Ithaca Lawyer How to Get a Job with a Prior Arrest or DWAI/DWI Conviction History

It's Inevitable, they will check.  from executivebranchproject.com

These days getting a job or a position that you would enjoy long term can be difficult. You've probably invested a great deal of time, money, and effort in getting an education (degrees, training, internships) and now the hunt is on.

The road ahead is filled with job applications, background checks, and fearing the worst (nobody wants you) of outcomes. Now imagine if you have some baggage to take on your trip. Baggage as in prior DWI or DWAI or ADWI arrests, convictions, and a history of behavior you are not proud of.

First, don't fear. You amongst a large club, those with worldly experience and the scars to prove it. Many employers are used to seeing even the most accomplished (academically) Ivy League grads with tainted histories of marijuana, alcohol, and other drug related convictions.



Three Part Preparation is the Best Plan of Action

ONE: Obtain a Certificate of Disposition

I believe you must plan in advance of your journey to be ready to address any concerns. You should obtain a Certificate of Disposition from any Court you have had a conviction. In New York State following any conviction the Court must file what you began with (initial charges) and the final outcome. Remember that convictions are defined in NYS as both non criminal and criminal offenses. Convictions can be following a Plea of Guilty or a finding of Guilt after a trial (they are the same legally). Get this certified (stamped, sealed, signed) document from the Court of Conviction (where you went for your case).

Why is this important?

Most of the Courts will categorize (classify) using a M for misdemeanor and a V for violation. This is nice to show to prove you do not have either a criminal conviction (as in Violation level) or a misdemeanor that is not a Felony. Felonies are the worst of criminal convictions. Most violations are sealed (shielded) in NYS but not soliciting a Prostitute or DWAI (Driving While Ability Impaired).

New York DWAI will show up on an FBI background check. It will not state that it is a non criminal violation. Most people (employers) will think it is a criminal DWI.

TWO: Full Disclosure

I believe with either DWI or DWAI Full Disclosure is the best policy in 2013. It is just too risky to think it won't show up or come up somewhere. Transparency is genuine, authentic, and in my mind a better strategy to winning over a future employer.

THREE: Your Drug/Alcohol Evaluation/Assessment

The name of the game is risk management. Are you a risk? Are they taking a chance investing in you?Allaying fears is in your best interests early on. Showing and proving you are stable and healthy goes along way to calm fears.

Human Resources wants to put this document in your file, why? so that they can say that they did their diligence in checking you out and confirming you are safe. If there is no investigation into prior problems or issues (as to your ability to be responsible) they might be in for a lawsuit based on negligent hire if you screw up later on.

Hypothetical to Ponder: You get a bank job or financial services position. What if in a drunken or stoned haze they claim you released the Social Security numbers of policy holders, financial accounts, or sensitive passwords?

So just three easy steps, two documents, and a simple paradigm. I think you accomplish three things here,

1. establish a connection
2. create trust
3. earn confidence

It just feels good to get that job!  from liberty.edu

All the best in finding the job/position of your dreams (now make sure it isn't also one of your nightmares).

Lawrence (Larry) Newman

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Ithaca Cortland Lawyer The New Law and New Dangers of Driving with a NY Conditional License

Watch Out!  fm rockhardpress.com

New Dangers Larry? What new dangers? I am so glad you asked.

Almost Everyone with a New York DW Gets One

If you had a New York DW of any type, ie. DWI, DWAI, or ADWI then eventually you will take the DDP (drinking driver program) and then be able to get a DMV conditional driver's license. Conditionals are only given to those with a prior DW, restricted licenses are generally for those who lose their license from points or speeds.

You are in Grave Danger, Do Not Drive Under the Influence of Anything!!

Bill A02285A now makes being arrested for any subdivision of VTL 1192 (any impaired or intoxicated by drugs and/or alcohol) while on a Conditional License to be a FELONY OFFENSE.
Yikes, A Class E Felony in NYS carries 1 1/3 to 3 years in Prison.

see it here:

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill provides that a person operating a vehicle with a conditional license while intoxicated or impaired would be subject to a charge of first degree aggravated unlicensed operation (AU0) of a motor vehicle, which is a class E felony.

It's just not worth it to drive with anything in your body, especially if you already had a prior issue. The Risk is Huge!

DWI Attorney Larry Newman

http://www.ithacadwi.com

607-229-5184

newmanlawrence@gmail.com

Ithaca Cortland Lawyer The Catch-22 of the New Ignition Interlock Law

Ditto, fm warrantless.org

November 2013 we have more pain coming for DWI offenders in New York State. More is better, right? If we just increase the penalties, then we will abolish the crime? I am talking tongue in cheek, if things were only that simple.

