they should answer on an employment application if they are asked?"

"Do You have a Good Driving Record?"

My answer: I think it would depend upon the job and duties. If it were a job that involved driving, then my answer might be never. The DWI/DUI/OUI is going to be there on a background check for a long time. In NYS it would be there on your lifetime DMV history for your lifetime. In other states like PA, it's at least 10 years, and even then with a little digging or the government it wouldn't be hard to find it.

Why, possibly NEVER?

An employer is concerned about their insurance costs overall. The cost of getting you insured under a corporate auto/truck policy may be ridiculous. If someone had merely speeding tickets and/or other moving violations then these would be more time dependent (how long ago), and age dependent (how old were you then, how old are you now). Things that happened when you were in your teens or early twenties may be forgiven by the time you reach your thirties.

NYS Plea Bargain Look Back Periods

For plea bargain purposes on new tickets and/or moving violations the usual prosecutorial (District Attorney) look back period is 18 months. The NYS DMV holds stuff against you on points and/or speeds for 18 months as well. BUT caution thinking you are safe after 18 months because with more serious traffic offenses accumulated over time, this 18 month look back may not even matter.

Serious Traffic Infractions

Speeds of 15mph or more
Reckless Driving
Unsafe Lane Change
Following Too Closely
License Suspensions and Revocations

What About Cleaning Your driving Record in States with Youthful Offender Status (NYS), ARD (PA), Expungement (PA), and Sealing of DUI/DWI/OUI Records?

NYS has special YO (youthful offender) status for crimes committed before the age of 19. DWI criminal convictions are vacated, and closed for public scrutiny BUT your DMV license history will still show the DWI.

PA has ARD (accelerated rehabilitative disposition) which will get rid of a first DUI criminal conviction and expunge it from your criminal history BUT your PA DOT license history will still show the DUI for 10 years.

Administrative Histories and Punishments Will Linger for a Long Time

Remember that even in states that clean up criminal court histories, and records your driving history is another story. License records and histories will always reveal Administrative sanctions. With national internet databases these records will reveal past license suspensions, license revocations, and actions.

As they say, "time heals all wounds." 

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 Lawyer Whose Definition is It? The Lie of Truth

Ain't that the Truth
from yalerecord.com

What is the truth about anything? People love to argue over what is and what is not. Definitions come from someone and they come from somewhere but who, what, and where?

Well first off, how something is defined is by more than just one filter but many:

the filter of place (a state, a jurisdiction, a city, a country, a locality have you),
they are also defined by a filter of time (a date),
they are defined further by a filter of culture,
and even further by a filter of personal perspective.

So what we may believe is good or bad, black or white, or variants of legal or illegal, or fair or unfair must pass through all of those filters. What was true yesterday may be untrue or false today. What was good before is now ok or even terrible.

I recently had a person hire me for an appearing simple ticket matter which became more complicated as I learned more of the circumstances surrounding it. As they say, the plot thickened. I was eventually left trying to explain why with all these "new" facts things would be harder.

Complications from Afar

Well their driver's license was from another state. This is usually not a terrible problem with a simple ticket but their state considered any action to their license privileges in New York would also bring the same action and much worse back home. This simple ticket could not be handled without a sit down or two with the District Attorney and Judge. We call these pre-trial conferences.

This action against it in that other state would be on top of any NYS penalties. I was not going to practice in a state where I was not licensed. So I called a lawyer friend in this state, and asked their legal advice. The news was not good or promising. I would have to flex my creativity muscles on this one.
Being creative to package a deal which may or may not have included increased fines, community service hours, a defensive driving course, pleading to multiple smaller violations with lesser points, or nondescript violations or what have you. A deal of sorts.

The Difficulties with Being Your Own Lawyer

I went back to the client, and their parents to relay the news. They first accepted it, and then they decided to do their own legal research. Well not really legal research more like trying to read their state's DMV handbook. Now remember a DMV handbook is NOT the law, it is a watered guideline. It is not even all encompassing or legal speak (definitions).

