Ithaca DWAI Lawyer The Power of Just Three Little Words = To Any Extent

Judges charge juries. Judges can also charge themselves. Yes, in a bench (only a judge with no jury) trial the judge must give themself directions and instructions. It sounds silly but it is true.

What is Charging in Criminal Cases?

Charging means giving (providing) legal instructions. Judges give jury instructions aka charges to the jury. These explain the standards to be employed in making their decision. They must give legal definitions and sometimes clarity to the law to be followed in each specific criminal case. Often these directions are confusing, difficult to follow, and in need of repeating. It is common for juries to ask for more information and explanation.

Where Do These Instructions Come From?

Well Jury instructions or directions come from a number of places. Before juries (or judges) charge the jury (or themselves) the prosecutor and the defense attorney will discuss them with the judge. Sometimes the directions are changed, are argued about, and then some agreed to and others thrown out. The art and science of drafting (writing) jury instructions should never be overlooked by an attorney.

One of the most common references in New York State for jury instructions come from the OCA. The Office of Court Administration has a set of standardized jury instructions for DWI and DWAI and DWAI drugs.

Words can have a lot of power and control
from presenting-yourself.com

Why Do I Believe the Difference Between Drugs and Alcohol Makes the Jury Charge UNFAIR?

In defining the New York charge of driving while ability impaired by drugs VTL 1194 (4) the OCA uses the same instruction as the one for impairment by alcohol. I believe this is a rather low and unfair standard. Because impairment by Alcohol is a violation (non-criminal) level offense WHILE impairment by Drugs is a misdemeanor (criminal) level offense. To give a violation standard to criminal level offense creates an uneven playing field between defense and the prosecution of these charges.

The OCA standard jury instruction for NYS impairment by drugs and/or alcohol:

In order to drive safely, a driver is expected at all times to be able to think clearly and act carefully. If, by  reason of the consumption of drugs (or alcohol) a driver loses TO ANY EXTENT  control of his mental faculties and his physical responses, our law considers that he has operated his vehicle while under the influence of a drug or drugs.

TO ANY EXTENT MEANS JUST THAT = TO "ANY" EXTENT

What Does the DWAI law REQUIRE?

According to the law (of the state of New York), a person's ability to drive safely is impaired by the use of drugs when, by voluntarily consuming drugs, he has actually impaired, TO ANY EXTENT, the physical and mental abilities which he is expected to possess in order to operate his vehicle as a reasonable and prudent driver. The law DOES NOT REQUIRE PROOF that such ability to operate his vehicle has been SUBSTANTIALLY AFFECTED (by drugs and/or alcohol). The PROOF need only show that such ability to drive safely has been affected "TO ANY EXTENT."


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

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

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

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

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

Ithaca Lawyer Why You May Want to Waive Your DMV DWI Refusal Hearing?

I like Kenny Rogers. He has had his fair share of hits, and personal struggles. I have seen him in concert with my wife (before she was my wife), and love some of his song lyrics.

The song The Gambler won him the Grammy in 1980, the lyrics share a wise philosophy that can be applied to many areas of life:

"You got to know when to hold 'em, know when to fold 'em,

Know when to walk away, know when to run."

AND the "secret to survivin' is knowing what to throw away, and knowing what to keep"

The song can be a guide for people to always weigh out their chances, calculate the odds, and to basically handicap their situation. Sometimes (often actually) fighting can be the worse bet. 

Sometimes You're the Last to Know
from justenjusten.com

If your cards suck, draw horrible cards, and sometimes you really do have a lousy hand do you continue to play and pretend (bluff)?

 or do you save what you have and wait for another play?

Criminal law can be much like gambling. My clients have a hand to play.  Cards have been dealt. They must make a decision whether to take a chance in front of a judge or jury or take a deal. The sure thing is very tempting at times. Can things be shifted in your favor? Are your or their cards still unseen?

On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.

Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.

Can You get a Hardship with a Felony DWI Pending in New York State?

Fast answer, it depends.

There are Three Instances Where You Will Not Get any  License Privileges :

1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).