New York Bill 02285A is a big Catch-22 in some respects. A Catch-22 is kinda like "you're damned if you do, and you're damned if you don't." In other words, there really isn't a choice or that both choices lead to the same fate. You can't win.

In the new New York State DWI Ignition Interlock world of laws you must now have a device (the interlock) placed upon your car for a minimum of 12 months. Remember it cost about $80 to $90 a month to maintain this in a car. Imagine if you own and operate more than one car?

The New Law on Paper

You are allowed to remove it (must request) if you put it on and keep it (maintains) on for 6 months. Unless, the Judge (the Court) requires (orders) it (as a condition) to be placed on for 12 months. Great that the legislature added that little exception, have any of them actually practiced criminal defense street law is another question.

here is the gobblygook of that:

PROVIDED, HOWEVER, THAT SUCH PERIOD OF INTERLOCK
   20  RESTRICTION SHALL TERMINATE UPON SUBMISSION OF PROOF  THAT  SUCH  PERSON
   21  INSTALLED  AND  MAINTAINED AN IGNITION INTERLOCK DEVICE FOR AT LEAST SIX
   22  MONTHS, UNLESS THE COURT ORDERED SUCH PERSON TO INSTALL AND  MAINTAIN  A
   23  IGNITION  INTERLOCK  DEVICE  FOR  A  LONGER PERIOD AS AUTHORIZED BY THIS
   24  SUBPARAGRAPH AND SPECIFIED IN SUCH  ORDER.

The Real World: The New Law in the Courtroom

In the REAL world, the world I live in, if the new law states a minimum of 12 months then what Judge is going to NOT order it installed for 12 months?

In fact I have been seeing more and more Judges now ordering a 12 month install even though it is a first time offender, no accident, no dependency diagnosis, and no history of drug/alcohol abuse.

This law is in response to recent polls which show that only a third of those ordered to install IIDs actually did. Again the legislature has responded to the doom and gloom by making harsher laws, increased punishments instead of figuring out why we have low compliance.

Is this New New York DWI Law Part of a Trend?

Punishment over justice appears to rule the day. Rehabilitation would be the stance of cooler minds. This position of more and more punishment I believe has now forced California to have release thousands of it's prisoners. More laws, tougher laws, and harsher administrative penalties don't always work in the long haul. How about applying what we have in a balanced way?

What has failed to work in California, super overcrowded prisons and spending enormous sums on maintaining them has crippled their correction system. Has a long term policy of incarceration before rehabilitation failed?

http://www.cnn.com/2013/08/02/justice/california-inmates-release

http://www.americanthinker.com/blog/2013/08/scotus_okays_release_of_10000_california_prisoners_by_year_end.html

DWI Defense Attorney Larry Newman
http://www.ithacadwi.com

607-229-5184

newman.lawrence@gmail.com

Oy Canada 2013, Getting into Canada After a New York DWI or DWAI

Is Molson really Canadian? Yes it is!!! from blogs.ubc.ca

Over the years I have written numerous blog posts on what can happen after a New York DWI or DWAI and visiting Canada. I thought Canada was taking a more civil approach in allowing in New Yorkers. They passed (more like giving a statement) the Tourism Facilitation Action Plan in 2012.

Called OB 389, this Canadian measure directed border officials to relax a bit on first time offenders from the States who did not pose a risk to Canada. see OB 389 here:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob389.asp

Operational Bulletin 389 - February 27, 2012

Cost Recovery Fee Exemption for Temporary Resident Permits Issued to Foreign Nationals who are Inadmissible on Criminality Grounds

This Operational Bulletin has expired.

Summary

A public policy was recently approved with respect to the entry of foreign nationals (FNs) who are inadmissible on A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a Temporary Resident Permit (TRP) for certain offences, including offences such as driving while impaired (also known as driving under the influence (DUI)).

This also related to our New York criminal DWI (driving while intoxicated) and non-criminal DWAI (driving while ability impaired)

With so many 2012 and 2013 article titles, like "Oh Just One Mistake, No Problem" or "Canada wants you now, so come visit, hunt, fish, and recreate" people were lead to believe getting into Canada was easy (or at least easier). BTW I love Canada, when I visit I always see it as such a friendly and clean country.

The 2013 Reality of Visiting Canada with a DWAI

I am fortunate to have clients who share their experiences. The following story is the from one of my clients. I had disposed of his case with a DWAI offense in early 2013, and he had a house in Canada. He lived in New York, worked in NY, but would vacation frequently in Canada. Imagine if he had to sell his vacation property because of a DW?

