Monday, March 28, 2011
Sunday, March 27, 2011
Ithaca Cortland DWI Lawyer Challenges the HGN Eye Test
HGN is a standardized test. The horizontal gaze nystagmus must be properly given. The rules for giving all three of the standardized tests must be followed specifically. Sloppy, lazy, or haphazard police investigations can lead to Unfair and Unjust arrests for DWI.
Friday, March 25, 2011
One Defense Lawyer's Philosophy about Being Right and Winning
I have seen and heard lawyers and doctors speak (more like brag) of their successes. I believe one should "Never take credit unless you are also willing to take blame." I allow others to speak for me in their testimonials/reviews. If you look at them with clear eyes you will see less hype and more reality.
I learned most of my life philosophy as a Chiropractor. I would adjust, help, assist, and guide (with chiropractic, physical therapy, and acupuncture) but the power that made the body does the ultimate healing not the doctors. In the criminal defense context we have no control over the Judges, the prosecutors, or the juries. As lawyers, we can advocate, persuade, convince, explain, demonstrate, and challenge but ultimately we do the best we can with what we have been given.
I could speak of "my DWI successes" but then I would have to balance that with speaking of "my DWI failures." First off we must define success and failure. It is a perspective. It requires a context. Not everyone fits in the same box or mold. Someone with a long criminal history, and someone with no history are not the same. Someone with horrible facts, behavior, driving, testing, and statements is not the same as someone with different facts. If someone is looking at 3 years in jail, and has a weak case, does a result of straight probation mean success or failure? Outright dismissals are a rarity. It is the stuff of TV shows and hit movies. O.J. Simpson was an anomaly. There are certain FBCs (facts beyond change) in every case that I must work with and sometimes they are challenging to surmount.
Often the best wars are the ones never fought. My greatest victories have come by preparing thoroughly, cross examining police at hearings, suppressing evidence, and demonstrating strength. Concessions allow the other side to save face, and in the battles we fight daily, often with the same opponents, it has been a prudent and effective strategy. As they say pick your battles.
I use the same philosophy in my marriage and with my children. I have found that lawyers that "fight" every case and issue burn out, and are usually divorced (or single). Being "right" and proving you are "right" and "winning" (as Charlie Sheen has demonstrated) may not be the best long term strategy.
I learned most of my life philosophy as a Chiropractor. I would adjust, help, assist, and guide (with chiropractic, physical therapy, and acupuncture) but the power that made the body does the ultimate healing not the doctors. In the criminal defense context we have no control over the Judges, the prosecutors, or the juries. As lawyers, we can advocate, persuade, convince, explain, demonstrate, and challenge but ultimately we do the best we can with what we have been given.
I could speak of "my DWI successes" but then I would have to balance that with speaking of "my DWI failures." First off we must define success and failure. It is a perspective. It requires a context. Not everyone fits in the same box or mold. Someone with a long criminal history, and someone with no history are not the same. Someone with horrible facts, behavior, driving, testing, and statements is not the same as someone with different facts. If someone is looking at 3 years in jail, and has a weak case, does a result of straight probation mean success or failure? Outright dismissals are a rarity. It is the stuff of TV shows and hit movies. O.J. Simpson was an anomaly. There are certain FBCs (facts beyond change) in every case that I must work with and sometimes they are challenging to surmount.
Often the best wars are the ones never fought. My greatest victories have come by preparing thoroughly, cross examining police at hearings, suppressing evidence, and demonstrating strength. Concessions allow the other side to save face, and in the battles we fight daily, often with the same opponents, it has been a prudent and effective strategy. As they say pick your battles.
I use the same philosophy in my marriage and with my children. I have found that lawyers that "fight" every case and issue burn out, and are usually divorced (or single). Being "right" and proving you are "right" and "winning" (as Charlie Sheen has demonstrated) may not be the best long term strategy.
Busy Binghamton Lawyer, Vestal Town Court
As a traveling Finger Lakes attorney I make the rounds. Some days I can cover Town and Village Courts in 3 or 4 counties. The day Courts don't bother me, it's the night Courts that can be difficult.
Court Window Hours
Monday - Wednesday - Friday: 8:30 AM to 4:30 PM
Court Hours
One of the busiest little Courts within Broome County is Vestal Town Court. Maybe because it is located on Vestal Parkway (the main strip of hotels and restaurants) down the road a piece from SUNY Binghamton (yes I have defended many Marijuana and DWI cases here). The Court holds a morning session, and an evening/afternoon session depending upon which Judge your case is assigned to. Both the clerks are very helpful (and usually very busy) in this Court.