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.

DWI License Issues: America's and My Love Affair with Driving

The Sizzlers by Hot Wheels, a boy can only dream
from sizzlers.dezigndog.com

There are things that I love, like cars and driving. Maybe that's why I practice DWI defense? Yeah I know you should never love "things" especially things that can't love you back but I have since a boy loved wheels, motors, and tires.


My favorite toys were my matchbox cars, sizzler hot wheels (motorized mini cars), and my James Bond Aston Martin. Even thinking of my first Tonka dump truck at age 5 brings a smile to my face and a tear to my eye. I used to play on the floor for hours. Zoom Zoom wasn't a commercial, it was something I uttered all day long.

Got this for being sick at age 5
from ebay old toys

The cars would zoom here and there, and for hours I would have them talk to one another. Years after I left home for college I returned to find my mom threw my box of cars in the garbage. Thanks mom! I guess she never got it. She still thinks I should just grow up but I refuse to give up my joy for cars. With age my cars just got bigger and better, I sometimes even talk to them but they don't talk back to me (thank G-d).

My dad's last car (his fav) a 1972 Olds Delta 88 (rocket 350)
from mad4wheels.com

My dad loved his cars. Maybe that's where I got my inspiration. He saw them as large land yachts. Big, heavy, loaded, and powerful V-8 American Chevy and Oldsmobiles (his favorites). They were a way to see and enjoy all of America.

He loved to drive us places. The joy of a road trip. He would settle into his seat, light up a smoke, and sing along with the radio. His love affair became mine as well. Some people hate driving. These people look upon it as an onerous chore. They find no joy in getting behind the wheel. Cars are merely transportation to them, something to get from point A to point B. I never really understood that.

Cars were romantic to me. They were exciting. They were a way to pick up and date girls. I loved their design, their engineering, their power, their beauty, and their grace. I spent many a Saturday washing and waxing my car. It got my love, and attention.

So what is it that I love about cars and driving them?

1. Cars Mean Freedom

Nothing is more American to me than a wind open road and the ability to roam. One of the most popular songs this summer was "Cruise" and for good reason. People go into a Zen like mental state when they are cruising along the highway. It is a beautiful way to relax and enjoy the scenery. I used to say, "five bucks in my pocket, a full tank of gas, and I'm set for the day."

2. A Driver's License Gives You Options and Power

A driver's license is empowering. It is a your permission to travel from place to place on your own. Controlling your own auto is liberating. It allows you to control and direct your destiny. Your destination may be a job, a girlfriend, a new town, a restaurant, a movie, etc. It offers up infinite possibilities of where you can go and what you can do.

Without a license (especially in Upstate NY): 

Your job (employment) prospects are greatly limited.
Your getting to a job may be dependent upon a bus schedule.
Your friend prospects are reduced.
Your activities are curtailed.
Your ability to provide education, food, and shelter is reduced.
It will affect you socially, and impact you financially.

3. Having a License Feels Like a Constitutional Right

We are guaranteed Life, Liberty, and the pursuit of happiness. Pursuit to me implies driving. I am certainly not pursuing happiness on foot or by bicycle. Ithaca may love them, may love conservation, but the motor, the engine is pure joy to me. It sings a song like no other. I'm no Quaker, give me modern technology.

Yeah I know that the car didn't exist for the framers but I think they would have loved it as much or more than I do based on their personalities. They absolutely loved freedom, hated oppressors, and believed in manifest destiny (G-d given expansion of our interests). Pursuing education, pursuing service, pursuing creation, pursuing family, pursuing better food, pursuing is best done with a motor, Amen!

I could not imagine living my life without cars and the ability to drive them. I guess if I lived in the big city some would think of them as more luxury than necessity. I see them as being a way to a richer and more meaningful life. A life free of bounds or restrictions. A life of enormous opportunity.

That is why having a driver's license threatened or endangered by a DWI or other moving (speeding) violation means as much to me as it does to my clients. One of the first things people want to know is:

What's Going to Happen to My License? 

Will I Lose My License?

