I love the TV show TMV. From the music to the fast and funny graphics, to Harvey (I'm a lawyer), it is a hit in my book. They love to capture legal events involving celebrities, btw who doesn't?
Just last week they showed the sentencing of Chad Johnson aka Ochocinco for some domestic violence charge in Florida. His lawyer did a great job of negotiating a plea bargain for his probation violation to just some community service hours and counseling. In other words NO JAIL TIME!
The General Rule
Plea offers between the District Attorney and the defense attorney are generally accepted by Judges but the Judge is always the ultimate decider. In this case all was well, and proceeding quite smoothly until the million dollar question that many judges ask at sentencing to avoid appeals was posed:
"Were you satisfied with the representation of your attorney?"
The basis of most appeals is inadequate representation (AKA Ineffective Assistance of Counsel) so if you say, "I was satisfied by my lawyer's representation at final sentencing" this issue is off the table so to speak. Judges want to avoid repeats, and appeals, they only add to an overworked and underfunded calendar.
In this case Ochocinco said, "yes" and added a slap to his lawyer's behind. Probably OK on the field of play or in a locker room but the Courtroom is another matter. Most people in Court laughed in amusement at the gesture but the most important person there found no humor in the situation.
She remarked it was not a time for jokes or joking (she believed that he was not taking this serious) AND she set aside his plea offer, and then proceeded to sentence him to 30 DAYS in Jail.
These are my FOUR hard and fast sentencing rules for clients, break them at your peril.
RULE ONE:
Know the Judge's demeanor. If this is not a Judge that enjoys jokes, don't make any. If this is Judge that is conservative don't wear a liberal tie with pot leaves. Know who you are standing in front of.
RULE TWO:
Don't speak unless spoken to, and don't add anything beyond the questions that are asked. Think more and speak less. Sentencing is the final stretch so don't blow it. Until everything is signed and sealed this is a solemn moment. Uncomfortable silence is OK, don't feel the need to speak.
RULE THREE:
Sentencing is POST Plea, It comes after you have plead to something, so now is not the time to deny and lie. You have admitted to some criminal behavior, so OWN it. Take responsibility, and be accountable if asked.
RULE FOUR:
Judges love sincere apologies. Don't offer it if IT is NOT sincere, things will only be worse. That said if you can offer up a coherent and heartfelt apology do it.
Lawrence (Larry) Newman, D.C., Esq.
Doctor of Chiropractic
Attorney and Counselor at Law
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
Friday, June 14, 2013
Your New York Driving Privileges: Why Tired Driving is Not Innocent Driving
 |
| Weather or tiredness or speed? from gregjolly.typepad |
I get lots of phone calls asking for direction and advice. I wish I could caution people before the fact that talking to the police is not only stupid but dangerous. You are feeding them. Think about giving a lion a steak before he eats you. The steak is your statement.
So someone gets into an accident, maybe no other car is involved, the police come to investigate. You tell them you were tired, you were sleepy, and that's what caused your "poor" driving behavior. You think oh, I wasn't high, or drunk, or speeding, or careless I was just tired. Seems so safe and innocent? Right? WRONG!
 |
| the baby lamb- from fair-isle.blogspot cute and vulnerable |
You are a baby lamb. Ready to be slaughtered. If you are driving tired or sleepy that is NOT a good thing. The police will now report you to the DMV. You will now be under investigation for a potential medical issue that makes you a dangerous driver.
G-d help you if you have a medical history that is less than perfect because you are now a suspect license holder. You are now under review by the powers that be. You are no longer an innocent person. You must now prove yourself well, prove yourself fit, prove yourself safe, and prove yourself worthy of keeping you driving privileges.
Heart Conditions, neurologic conditions, sleep issues, breathing issues, brain disorders, you name it can be a problem for you not only on the physical level but now on a license (permission) level.
Dr. Lawrence Newman
Doctor of Chiropractic
Attorney and Counselor at Law
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
Baby Boomer, Alcohol, and a Stop = Police DWI Suspicion?
Police Suspicion: A "feeling or belief" by law enforcement that someone is guilty of an illegal, dishonest act, violation, or crime.
We supposedly live in a country where you are innocent unless proven to be guilty of something. Unfortunately these days it is reversed. Guilt hangs over us, like a dark cloud. Everybody walks, talks, acts, drives, and drinks with an underlying or overlying suspicion. As a favorite judge of mine loves to quip about those charged (alleged) with crimes, "they must be guilty of sumpin'?"
Yes, we are the walking wounded, and the driving guilty. Even after just one drink we become suspicious, even though it is legal to drink and drive, just not to be impaired and drive, or to be intoxicated and drive.
Today I focus on the baby boomer because I am one, but the overweight, the overtired, the uncoordinated, and the anxious will all be in the same boat. Anything that limits our ability to perform under pressure is a DWI liability and handicap. All problems associated with an aging body will suffer at the hands of a DWI investigation.