The difference between understanding law and legal process for a novice is hard enough but to compare a truly unlisted offense with a seemingly similar one is not something that even a lawyer would try and do.

The Bottom Line: Offenses which go beyond standard definitions need local practicing attorneys
for explanation, for context, and for guidance.

The Curse of Knowledge

Sometimes being smart can truly be a curse. I suffer the same fate, thinking that I am smart in some ways and things and then thinking that that I can apply that brain power to other disciplines, ahhh wrong! I have learned to trust the judgement of others. Especially those I hire and have no reason to doubt.

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

Oh the Dangers of Upstate New York Speeding with an Out of State Driver's License

Shooting them there FISHES
from odditycentral.com

I handle lots of speeding tickets in the Upstate (Finger Lakes Region) of New York. Many people from other states pass through this area on business and pleasure. Whether you are here for a few hours or a few days the likelihood of getting stopped for speeding is high. This is especially true for those from out of state. To the Troopers, it's like shooting fish in barrel.

Round' em Up
from toptenz.net

Wide open expanses of highway and rolling little roads where the speed limits are far lower than they need to be. People coming from bigger (more populated) places just can't help themselves. It's a little too slow, and a little too quiet for the majority of them.

One thing that always must be taken into consideration before discussing a plea bargain with the District Attorney is what's going to happen back in their home license state. Because, Well it can range from nothing to a lot. Talk about diverse and crazy laws.

If you are from New Jersey, ANY out of state points (from out of state tickets) come back to New Jersey as only 2 points. Get 8 in NYS it's still 2 in NJ.

But if you are from North Carolina, it's as if it occurred there, in North Carolina.

High speed tickets (15mph over the limit) are misdemeanors in North Carolina with mandatory driver's license suspensions. This is a good thing for your attorney to know BEFORE going in to discuss any potential plea bargains or deals. It would be a bad to find out your NYS speeding ticket had triggered a surprise NC license suspension.

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

Ithaca Lawyer Can the Police Take Away Your Driver's License?

I occasionally get a call that the police have taken away someone's driver's license after a traffic stop. Now the stop may have been for a DWI or reckless driving or maybe even for a crazy speed. BTW "Crazy" can be as little as 90+ Upstate, I know that may sound ridiculous to those from New Jersey and NYC where people regularly travel at the speed of light.

Most people believe at that point that they do not have a driver's license (or a privilege). Well do they?

SYMBOLS (documents) Versus PRIVILEGES

Well you don't have the ID, the symbol of the license but the underlying privilege is still there. The police do have great authority, discretion, and power but what they do not have is the ability to take away driving privileges.

That can come from a Judge or from the NYS DMV but a police officer on the street can only hold your license not take the privilege away. Once a privilege is taken away you need to sign a document that you have received NOTICE and that you can now have a HEARING to dispute the taking.

This process of NOTICE and a HEARING is minimum DUE PROCESS. Things can't be taken without due process, because it's unconstitutional. You have a right to know what is being taken, why it is being taken, and an opportunity to challenge the taking.

As an aside, always be polite and respectful with law enforcement. It is never a good idea to be a smart ass or play games with them. Best to be mature, do not answer questions without an attorney present, and clearly request an attorney. Whether you should perform or submit to any type of testing is a topic to explore on my other blog posts and videos.

http://www.ithacadwi.com

Ithaca Lawyer: Can You Drive on a Foreign Driver's License with a Suspended New York State Privilege?

People confuse physical documents with actual privileges and protection daily. Just because you have an insurance card does not mean your insurance is in effect and valid. Just because you have a driver's license from a state does not mean it allows you to drive in that state or any other. Just because you have any document from any country does not mean that the paper carries any weight anywhere BECAUSE it is what is behind and in back of the documents that give (or imbue) them with any power or authority.

A Driving Privilege = A License to Drive 

If you drive in the state of New York, and
you incur a violation, and
you DO NOT address it (deal with it)
then you will most assuredly be suspended.