People who need to feed their families, take their children to school, activities, church, sporting events, and doctors. Their licenses and cars give them the ability to remain close to their families. It is vital element to a fulfilling life


If you have questions about your DWI/DWAI charges or other traffic violations within the Finger Lakes region you can either call me or send me an email.

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

Cortland Lawyer When Do the Police Want Your Blood on a DWI/DWAI STOP?

Who wants Your Blood?
 fm auroraginjoint.com

"I want to suck your blood"

                                                                                                          Dracula

With the approach of Halloween and the delightful fall weather I am reminded that costumes, parties, and drinking (drugging) will soon be in full force in Upstate New York.

WHY October 31?

Don't ask me why but something about dressing up and acting goofy brings out the excess in some people. I would imagine hiding behind a mask plus the lowering of inhibitions with a drug allows some to get loose. I see a great many Halloween party DWI/DWAIs every year. One year the police could not tell the fake blood from the real blood in one DWI accident.

Before you think I condone drinking and/or drugged driving think again, I do not but I do defend and protect people and most importantly their Constitutional rights. To be treated fairly and justly does not end at a roadside arrest (sometimes it does not begin there either).

So my big question for today:

When do the police (law enforcement) decide to take (request/demand) your blood?

I believe that blood is usually requested (instead of breath) in one of three scenarios:

As an aside the Police in New York State get to choose the test or tests of your: blood, breath, and/or urine.

0.00 BAC = No Alcohol

1. If you take a roadside Alcosensor breath test and register a 0.00 BAC (blood alcohol concentration). The police are likely going to continue their investigation into the cause of your problem driving by probing further to your blood contents for other drugs or substances.

Marijuana (drugs) in Your Car 

2. If they smell pot, or find a marijuana joint/blunt in your ash tray. Bingo, they are going to want your blood instead of breath even if you register a BAC showing alcohol. Now they have a drug combo to charge you with, perhaps both DWI alcohol, and DWAI drugs.

Low BAC (.02 to .05) 

and 

Erratic Driving or Behavior Not Equal to the BAC

3. What if your BAC does not = your actions, your conduct, and your messed up driving? What if you fail all the Field Sobriety Tests but have a super low BAC? BTW these were designed to show a 0.10 BAC level. Then the police are going to be looking for other drugs (most commonly pot).

When the police make a blood request you still have to consent unless they go get a search warrant. You can refuse their request and face the New York State driver's license penalties. Sometimes there is no clear cut answer what is the best thing to do, often you don't have an opportunity to discuss your situation with an attorney before making this big decision.

If you have questions about your DWI/DWAI charges within the Finger Lakes region you can either call me or send me an email.

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 400 blog posts, dozens of articles, and over 330 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 DWI Lawyer: Called Out or Called On? Who Should Answer YOUR Legal Questions?

Wow not a day goes by that I am not surprised by something. I state for the record that I focus my practice on the specific areas of DWI defense and personal injury within the Finger Lakes Region of NYS. I am licensed in PA, NJ, and FL as well but the main focus of my practice lies here and now.

I will answer questions, guide, and represent people in those areas of law of which I am familiar.
To me it is more than legality it is ethical and professional to focus yourself. Too many lawyers spread themselves and their practices on thin ice by practicing based upon volume and a gazillion areas. They do everything just not particularly well or thoroughly.

I practiced as a Chiropractor in Florida for ten years. When I sold that practice to enter legal practice I was done. The door closed, and I have only focused on law.

I will NOT answer questions or represent people for any of the following:

Bankruptcy, family law, corporate law, real estate, divorce or separation, contracts, landlord tenant, domestic violence, mediation. There are other areas but I think you get my point.

For me it is Depth over breadth

If it relates to cars and/or drugs (areas I enjoy) then I love to help people legally.

Why don't I do everything? 
Why don't I answer questions outside of my areas?

After all any licensed lawyer is legally allowed to do (to represent) just about anyone for anything.

