Showing posts with label owego dwi lawyer. Show all posts
Showing posts with label owego dwi lawyer. Show all posts

Tuesday, July 4, 2017

Ithaca DWI Lawyer: Milk is NOT Always Milk

I love cashew milk even if it's NOT milk
from latestvegannews.com
I get a kick out of all the things people, companies, and even national organizations argue about. Lately it's all been about Milk. Is Soy Milk milk? Is coconut Milk milk? Is Cashew Milk milk? Or is the only thing that is really milk the stuff that comes from a mother animal's teat? Can it be that we have come to a point in vegan time or vegetarian time when we quibble over definitions?

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


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

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

Thursday, May 18, 2017

Cortland DWI Lawyer: Prosecutors Weigh In on Early Interlock Releases

All DWIs in New York State have a mandated (must do) ignition interlock device install at sentencing. Technically it must occur within 10 business days from the actual sentencing date. This has been NYS law since 2010. What that means is that all judges must order it as a condition (an obligation) at sentencing of each and every DWI and aggravated DWI in New York.  With the majority of DWI cases receiving a CD (conditional discharge) this is the primary and main condition.

It has to be ordered for a minimum time period of ONE YEAR. It can be ordered longer than that BUT one year is the absolute minimum.

What is the process to get an early release from the ignition interlock condition?
Are there ways to speed up the process?
Are some courts and/or judges unwilling to even entertain early releases?

Tuesday, May 16, 2017

Ithaca DWI Lawyer: Negotiating a Case Ain't Like Anything Else


Maybe people are under a mistaken impression that criminal case negotiation is like other types of negotiation, quite simply, it ain't. In other types of negotiation you can just walk away. As in No Sale today, but if it's criminal charges you are facing then that's just Not an option. You can't just look elsewhere or take a break or come back with a lower price, no.


How do criminal case negotiations work?
How do older defense attorneys size up a plea?
How do you really know if you got the best deal possible?

Sunday, July 27, 2014

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



Friday, February 14, 2014

Ithaca Cortland Lawyer What is Basic Due Process for Criminal Cases?


Due process can be viewed as a hodgepodge of your fundamental rights but without getting into all the legal mumbo jumbo,,,

DUE PROCESS consists of two main things: NOTICE and CONFRONTATION

When one of three things are being threatened by the government or any of it's branches (like the DMV):

1. Actions against your Property
2. Actions against your Personhood (liberty, freedom)
3. Actions against your Privileges (license, rights)

In other words they (an administrative body: IRS, DMV, DA) want to take something away from you.

YOU should get at a minimum the ability to be NOTIFIED of what is being threatened with loss and why it is being threatened with loss.

Notification should come in advance of the taking or loss.
It is notice which places you on guard to mount (prepare) a defense. It allows you the opportunity to get advice and guidance from an attorney versed in what they are threatening.

In the case of a DWI these would be the SPECIFIC CHARGES against you and the PC (probable cause) of what they are alleging you did. Drive recklessly or in an unsafe manner while being under the influence of drugs and/or alcohol. Legally PC is merely reasonable and trustworthy information that you did something.

Your Confrontation to these charges under Due Process assumes three basic forms:

1. You can Challenge the proof or evidence (blood/breath/field side TESTS
2. You can Confront those Accusing you directly (in a DWI the police are the accusers)
3. You can Contradict their proof with your own evidence and testimony (including witnesses)

So you can cross examine the police and/or lay witnesses as to their tests, their bias, their prejudice, their experience, their training, their actions, their inactions, and their observations.

You can bring in your own expert and lay witnesses to testify and to present evidence.

You can choose to take the stand on your own behalf and tell your side or version of the story.

Generally basic due process is a given in the United States. How much or how little of it you receive will mostly depend on what is being threatened and by who. Your highest level of due process will come when facing criminal charges, higher still a charge of murder (a capital offense).

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:



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.






Wednesday, February 5, 2014

Ithaca Cortland DWI Lawyer Does the Judge Have to Agree to the Plea Bargain?


Plea bargains are a way that the majority of criminal and non-criminal cases are resolved. The percentages around the country hover around the 94% to 95% mark both statewide and federally.

BUT every plea bargain involves a Judge as well. It just doesn't involve your attorney and the DA (or assistant DA). Some Judges will give their blessing to any deal that is struck between the government and the person charged. Some Judges get very involved in the process and carefully review every deal as to fairness and justice. Some place their own bias and prejudice onto every deal.