Larry, just wanted to bring you up-to-date on my status into Canada so you know it is possible with future clients.  I hired an Immigration Consultant to help me through the process.  He had a detailed list of information which I provided to them and then they wrote a letter to the Canadian Border Officer stating our position.  Our position was that since my conviction was for a DWAI that I should not be inadmissable (double negative = admissible).  If the border officer didn't agree, they asked that the officer give me a Temporary Resident Permit (TRP) so I could go to my house (in Canada). 

 So a week before Memorial Day, which is always our first trip to our house, I went to the Peace Bridge to present my case.  The Border Officer I got was a nice guy, but very detailed.  He spent about 1 1/2 hours on his own comparing NYS law to Ontario law.  He said we presented a pretty good argument, but he did not agree with our position.  He said he wasn't going to send me back.  He said I did everything right.  I volunteered myself, put together all the information, and was well prepared.  After lots of note taking by him, pictures, finger prints, and about 4 1/2 hrs I walked away with a six month TRP.  He did not charge me for this one, but every year I have to reapply and pay $200 for the TRP.  After 5 years I can apply for rehabilitation and have the inadmissability removed.  I have had no problem crossing the border since, other than the last conversation I had with the officer was a little confusing.  He looked at my TRP and asked me how long I was in the US.  Didn't know what to say for a few seconds.  Anyway, I have been able to go to my cottage which is wonderful.

 

 What is really strange to me about the process is that I could go a different time and get a different officer and he could decide to not let me in.  Hell the officer that reviews my TRP application next year could decide to turn me down.

 

Here is the number for the immigration consultant for those needing assistance:

Matthew Wiertel, Admissibility Specialist

matt@marclaforceccic.com

Marc Laforce, CCIC

Graystone Centre

3010 Lyndon B. Johnson Fwy. – Suite 1404

Dallas, TX  75234

Tel: (214) 295-6051

Fax: (214) 647-1089

I wish all of you the best of luck in crossing with no issues or being awarded a TRP.

See my prior posts on getting a TRP without spending 4.5 hours at the border.

Lawrence (Larry) Newman

Doctor of Chiropractic

Attorney and Counselor at Law

607-229-5184

newman.lawrence@gmail.com

http://www.ithacadwi.com

Ithaca Lawyer Why You Should Vet Your Next Doctor, Lawyer, CPA, Plumber, etc.

I am a lover of language. When I come upon a word or a term I am unfamiliar with or unacquainted with it bothers me. I want to know the full usage and roots of the word and it's conjunctions and permutations. Deep down I'm fascinated with communication.

SchoolHouse Rock is Still on my mind.

I can remember from my youth, a cartoon called Schoolhouse Rock, the songs were great and the lessons stuck for a lifetime, "conjunction junction what's your function, hooking up words and making them sound right." Anyway, I recently saw the word "vetted" as in to vet someone. I originally thought oh that high falutin term was associated with checking out a Politician or a Judicial nominee.

Little did I know that the term "to vet" is now being used to check out the background of anyone you are
hiring, engaging, employing, and/or taking on as a partner/associate. With Google and the internet we can Vet (kinda close to vent as well) easily.

Not this kinda Vet, from yourerdoc.com

I have been Vetted and I have Vetted. I think Vetting is good because transparency in life and business leads to a more level playing field. All the BS of Wizard of Oz behind the curtain shenanigans exposed for what it is, just another game. I like to play games but not be played. Whether buying a car, picking a mechanic to work on it, staying at a hotel or even eating at a restaurant I want to know what I'm getting myself (or my family) into.

Want to save time, money, and more importantly avoid a potentially bad experience, then VET!!

How to Vet A Professional Hire

1. Google them (seems obvious enough) but moreso, all there names (middle, common), and AKAs, all their businesses, and their associates, if any. Don't stop at page one or two, go on to page five or ten. Something may not show up in the early pages. Look for pictures, facebook, and videos, for the "person" behind the profession. Are they human or just another corporate talking head?

2. Search Reviews and Complaints, some professional organizations like http://www.avvo.com
have rankings, reviews, and endorsements for doctors and lawyers.

Does Your Professional Pass The DUCK TEST?

If it walks like a duck, sounds like a duck, and looks like a duck, guess what? it's probably a duck.

Ducks are easy to spot, from stanford.edu

3. Look at Bar Associations for membership, certification, and disciplinary actions. This should also come up on a google search.

4. Look at their life History, and check cross links for consistency and inconsistency. Do they really cover an entire state for services? What is their background in? Do things add up? They wrote books on corporate law, worked for the Federal Government, and clerked for a family judge, so does that background make them a great DWI lawyer or a Personal Injury Lawyer?