Because it is 2012, and if you do not practice in that legal area regularly you may be outside of your box. This is dangerous territory to be in if an issue (legal or practical) may arise. I have spoke of the collateral consequences of DWI and traffic offenses, I would imagine that there are also many collateral consequences that you must be aware of when litigating or mediating a divorce or fighting for custody of a child. I could not even begin to understand all the complexity of those areas.

Even in a so called, Simple Divorce, there may be tax issues, Federal and State issues, debt issues, parenting issues, and these issues do not resolve, they go on forever, and may be ongoing for the life of a child or children of that union.

What I am trying to say in no uncertain terms is always consult with people on issues that they are at least familiar with.

I belong to the National College of DUI Defense. I am an active member, and attend numerous seminars in many states. Many of the same legal and practical issues present themselves across state lines and borders. The types of DUI/DWI/OWI have many similarities, and the defenses that may work in one place may in fact be applicable in another. The same breath machines (breathalyzer) are used from state to state. I live and breathe the 4th, 5th, and 6th amendments.

Search and seizure is Federal and State
Right to remain silent
Due Process/ criminal hearings and trials

Cross examining police is an art form. If you have not examined cops at DWI hearings you are way outside your comfort zone when you give it the first time college try.

Our DUI listserve is active 24/7 in an exchange of ideas, philosophy, and legal arguments. I have learned DWI law in Texas, GA, LA, IL, and a host of other places that I am NOT licensed.

All of that said if it came time for representation of a client I recommend using a local attorney who is versed in that area of the law. But if I had to choose between a DUI lawyer from Hawaii and a divorce lawyer from California to help with my DWI case I think it would be better to choose the lawyer who understood the legal issues I would be facing. It would be better to choose a lawyer not merely licensed to practice in a particular state but a lawyer experienced in that area of law.

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

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com

Ithaca Lawyer Appears in Ulysses/ Trumansburg Town Court

Ulysses/ Trumansburg Town Court

Just up the road North of Ithaca on Route 96 is Trumansburg, more affectionately known as "T-Burg." Grassroots Festival (be careful driving or walking because of DWI and drugs, etc.), and lots of other Finger Lake events bring people from far and wide to this sleepy little town. Ulysses and T-Burg share the same Courthouse, right on Elm. Street, next to the Post Office. Plenty of parking in lots adjacent to and across from Court, unlike so many of the Courts I visit.

When I first came up here from the City this was always confusing. Confusing, because many Courts are not located in their Towns. For instance, Yates County/ Jerusalem Court is located in Branchport, so if you go to the Town of Jerusalem you're lost! Many towns are just not big enough to have a Courthouse so they share or they are located a town over. City Courts are in their cities but Town and Village Courts may be located anywhere.

Ulysses Court is in a small room, sometimes it's standing room only, and Mondays here are the "busy" Court night. I often go from here all the way back down to Ithaca, and then up on Route 13 to Dryden, which also has their busy Court night on Mondays as well. In the winter, depending on the weather it is not a fun Monday night. Court starts around 6 or 630 here, Dryden runs from 5pm till ?  As I like to joke, 5 till done (much like the BBQs).

                                                        10 Elm Street, Trumansburg, NY

                                         One Parking lot to the East of the Courthouse, and another
                                         right across the street.

Both Judges move the Courts along briskly here, and I think the small room size actually helps to keep things focused. Another bonus here, walking distance to Gimme Coffee, Red Dragon Chinese Restaurant, and New York Pizza (which unfortunately is closed on Mondays, and doesn't serve Coke or Pepsi products). They sell some "foreign" soda which POs my wife.

Within driving distance is The Falls restaurant (kinda like a diner) which has excellent home cooked food. Rustic wood, Down to earth, and very good.

Phone: 607-387-5411
Fax: 607-387-5843

Email: toujust@twcny.rr.com

PTCs scheduled as per the Judge.

Justice Thomas Schlee holds Court Monday evenings at 6pm.

PTCs: Pretrial Conferences (where the Asst. District Attorney is present) are on the 1st Monday of each month at 6pm. These can also be status conferences to see if cases are moving towards a plea or a trial.
The ADA here is Dan Johnson.

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.