Throughout the state of New York there is wide latitude on not only punishments but the Judges dishing them out. Legal punishments are in the ultimate discretion of the local Judges. They are elected to their positions. Depending on your location these punishments vary from place to place.

Watch this video to see why knowing the players are as important (if not more important) as knowing the game!


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:



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 What Does Any Legal Sentence Really Mean?


Legal sentences are sentences (punishments) allowed by law. Remember that in New York State Judges are given wide latitude to punish people. New York is an old common law state with many laws stretching back hundreds of years. We have over 6,000 little town, village, and city courts. They dote the landscape over hill and dale.

Under our statutes even for a speeding ticket (a non-criminal) violation under NYS VTL (vehicle and traffic law) section 1180 you can be sentenced to up to 15 days in the county jail. In fact, for the majority of our traffic offenses, all non-criminal you can get up to 15 days in jail:

VTL 1160 (a) Improper Right Turn  up to 15 days in jail
VTL 1160 ( c) Improper U- Turn     up to 15 days in jail
VTL 1128 ( c) Failure to Use Designated Lane   up to 15 day in jail

and it goes on and on,,,

How often do I see people being sent to jail for speeding? 

Rarely, I have seen a few motorcycle cases with speeds in excess of 100 mph that got a weekend but generally NO! Traffic infractions rarely land people in jail but the power invested and entrusted to the bench is huge.

ANY Legal Sentence has Lots of Weight

But the main point is that ANY LEGAL SENTENCE on a New York misdemeanor (a crime) means up to a year in county jail, or up to three years of probation supervision (monitoring), and fines, and surcharges, and with some Judges community service hours, and with some Judges drug/alcohol assessments and programs, and the list goes on and on.

KEY TAKE AWAY: 

What is allowed (legally) in terms of punishments under the laws of the state of New York is huge!

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:



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 DWI Lawyer Why is Pleading Guilty NOT the Same as Being Found Guilty?


In a prior blog post and video I explained why pleading guilty to a charge or being found guilty of a charge are UNDER THE LAW =

In this blog and video I give the one big difference between pleading guilty and being found guilty.

If you agree to plea to a charge or charges then you will receive something in return for making less work for the Court, the Judge, the County, the prosecutor, i.e. the system. What you will receive is usually two fold:

1. Leniency

A lighter sentence of punishments. Maybe no jail, or no prison, or no probation, or self monitoring and treatment of a mental and/or chemical issue. Ease of complying with any imposed penalties, maybe weekends in jail or community service.

2. Less Charges (in total) or Lesser Charges

At the start of most cases the prosecutors and the police will charge with the highest levels possible under the law based upon the best perception (view) of their evidence against you. Your deal/plea bargain/agreement will take into consideration lesser charges or lesser number of charges.

Without a Plea Bargain in Place All Bets are Off!

Prosecutors and Judges will likely punish harder and more with a challenge to the evidence. Pushing them to what they believe to be an unnecessary trial places your future in the hands of a jury as to guilt or innocence BUT if they decide guilt then the DA and the Judge are under no restrictions. each situation is unique but your EXPOSURE must be considered by you and your attorney.

Whether this is fair, just, or right is not for this blog post. The reality is this, you make things harder for them watch out.

KEY TAKE AWAY: 

I believe there is a time and place to challenge just about everything but it must be given ample consideration with weighing out benefit and detriment to choices.

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:



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 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:



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.

Thursday, November 7, 2013

Arrested for a DWI? Do I Have to Tell My Boss/Job About it?



Delivery Driver with a NYS DWI is a deadly combo
from ondeck.biz


As an Upstate DWI Lawyer I get this question a lot, Should I tell my boss about my DWI arrest?
OR Do I Have to Tell My Boss about It?

The fast answer is, No,,,

Unless you have to drive for your job and deliver goods and/or services. Because for the first 30 days after your initial appearance you will have your full driving privileges suspended (called the suspension pending prosecution for .08 or more).

For those with jobs that require driving for the job, as in delivering or visiting/consulting with clients/customers you are not going to be able to drive for those reasons. The hardship license privilege to be awarded by the judge will strictly be for TO and FROM a job or job site NOT FOR work purposes. So if you are a plumber or an electrician or a salesperson or a social worker or an accountant or account representative or a delivery driver of any type you can not do your job. You can not visit with multiple clients or deliver goods or services door to door so to speak.