Maybe speaking to the closeness of Binghamton the clerks sit behind thick plexiglass with a small slot at the bottom to pass your documents through. Aside from that the cases move at a brisk and friendly pace.
Maybe speaking to the closeness of Binghamton the clerks sit behind thick plexiglass with a small slot at the bottom to pass your documents through. Aside from that the cases move at a brisk and friendly pace.
Vestal Town Court
605 Vestal Parkway West, Vestal NY 13850
Phone: 607-748-1514 Fax: 607-754-2496
605 Vestal Parkway West, Vestal NY 13850
Phone: 607-748-1514 Fax: 607-754-2496
Honorable Joseph B Meagher
Court Clerk: Linda Vail: (607) 748 1514 ext. 322
Court Clerk: Linda Vail: (607) 748 1514 ext. 322
Honorable Michael D. Sherwood
Court Clerk: Gloria Meade: (607) 748 1514 ext. 323
Court Clerk: Gloria Meade: (607) 748 1514 ext. 323
Court Window Hours
Monday - Wednesday - Friday: 8:30 AM to 4:30 PM
Tuesday - Thursday: 8:30 AM to 5:00 PM
Court Hours
Arraignments: Tuesday and Thursday evening beginning at 5:30 PM
Phone: (607) 748 1514
Fax: (607) 754 2496
Fax: (607) 754 2496
Defense Lawyer Larry Newman
607-229-5184
newman.lawrence@gmail.com
www.ithacadwi.com
607-229-5184
newman.lawrence@gmail.com
www.ithacadwi.com
Nichols Town Court Lawyer, The Beauty of Old Buildings
As an upstate defense lawyer who travels from courthouse to courthouse, covering about 7 counties in the summer, and 6 in the winter (I leave out Yates come winter due to snow and lack of cell service), I feel lucky to see incredible little towns, grand vistas, and old buildings.
Yesterday I had the pleasure of visiting Nichols Town Court. I have represented many speeding cases and other VTLs (vehicle traffic violations) going through Nichols (actually highway 17/86) between Elmira and Binghamton over the years. I really took my time to look at the magnificent Cady library, and the carriage house (this is where the Court is located), right to the side and back of the library. They re-did the inside of the carriage house and made great use of the space. The library was a turn of the century mansion, unfortunately it is only open in the afternoon after 2:00pm.
Located right off I-17/86 and Route 282, it is about 10 minutes west of the Owego County Courthouse.
Directions to the Court here:
http://maps.google.com/maps/place?hl=en&bav=on.2,or.r_gc.r_pw.&um=1&ie=UTF-8&q=nichols+town+court&fb=1&gl=us&hq=nichols+town+court&hnear=Ithaca,+NY&cid=7561016268326448555
Nichols Town Info:
http://www.tiogacountyny.com/towns_villages/nichols.php
Court Location: Town Hall, 54 East River Road, Nichols NY 13812
Mailing: PO Box 365, Nichols NY 13812 (Justice Caloroso)
Mailing: PO Box 298, Nichols NY 13812 (Justice Quick)
Phone: 607-699-3981 ext 13 or 14
Fax: 607-699-7959
Defense Lawyer Larry Newman
607-229-5184
newman.lawrence@gmail.com
www.ithacadwi.com
Yesterday I had the pleasure of visiting Nichols Town Court. I have represented many speeding cases and other VTLs (vehicle traffic violations) going through Nichols (actually highway 17/86) between Elmira and Binghamton over the years. I really took my time to look at the magnificent Cady library, and the carriage house (this is where the Court is located), right to the side and back of the library. They re-did the inside of the carriage house and made great use of the space. The library was a turn of the century mansion, unfortunately it is only open in the afternoon after 2:00pm.
Located right off I-17/86 and Route 282, it is about 10 minutes west of the Owego County Courthouse.
Directions to the Court here:
http://maps.google.com/maps/place?hl=en&bav=on.2,or.r_gc.r_pw.&um=1&ie=UTF-8&q=nichols+town+court&fb=1&gl=us&hq=nichols+town+court&hnear=Ithaca,+NY&cid=7561016268326448555
Nichols Town Info:
http://www.tiogacountyny.com/towns_villages/nichols.php
Court Location: Town Hall, 54 East River Road, Nichols NY 13812
Mailing: PO Box 365, Nichols NY 13812 (Justice Caloroso)
Mailing: PO Box 298, Nichols NY 13812 (Justice Quick)
Phone: 607-699-3981 ext 13 or 14
Fax: 607-699-7959
Defense Lawyer Larry Newman
607-229-5184
newman.lawrence@gmail.com
www.ithacadwi.com
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