YOUR PRIVILEGES TO DRIVE ARE SUSPENDED ON THE COMPUTER.

You are now in the system as a violator who is irresponsible. This is sometimes referred to as a person who is a SCOFFLAW.   A person who SCOFFS the law.

It is an old prohibition term (1920 to 1933) for those that used to drink during a time when our country made alcohol illegal. Thank god that's over, but anyway, it is a person who doesn't follow the law. It is a person who "mocks the law or ridicules the law or flouts the law or fails to answer summons or pay fines."

If someone comes to New York from any state or nation they can drive on the license from that place legally. They will be afforded NYS driving privileges.

They may choose to apply for a NYS license or permit but regardless IF they violate the law they must comply or else they lose their privileges. Their license from any other place is now worthless here because in NYS the person with their name, date of birth, and social security (if any) is NOW a Violator, A SCOFFLAW.

SCOFFLAWS CAN NOT DRIVE LEGALLY.

If a scofflaw drives and is now stopped by the police they will then be charged with AUO 3rd.
Aggravated Unlicensed Operation of a motor vehicle in the 3rd degree, a criminal misdemeanor.

 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 Cortland Lawyer How Do the Police Know if YOU were Speeding?

Speeding tickets and upstate New York are kinda like franks and beans, they just go together. Wide open spaces with two lane roads make for easy speeding. Coming from the cityscape to the country scape sometimes doesn't allow for a real slow down.

What a dichotomy of sorts?"city folk" in the country

from http://readingandwriting3udenar.wordpress.com/

Slow down your speech, your thinking, and most of all SLOOW down your car. Whenever I visit the big city it amazes me how fast people drive. It's all relative, this fast and slow stuff. But cars on the New Jersey and Pennsylvania turnpike just haul a-- and I guess the cops can't keep up with them all.

Well on our big interstates like I-17/ I-86 and smaller state routes like 96 and 79 they do keep up with it and they love to pull people over especially those from the "big" city. Teach-em a country lesson, be safe in these here parts, ya hear?

Police Use Three Methods the Gauge Speed Upstate

1. Pacing

This is really Simple, they follow you or at least try to follow and keep up with your car. Hopefully they have an accurate speedometer in their car. If they need to go 90mph to catch up to you then you are going too fast.

2. Visual Estimation

They just look at your car, and they can tell how fast you are traveling based upon their experience and training. The best method is to pre-measure distances between local landmarks like light poles, trees, and signs. Then they clock your time from one landmark to another landmark. Remember miles per hour, speed is to distance.

Big Take Away: SPEED is a RELATIONSHIP!

The Easy Math of Speeding Tickets

5,280 feet in a mile
3,600 seconds in an hour

45mph = 66 feet per second
55mph = 80 feet per second
65mph = 95 feet per second

So the police officer/trooper/deputy testifies to it taking you X seconds to travel from this pole/sign to this tree and he knows that is a distance of Y means you are traveling = faster than the speed limit.

3. The Big Gun: RADAR

Usually any speed estimate by Pacing and/or visual estimate will be backed up by the gun (the Dual Stalker) is our latest upstate Trooper toy. Is RADAR always accurate and correct, no but often it is.

I'll save that for my next blog and video, challenging the dreaded RADAR gun.

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.

Respecting the Triad of Drugs, Weather, and Weapons

What comes around goes around!
from mindreadersdictionary.com

My father was a great teacher. He taught me to aim high, and to be responsible. He also only demanded one thing from me: RESPECT. He believed that if I respected him then a natural consequence would also be self-respect, respect for others, and respect for the world around me. I have respect for the system of justice we live under. I don't always agree with the law or Judges or some of the prosecutors I argue with but respect is another matter entirely. Authority and position deserve a measure of respect regardless of personal prejudice and political views. Respect goes along way both in and out of the courtroom.

I also think we should also have a healthy respect for three things: weather, drugs, and weapons. 