First Question after a POLICE STOP:
Have you been drinking?
If the answer is yes, then game on. Any and all of your behavior is suspect. You are now under the harsh lights and about to receive close scrutiny.
When do the Police switch to DWI mode?
Police Investigation for DWI begins the moment they smell it, you admit it, or they think it.
DWI mode may even begin before they pull your car over if it is late, if you are leaving a bar, or if your driving is erratic.
You are now guilty until you prove your innocence. You are now "A Suspect."
These days I caution people, especially baby boomers against "any" drinking and driving. The combination of your maturity, chronic tiredness, and alcohol can present a bad case. What you might call a Suspicious Situation.
Going from the dream to the nightmare.
You are having a spectacular day. The weather is perfect. Visiting the beautiful Finger Lakes wineries, and having a taste here and there. Sampling the local flavors. Between the Ithaca restaurants, Cayuga Lake Wineries, Seneca Lake Wineries, and cheeses you could lose yourself in the day. There are so many places but visit too many and/or lose track of your speed and/or get lost and your carefree vacation is about to shift.
A Moving Violation Plus Alcohol = DWI Suspect
Being a suspect is horrible. Everything is seen through a prism of guilt. Nothing is believed. You are behind the eight ball in their game with their rules. A game that is loaded, baited, and set up for you to ultimately lose.
So enjoy our area, our resources, and soak up the beauty but use car service, taxi, or a designated driver. You want to avoid having to prove your innocence.
Lawrence (Larry) Newman, D.C., Esq.
Doctor of Chiropractic
Attorney and Counselor at Law
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
We supposedly live in a country where you are innocent unless proven to be guilty of something. Unfortunately these days it is reversed. Guilt hangs over us, like a dark cloud. Everybody walks, talks, acts, drives, and drinks with an underlying or overlying suspicion. As a favorite judge of mine loves to quip about those charged (alleged) with crimes, "they must be guilty of sumpin'?"
Yes, we are the walking wounded, and the driving guilty. Even after just one drink we become suspicious, even though it is legal to drink and drive, just not to be impaired and drive, or to be intoxicated and drive.
Today I focus on the baby boomer because I am one, but the overweight, the overtired, the uncoordinated, and the anxious will all be in the same boat. Anything that limits our ability to perform under pressure is a DWI liability and handicap. All problems associated with an aging body will suffer at the hands of a DWI investigation.
First Question after a POLICE STOP:
Have you been drinking?
If the answer is yes, then game on. Any and all of your behavior is suspect. You are now under the harsh lights and about to receive close scrutiny.
When do the Police switch to DWI mode?
Police Investigation for DWI begins the moment they smell it, you admit it, or they think it.
DWI mode may even begin before they pull your car over if it is late, if you are leaving a bar, or if your driving is erratic.
You are now guilty until you prove your innocence. You are now "A Suspect."
These days I caution people, especially baby boomers against "any" drinking and driving. The combination of your maturity, chronic tiredness, and alcohol can present a bad case. What you might call a Suspicious Situation.
Going from the dream to the nightmare.
You are having a spectacular day. The weather is perfect. Visiting the beautiful Finger Lakes wineries, and having a taste here and there. Sampling the local flavors. Between the Ithaca restaurants, Cayuga Lake Wineries, Seneca Lake Wineries, and cheeses you could lose yourself in the day. There are so many places but visit too many and/or lose track of your speed and/or get lost and your carefree vacation is about to shift.
A Moving Violation Plus Alcohol = DWI Suspect
Being a suspect is horrible. Everything is seen through a prism of guilt. Nothing is believed. You are behind the eight ball in their game with their rules. A game that is loaded, baited, and set up for you to ultimately lose.
So enjoy our area, our resources, and soak up the beauty but use car service, taxi, or a designated driver. You want to avoid having to prove your innocence.
Lawrence (Larry) Newman, D.C., Esq.
Doctor of Chiropractic
Attorney and Counselor at Law
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
Tuesday, June 4, 2013
Cortland Elmira Lawyer Why New York Traffic Tickets Tell You Nada
One of the questions I have to frequently answer as an Upstate Attorney is:
Why is that New York traffic tickets (UTTs/Uniform Traffic Tickets) don't tell you how to pay?
They don't tell you what to pay? Basically (the tickets) give very little in the way of direction on what to do next. Only check off a box, guilty or not guilty? do you want a supporting deposition? What if I plead guilty? then what? Questions only lead to more questions.
Who do I pay? Where do I pay? Maybe even, can I just pay this? People (let's call them violators) just want to be done, they just want to put it behind them.