After the first 30 days you can apply at the NYS DMV for your conditional license. This will then give you the ability to drive for your job and consult and sell and drive a delivery truck.

So back to the original question, if you are one of those people who need a license to go "door to door" it is likely that you are going to have to tell your boss. Some companies will change your job for the first 30 days, some will give you inside work, and some will just lay you off (temporarily or forever).

A Potential DWI Alternative License Solution

There is one other thing that may be able to be able to be done by an attorney. If you can get into the DWI case early enough, before the suspension pending prosecution by the Court/Judge, before the initial appearance then maybe there is another solution.

The World of Many, Many Ifs

If you can be proactive, 
if he can get all the Court/DMV paperwork together,
if he can reach an agreement that is agreeable and fair based upon your situation and the facts,
then maybe your DWI charges could all be sorted between your attorney, the DA (District Attorney), and the Court to resolve your case completely at the initial appearance.

Remember this is not the best way to proceed with every DWI case. Every situation must be looked at completely as to the specific facts and the potential criminal defenses to the charges. But for some people this is a way to save their jobs, to save their ability to drive, and to bring much needed relief to a tense situation quickly.


The 9 Most FAQ About NY DWI, here:


The New York Up State DWI Survival Guide, here:


Winning The NYS DWI Refusal Case, here:


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

Sunday, May 5, 2013

Tioga Lawyer: Ending Court Confusion: Owego Town Court vs. Owego Village Court

Many of the upstate New York cities have two courts. Usually one is called a town Court and the other is called a village Court. Are they really different in terms of legal authority? No. They are based upon the town's geography and history. Each Court has it's own jurisdiction (control and authority). If a crime (violation) occurs in one area it is a village matter, if in another it is a town matter.

In Ithaca, Cornell Campus, straddles both the town of Ithaca and the city of Ithaca geographically. It matters less whether you are arrested by the Cornell Police or the Ithaca City police, what does matter is the specific location you violated (or allegedly violated) New York state law.

Owego Town Court is in Apalachin, New York NOT Owego, New York

I have seen people google the city addresses and confuse their correspondence (responses) by mail and fax to the courts. I have also seen them drive hundreds of miles to the wrong Courthouse. They are easy to mix up. In a few of the places I go, like Candor, New York, they have both the town and village courts together. Both Judges sit next to one another, only feet apart, within the same courthouse.

Within the Town Courts we may also have more than one Judge. We may have a day court, and a night court. A day Judge and a night Judge. Some Courts, like Watkins Glen, used to have Court on Saturdays. Are you thoroughly confused? Which Judge is assigned your case may be a matter of timing or efficiency or luck.



Owego Town Hall, location of Owego Town Court, right off I-17/86

Owego "Village" Court is in downtown Owego, New York.

The key takeaway to all of this is:

1. When you begin your case, call the Court.
2. Find out the specific location of your matter (case).
3. Write down the Judge's name that is assigned to your case file.
4. Write down the specific address, fax, and/or email numbers.
5. Find out the name of the Court clerk for that Judge (there may be two clerks).
6. Keep copies of all records, letters, tickets, and final documents of any matter.

Mistakes can sometimes happen, and you don't want to have your driver's license suspended or revoked because of a mix up. Worse than all of that, if you drive on a suspended license, your next pull over will result in an arrest at roadside for AUO 3rd (aggravated unlicensed operation) of a motor vehicle.

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

http://www.ithacadwi.com

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

Tuesday, October 2, 2012

Ithaca Cortland Lawyer: Assumptions about Alcohol Tolerance and High BAC DWI Cases


Come on Guzzling Crown Royal, that's Sacrilegious!
all womenstalk.com

When defending a DWI case one of the first things that must be considered is the BAC level.

B.A.C. = Blood Alcohol Concentration. 

Some defense attorneys want to put their heads in the sand and pretend it doesn't exist, it doesn't count, and it doesn't matter. That is just plain crazy.

Whether the measurement level is based upon a breath or blood sample will reflect upon the "perception" of it's accuracy to those that will make and accept plea offers. Remember, a Breath test is an "indirect" measurement of Blood alcohol level. Whether this number is an accurate number is to be discussed in another time (and blog). Let's just approach it from the standpoint that it is "kinda-sorta" accurate (plus or minus 0.02 BAC). After all it will always be merely a number hanging in space until it is flushed out and challenged.