Weather 

People go out in the ice and snow believing that all wheel drive and snows can somehow overcome the laws of physics. Weather can truly knock you for a loop, and deserves to be respected. Especially in Ithaca, the weather can go from bad to worse in a very short period of time. If not, proceed at your own risk.

I like the drugs bunny
from drugsrus.wordpress.com

Drugs (legal, illegal, and prescribed)

Small quantities of drugs alone or in combination can create physical and mental states of impairment. Sometimes the same drug or drugs on a different day and time can have a wildly different effect. Not respecting the power and risk inherent in the taking of these substances is foolish. The first thing that most drugs affect is our ability to think and judge risk. 

Small but dangerous
from global post.com

Weapons

A small knife or gun can cause great damage. People tend to underestimate the power of a weapon.  

So the power of respect should not be taken for granted, not toward people, weather, drugs, or weapons. Your understanding of this principle can be a life changing experience.

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 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

   

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

New York Traffic Court Clerical Error, When a Good Thing Goes Bad

Easy to Get it Wrong from cadred.com

I was listening to that Drake song, "Doing it Wrong," love them great lyrics and thought about a recent
Good Thing Gone BAD! It wasn't with my wife (thank G-d) but with a Case and a Court.

It May Not Be the End of the World BUT Why Clerical Errors Suck 

I started out representing someone for speeding through a school zone, usually this is a no win, as in nothing to do about this one. These types of tickets I always promise Nada. But in this case, and in this Court, I was able to show the prosecutor and the Judge a perfect driving record of 20+ years, a professional person with no history of anything whatever.

The Reduction from Heaven

They offered a reduction out of the school zone, and down to 5 mph over. BTW prior results don't assure future results. I was ecstatic, and more importantly my client was thrilled with this outcome.

I placed the plea offer into the Court with a letter of confirmation, signed by the prosecutor, and requested a final fine notice. I received the proper confirmation and even a final Court certified disposition. What more could I have done? I also called to confirm all of this.

Meets the Court Clerk from Hell

They still screwed up! Someone, some clerk entered it wrong into the computer. Entered the original speed (double over) and in the school zone. I found out because my client received the NYS DMV driver responsibility surcharge notice demanding a $100 a year for the next three years, yikes!

Today I will contact the Court to rectify this. Is this the first time a Court clerical error has occurred? Are you kidding? Good Things Gone Bad are a daily grind. How many people over the years have lost driver's licenses to clerical errors? Countless.

Imagine all those lost souls who just send in their tickets and money without keeping copies or proof.
Watch my Three Things YOU Must Do if You Are Going to Handle Your Own Ticket here:

That is why sometimes handling your own matter can be dangerous. Clerical errors can last for years in the system and take countless hours and letters to correct. Trouble is it seems that even seasoned (mature) attorneys can't avoid them.

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 95% 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 425 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

Ithaca Cortland Lawyer New York's Evil Triad: The DMV Classifies Serious Traffic Offenses

From broomedocs.com

When I think serious I think like "Serious" with a capital S. As in Lethal (deadly) like bleeding, As in hypothermia (getting cold), As in emergency, As in comparing truly serious offenses with minor offenses (like those with jail as a consequence and those without jail as a consequence).

BUT Under the New York State DMV Vehicle and Traffic Law (the VTL) Serious is defined differently:

The TRIAD of Serious Traffic Offenses (aka Serious Traffic Violations) include:

• Unsafe (moving from) Lane Change NYS VTL 1128 (a) 
• Speeding 15 mph or more NYS VTL 1180 (d)
• Following Too Closely NYS VTL 1129 (a)

NOT included is Reckless Driving VTL 1212 (which is another STO) but is classified as a Misdemeanor (crime) under NYS law. The above are all Violation Level (non-criminal) but SERIOUS.