I guess in comparison with Pennsylvania, New Jersey, or even Florida where the tickets have very specific itemized amounts to pay in fines and/or clear cut options (traffic school/diversion) our tickets are antiquated. Much like our system of little village, town, and city courts with night hours, afternoon hours, and non-lawyer judges New York tickets are caught in a time warp.
Bottom Line: You don't know from looking at the ticket, what it will cost or how many points will be assessed. Try calling the Court looking for answers and you may be in for another surprise, these are mostly part-time courts with part-time staff (clerks) and they are rarely there. Some have machines (answering machines) where you cannot leave a message. Some have office hours two or three hours a week. As in please call back between the hours of 10 and 12 on the third Tuesday. I kid you not.
More important things to know:
FIRST: New York courts have wide ranges of punishments for most offenses, including traffic violations.
Ticket fines can range from $ 0 to hundreds of dollars. It is completely in the Judge's discretionary powers.
SECOND: New York courts will potentially assess: points for each ticket, fines for each ticket, a NYS surcharge per ticket, and maybe even a three year NYS DMV surcharge per the points.
THIRD: Even if you get a plea bargain (plea offer) from a District Attorney's office the Judge can choose to accept or reject it entirely or in part. Again this is in their discretion as Justices.
Caveat Violator in treading these waters. You can always do it alone or you can hire a seasoned navigator familiar with these changing seas. The choice is always yours.
Lawrence (Larry) Newman
Doctor of Chiropractic
Attorney and Counselor at Law
Practice focused on traffic, DWI, and criminal defense within the Finger Lakes area of NYS.
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
Why is that New York traffic tickets (UTTs/Uniform Traffic Tickets) don't tell you how to pay?
They don't tell you what to pay? Basically (the tickets) give very little in the way of direction on what to do next. Only check off a box, guilty or not guilty? do you want a supporting deposition? What if I plead guilty? then what? Questions only lead to more questions.
Who do I pay? Where do I pay? Maybe even, can I just pay this? People (let's call them violators) just want to be done, they just want to put it behind them.
I guess in comparison with Pennsylvania, New Jersey, or even Florida where the tickets have very specific itemized amounts to pay in fines and/or clear cut options (traffic school/diversion) our tickets are antiquated. Much like our system of little village, town, and city courts with night hours, afternoon hours, and non-lawyer judges New York tickets are caught in a time warp.
Bottom Line: You don't know from looking at the ticket, what it will cost or how many points will be assessed. Try calling the Court looking for answers and you may be in for another surprise, these are mostly part-time courts with part-time staff (clerks) and they are rarely there. Some have machines (answering machines) where you cannot leave a message. Some have office hours two or three hours a week. As in please call back between the hours of 10 and 12 on the third Tuesday. I kid you not.
More important things to know:
FIRST: New York courts have wide ranges of punishments for most offenses, including traffic violations.
Ticket fines can range from $ 0 to hundreds of dollars. It is completely in the Judge's discretionary powers.
SECOND: New York courts will potentially assess: points for each ticket, fines for each ticket, a NYS surcharge per ticket, and maybe even a three year NYS DMV surcharge per the points.
THIRD: Even if you get a plea bargain (plea offer) from a District Attorney's office the Judge can choose to accept or reject it entirely or in part. Again this is in their discretion as Justices.
Caveat Violator in treading these waters. You can always do it alone or you can hire a seasoned navigator familiar with these changing seas. The choice is always yours.
Lawrence (Larry) Newman
Doctor of Chiropractic
Attorney and Counselor at Law
Practice focused on traffic, DWI, and criminal defense within the Finger Lakes area of NYS.
607-229-5184
newman.lawrence@gmail.com
http://www.ithacadwi.com
Wednesday, May 22, 2013
My 420th Blog Post: New York Police: THC Urine Testing versus THC Blood Testing
This is my 420th Post so I figured what better time to discuss THC and DWAI drugs.
I live in Ithaca, NY which has it's far share of "head" shops. Stores which cater to the smokers of marijuana. Pipes, bongs, roach clips, and assorted paraphernalia (gotta love that word) to use and enjoy the plant of their choosing. Some offer books on growing techniques and hydroponic set ups all in the name of good gardening.
In my younger days, or should I say as a teen I worked in a head shop in Brooklyn, NY that was located in Kings Plaza. It was a store with multiple vendors all sharing space and an occasional joint. There was a leather smith, a nick-nack area, and a household goods section. Many of the people working there would get high on breaks, maybe they would be considered chronic users. In those days, they were stoners, people who loved to get stoned (like all day). I partook on occasion, I did inhale, and the Led Zeppelin sounded that much better.
Today I defend people charged with use, possession, and abuse (bad use) of marijuana. Whether you have a reason to smoke or not, it is illegal in New York. Moreso, driving while under the influence of drugs of any type is a bad decision. Better to take that cab or call everyone you know. Impaired driving, buzzed driving, stoned driving, and drugged driving can all have fatal consequences.