5. Do they reveal their philosophy, their ideas, their ethics, and their professionalism in any of their postings? Do they even have any postings? Are they a ghost, with no past? Do they even have a picture on their website?

In these times being able to trust, to have confidence, and to form a connection with the people you choose to hire is stress relieving. Uncertainty when dealing with YOUR PROBLEMS is troubling. There are always minefields when dealing with an acute/chronic disease, the courts, legal proceedings, criminal charges, the New York DMV, and health care practices. Dealing with them badly not only ages you early, it also may leave you in a constant state of fear and anxiety, or consequences that are irreversible.

Do your diligence, investigate, check out, before you take on anyone for anything important.

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

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY  14850

607-229-5184
http://ww.ithacadwi.com

newman.lawrence@gmail.com

Ithaca Lawyer Reports New 5 Point Violations for Cell Phone, Texting, and Electronic Device While Driving

Dangerous Devices to Use While Driving in New York
from dvice.com

Well the big news this weeks is the surprise from our own Governor Cuomo. You can still use a phone and even text while driving in many states. See map below.

Yellow States Still ALLOW Texting and Phone
from lawyerblog.com

The national trend is against ANY form of distracted driving via USE of ANY electronic device. New York is taking this all very seriously with these emergency measures, and wanting to put an end to what I consider to be "amateur" drivers.

Serious (High Point) Penalties and Consequences

1. Change to 5 Points for New York State violations of VTL 1225-c (use of a mobile telephone) and 1225-d (use of portable electronic devices) after June 1, 2013.

New York State already had laws against using a cell phone while driving, and texting while driving, and using any electronic devices while driving (think ipods, ipads, portable storage devices). For a short history lesson: It went from no points to five in less than two years. It was no points before February 2011, then 2 points in February 16, 2011, then 3 points in October 2011, NOW FIVE POINTS in June 2013.

2. This change will transform violations of VTL 1225-c and 1225-d into "high-point driving violations."

Now they are in the same category, and seriousness based on points as VTL 1212 Reckless Driving ( a five point misdemeanor), and VTL 1174 (a) failing to stop for a school bus.
For perspective this is more serious than VTL 375 (1) Inadequate Brakes on a truck (a 4 point misdemeanor).

3.  This change will also have significant consequences for those with prior "alcohol- or drug-related driving convictions or incidents" under the new 15 NYCRR Part 132 (dangerous repeat alcohol or drug offenders) and the recently amended Part 136 (Licensing or Relicensing After Revocation Action). Remember two serious traffic violations plus DWs and bye bye driver's license.

4. Added words = new definitions:

The law also adds to the definition of portable electronic device in VTL 1225-d (2) (a) "any other electronic device when used to input, write, send, receive, or read text for present or future communication." 

And the new term "using" is re-defined in 1225-d(2)(b) will be defined as "holding a portable electronic device while viewing, taking, or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data."

Bottom Line:

Don't look at or touch ANYTHING while driving except your steering wheel.

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

Fighting for What's Right: Can Police Issue Tickets for Violations They Never Saw?

Car off the road, and then you get tickets, was your speed Not Reasonable and Prudent?
from lefrancophoney.com

I'd like to imagine I'm a pretty easy going guy. Don't ask my wife about this, because she knows better and believes that I can be a big PITA (pain in the ass). Certain things just bother me. I'm annoyed by unfairness and unprincipled conduct. So that means I must spend a large majority of time away from people, government, and businesses to avoid being mad.

Maybe that's why I moved to the boonies? Yeah, Ithaca is the boonies when you were born and raised in Brooklyn.

Making Friends

I got into a little argument the other day with a Deputy. Great guy, dedicated, and bright but he believes he is entitled to write up people for speeding (traffic) violations he never witnessed. He stood in front of me and counted off reason after reason why he believes that people that go off the road MUST be going over the speed limit.

1. he arrived on the scene without going off the road
2. other cars passed without going off the road
3. he would testify to reconstruct the scene in court

So therefore, my client must have been speeding, as in "Speed Not Reasonable and Prudent" VTL 1180 (a).

Why this common and ongoing practice is illegal:

1. NYS CPL 140.10 (1) (b) prohibits (stops) a LEO (law enforcement officer) from making an arrest or issuing an appearance ticket (traffic ticket) for a violation (infraction) committed outside of their presence.

2. Officers, troopers, and deputies can only write unseen violations for three situations. All involve an accident, and/or leaving the scene and/or alcohol.

So the moral of this story is don't accept this common police practice sitting down as in just pleading guilty. Confront, hire an attorney, and take it and them to court.

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