The Consequences of Convictions of these SERIOUS Offenses:

• Insurance Rate Increases (under NYS law for up to three years)
• Potential Driver's License Suspensions for accumulative violations
• Increased Dangers and Sensitivities to CDL (commercial driver license) holders
• Points, Fines, and NYS DMV Driver Responsibility Assessment Surcharges

Talk to/consult with an attorney before pleading guilty to any SERIOUS traffic offense. The potential collateral damage may warrant the cost of hiring counsel. 

In other words it may PAY instead of COST to hire a lawyer.

Reviews of Larry Newman:

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

Lawrence Newman, D.C., Esq.

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

Why oh WHY is the DMV Not Giving Me Back My License After My DWI?

After representing and defending hundreds of people for DWI and traffic charges over many years one thing remains the same, the Commissioner of the NYS DMV can be much like the Wizard of Oz.

Much like Dorothy , , , Sometimes they (the DMV) withhold privileges, and I am left wondering why? Is it one thing? Is it a combination of factors I fail to see or my client failed to disclose? Is it something we can remedy? What do they want? What do they now require? I can guess or I can call them up or I can send them a letter.

Should I Follow the Yellow Brick Road?

"What? I'm still revoked?

Sometimes they will tell me and sometimes they just deny without an explanation, except to say at this time we are not "extending" privileges.  So we can "apply" again in the future. After time has passed, or my client has completed a program or programs?

I have seen privileges to drive withheld "indefinitely" after DWIs, reckless driving charges, vehicular assaults, after my client was found guilty of both DWIs after a trial, and after medical suspensions. The reasons to deny a license or reinstate one are endless. Usually it is based upon a combination of factors, a set of circumstances, and/or a history.

Of the situations of indefinite periods of license revocation that occur I usually encounter one of two things: Negative Units or History of Alcohol Substance Abuse.

Note: I am not getting into the multiple DWI reason for withholding a license as that is usually a given (easily explainable, understandable, and defined in law).

What are Negative Units? 

1. The NYS DMV has a special system in place that is largely unknown by most attorneys and lay people. Under 15 NYCRR § 136.6 DWs, some traffic offenses, and accidents are not assigned the traditional "points" against your license instead they are assigned just "negative units" by the DMV.

Easy Formula: More Units = Less Safety = No License

15 NYCRR § 136.6 is a "safety factor" section of NYS law that specifically assigns "negative units" to different offenses/accidents/DWs. This is part of the record that the DMV Commissioner looks at if they are considering giving you back your license to drive. BTW things like reckless and speeding get assigned points and negative units. So a double whammy of trouble. Everything "bad" driving/behavior related can cause an uptick on your safety factors. In this instance more is not good but bad with a capital B.

The Surprise 

People are often confused after completing all the NYS programs that they are denied reinstatement of their license/privilege. It is likely that if you have too many negative units (more than 25 pursuant to Under 15 NYCRR § 136.4(a)(3).

If you are revoked for a DWI for example, maybe 2 DWs in the same event, and you have other driving offenses when the revocation period ends you apply for your license back. The DMV doesn't give you back your license because you have too many negative units. The six month or one year revocation or the ability to get it back after taking the DDP never happens.

Do You Have a Drug/Alcohol History?

2. The second major reason not to reinstate privileges is if they classify you as a person with a history of Alcohol/Substance Abuse. The NY DMV also states that any driving record (abstract) with 2 or more "alcohol" related charges (could be a DWAI or DWI) within 10 years and boom, you now have a history of alcohol abuse. This is further defined in Part 136.1 (b) (3) of the Regulation of the Commissioner of Motor Vehicles.

Getting it (Your License/Privilege) Back After Being Classified

So to get your driver's license back after having 2 incidents within this 10 year time frame you MUST fill out and file DMV form DS-449, and submit evidence of either rehab (following an OASAS eval and follow up recommendations) OR a clean bill of health (ie. after a drug / alcohol eval no further treatment is necessary. Form DS- 449 is called "Alcohol Abuse Rehab. Program Summary."

Reviews of Larry Newman:

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

Dr. Lawrence A. Newman

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

newman.lawrence@gmail.com

http://www.ithacadwi.com