Which brings me to today's topic, sometimes law enforcement will ask you for a body sample to check for drugs (ie. marijuana). Marijuana is the most commonly used substance after alcohol in upstate NY.
When can they legally request a sample of your breath, blood, urine, and/or salvia to check for THC?
After the lawful stop of a car a request can be made if they think you are driving due to an impairment from pot. If they smell it in the car, or on your person, or find some on you or in the car or in a handbag in the car or a pipe with resin (residue) it will lead them to think you are driving while impaired by marijuana.
Is urine testing for impairment by drugs (like THC) conclusive and accurate?
When you test someone's Urine you are testing for waste products of a drug's breakdown called metabolites not active substances. Urinalysis can not detect the presence of any ACTIVE THC.
Urine tests are cheap and inaccurate indicators of impairment, yet only 90% of all United States drug testing tests urine. Finding THC metabolites in the urine ONLY means one thing, it only indicates prior THC exposure. The detection time is usually long past the window of impairment.
Is blood testing for impairment by THC conclusive and accurate?
Even if the police test your blood for ACTIVE THC (It is difficult to establish a relationship between a person's THC blood or plasma concentration and their performance impairing effects). Impairment by THC is more complicated than just showing or proving a particular level in the blood. Many additional factors need to be taken into consideration.
Was this a novice user or a chronic user?
What was the level at the time of operation?
How many hours have past since peaked THC levels?
Was this a level that caused impairment in this individual?
Marijuana use "can" impair driving at certain dosages, and at specific times after smoking.
Marijuana has
been proven to impair your ability to drive for up to 3 hours after smoking. The immediate and subsequent affects to users with eaten marijuana (taken in food) are different.
They affects of cannabis on driving are:
Decreased ability to control a car's handling and performance, increased (delayed) reaction times, impaired ability to estimate time and distance,
inability to maintain headway, sleepiness, incoordination of small and large muscles, and impaired sustained vigilance (focus and concentration to task).
If you are charged with DWAID (driving while ability impaired drugs) don't just assume it's all cut and dried. It is more complicated than just did you inhale.
Lawrence Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law
504 North Aurora Street
Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com
Thursday, May 9, 2013
5 Nano grams is the new .08 BAC: Marijuana and Driving While High
 |
| Ithaca Pot Lovers, Meet The Pot Map, Remember Pot is Still Illegal Federally, from rolling stone.com |
Many regular marijuana users have recently applauded states like Washington and Colorado on being progressive in passing liberal pot legislation. Yay! people can now smoke people legally (at least under state law) and /or get a medical certification to smoke for health reasons.
As they say, the other shoe has now fallen, now these same pot loving states have enacted the first marijuana while driving laws. These laws have a specific (per se) amount of the drug that charges DWI/DUI for THC. Pot is the number two most used drug while driving so this was a natural progression of sorts.
5 Nano grams of THC is the new .08 BAC, Is it a lot or a little?
THC reaches high levels (100s of nano grams) in majority of users within one hour of ingestion. The THC in the blood will level off to 2-3 nano grams after another two or three hours passes. But if we have chronic substance users tested, their blood levels are chronically high. Are these chronic users affected the same as novice users? Are they too impaired to drive at these blood levels? Blood testing for specific quantities of THC and then judging impairment based strictly upon a number is fraught with issues. Alcohol and pot are just not the same.
CNN Road Tests Chronic Pot Users vs. Novice Users vs. Baked Users
In February 2013 CNN did a "Smoke and Drive" Road Test (closed course) study with a medical marijuana patient, a chronic user, and a novice user. All three performed well on the road tests, as in safely. Watch the video here to judge the results for yourself:
http://www.youtube.com/watch?feature=player_embedded&v=dw1HavgoK9E
It was not until they got completely "baked"(their term) that road performance became dangerous. The main point being that the marijuana users could distinguish when they should not drive versus alcohol drinkers whose confidence increases with each drink. Alcohol tends to inflate one's sense of confidence and abilities. Being honest with yourself (when high) and conscious of what you can and can not or should not do is a good thing.
New York State Does Not Have a Specific Amount of THC (or any other drug)
NYS still does not have any quantified drug for DWI except .08 BAC for alcohol. Our DWAI (driving while ability impaired) Drugs is any degree of impairment, so having any amount in your blood, of any named drugs (there are 100s), and a demonstration of impairment is enough proof to convict.
Challenging these cases will rely upon the experts in toxicology, pharmacology, and pharmacokinetics. There is little to no agreement scientifically that any specific amount of a drug can determine a degree or level of impairment.
Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law
Ithaca, NY 14850
http://www.ithacadwi.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.
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 "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
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 |
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
Subscribe to:
Posts (Atom)