BACs and Relativity

Einstein's law of relativity is as much part of DWI defense as anything else. Really it's all relative. High and low mean nothing without a standard or a norm. Things can get tricky when stating something as erroneous as a number is truly high or truly low. Let's just say that BAC levels run the gamut from the very high (0.18 BAC is a NYS Aggravated DWI) to the very low (Less than 0.10), but generally speaking 0.15 is in many states considered moving you towards the higher range (for those non-alcoholics) of BACs.

Relative Levels of Contrast State to State

For sake of contrast, in the neighboring state of New Jersey, a 0.10 BAC is the deciding line between a 90 day license suspension, and a 210 day license suspension. And NJ offers NO conditional license or hardship license privileges. Arizona punishes more at the 0.15 level, so even state to state there is NO set standard.

THE CRUX of the Matter: BACs and Government Assumptions

If your DWI/DUI/OUI case has a BAC (any BAC) then that level may impact how they (Judges, Prosecutors, Evaluators, Probation Officers) view (perceive) your case and situation. Government can be faceless and nameless. Government can remove individuality and uniqueness. This mentality of "boxing" and "categorizing" people into black and white can be stifling and inaccurate. But government people are people and as such they make Assumptions (pre-judgments) regularly. It's NOT fair, it's NOT just, but it just is. So we need to deal with it and them. As they say, "ass-u-me and you make an ass of u and me."

Assumption #1:

A "Higher" BAC means this person has a "High" Tolerance to Alcohol. 


Tolerance means that it takes greater quantities of a given substance/drug to achieve the same affect. BTW Alcohol is a drug (socially acceptable and legal) but a drug nevertheless. People who are alcohol tolerant can have higher BACs, and still function (walk, talk, drive) while those without tolerance would pass out or throw up.

Alcohol is a toxin, and the body seeks to eliminate it quickly at higher levels (concentrations). This is what a normal, healthy, and fully functioning body does (or is supposed to do). The body will expel (eliminate) alcohol at approximately 0.015 to 0.020 per hour. So each drink takes about an hour give or take to assimilate and eliminate.

Do these government people always factor in genetics? NO.
Do they always factor in variances based upon food intake, sleep patterns, and/or gender? NO.

Assumption #2:

Higher BAC means this person has been drinking large quantities of alcohol over a long period of time.


Some District Attorneys and some Judges will assume you have a familiarity with the spirits. This is a nice way of saying, "s/he drinks regularly" and with "gusto." This person has been doing this dangerous behavior for a long time, and just has not been caught (DWI).

Assumption #3:

Higher BAC, high tolerant people have an issue with Alcohol/drugs. 


The concerns of the Court and the concerns of the District Attorney must be addressed in any DWI/DUI/OUI case. These people have a job to do. One aspect of that position is to protect the community. To eliminate threats and risks. Are you a threat? Are you a risk? This last assumption is the most important to remedy.

Allaying fear and allaying concern is an important aspect of DWI defense that is too often ignored. Defense usually deals with the front end of a case (legal practice) but never firms up for practicalities. Taking into consideration that over 90% of cases are completed with plea bargains it is foolish to pretend that risk management is the least important aspect of a DWI case. Alcohol dependency is on everyone's mind, whether it gets to their lips is another story. The nuts and bolts of drug/alcohol defense issues in a DWI/DUI case is a topic for a more lengthy and separate discussion.

How Important is Risk Management?

It is now 2012, and the world that we live in, work in, and manage is a constant negotiation. There are cases that are in-line for litigation, for trials, for hearings, for motions, but those are in the vast minority. They get the most press, the most news coverage, but they are a thin segment of the day to day realities.

The true lines that divide county jail from state prison, jail from non-jail, short term incarceration and long term incarceration, probation from conditional discharges are where the majority will have their fate. They can be easily crossed in either direction. That is how cases fall or slip into a category or as they say "by the way side." Falling into the abyss, forgotten, and done.

A counselor of law and at law will be a navigator of these treacherous waters. Of these fields loaded with land mines. Planning a strategy to deal with all aspects of a case or situation will encompass looking at the whole. The front and the back.  

Risk Management: Past, Present, and Future

A whole blog post will be devoted to the importance of dealing with a DWI/DUI/OUI case fully by considering not just what has happened (an arrest/charges) ie. YOUR PAST but more importantly how we will approach and Prepare for YOUR FUTURE (jobs, employment, certifications, degrees, licenses) etc.

Reviews of Larry Newman:




Lawrence (Larry) Newman

Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com