Monday, November 24, 2014

Ithaca DWI Lawyer: The Dangers of Using a Fraudulent ID ( Fake Identification) in Ithaca, NY


FAKE IDs Abound on Most College Campuses
Warning: Do Not Try to Use them to Buy Alcohol in Ithaca

I am old enough to remember a time when you could get alcohol at the tender age of 18. Funny how that proved not enough to stop me from having someone else's id as a kid. Yes, I hope the statute of limitations has passed on that offense but seriously when you are not young enough to go into certain places it's all you think about.



1984 was a BIG Year

Not too long ago, 30 years to be exact all the states were coerced into changing the minimum drinking age to 21 to receive government funding. See National Minimum Drinking Age Act of 1984. So as of 1984 you can vote, you can fight, you can contract, and you can marry BUT you don't have enough mental function or a right to legally drink. Where the logic is in all of that is something else.

Today Fakes are Common and Very High Tech, But how dangerous are they to use in Ithaca, NY?

Saturday, November 15, 2014

Ithaca DWI Lawyer: What Happens When a Judge Rejects the Plea Offer?


"Don't count your chickens before they hatch."

My grandma taught me a great many things. The truth of her words came from a Russian farm culture. She would often say things that would resonate with me for years to come.


What Happens if The Prosecutor Offers a Great Deal but . . .


Friday, November 14, 2014

Ithaca DWI Lawyer: Can a Prior Out-of-State DUI Affect Your New York State DWI?


Our Little Ithaca Bridge: South Hill to Downtown

If you have a prior out-of-state DWI then you will potentially have greater issues with your current New York State DWI case.

So Many Acronyms of DWI

Remember if you have an (OWI) Operating While Intoxicated charge or a (DWI) Driving While Intoxicated charge or a (OUI) Operating Under the Influence charge or a (DUI) Driving Under the Influence charge they will all be the same back in New York State for both purposes of licensure as well as potential enhancement.

Can ANY Prior DUI Be Used Against YOU?

Your DWI and CPS (New York Child Protective Services)?

Charged with DUI and CHILD NEGLECT

In NYS the majority of DWIs reported to CPS (child protective services) come from law enforcement following an arrest of a parent for an aggravated DWI. I have even seen people use the DWI charges against one another in child custody cases.

Who usually reports you to CPS for your DWI and when?

CPS (child protective services) and Your DWI Charges: Is it Abuse and Neglect?



If you have been charged with any DWI or DWAI drugs in New York and you have young children CPS (child protective services) MAY be notified. But if you have been charged with an aggravated DWI because you were driving while a child under 16 was in your car then the police MUST notify CPS.

When is CPS contacted? What happens next? Does a parent's DWI mean child abuse or neglect?


When the Police Must Report to CPS (Child Protective Services) and NY Aggravated DWI

Substance Abusing Parents are Front Page News
The Stats:


  • 85% of abuse related to Substance Abuse (drugs/alcohol) and poverty
  • 9% of ALL children live with one parent that abuses (drugs/alcohol)
  • 25% of ALL children that die from abuse or neglect had mothers who were addicted to drugs/alcohol



If you are charged with an Aggravated DWI as a Felony in New York that means you have driven your car either:

1. While having a BAC (blood alcohol content) .08 or more (chemical test of your blood or breath), or while impaired by drugs, or while impaired by drugs and alcohol in combo;

OR 

2. While the police allege (their opinion) you were mentally and physically incapable of operating that vehicle safely (common law intoxication)

AND

You had a passenger or passengers who were under the age of 16 (15 years of age or less)

IF

Any of these child passengers were under your care as their

Legal Guardian, Legal Custodian, or Parent 

then the police MUST put in their paperwork along with the DWI charges CIV

CIV = (Child in Vehicle) 

and

They MUST contact CPS (Child Protective Services) and Inform them of these charges against YOU.

You will then be under scrutiny for a host of potential issues.

Do you have a drug/alcohol problem? Are you a bad/negligent/abusive parent, custodian, guardian of this child or children?

Always remember to 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

 

What are the Two Types of New York Aggravated DWI?

I recently had a person call me utterly confused by her online searches for information. She had ran out in the middle of night to pick up her kid, was not expecting to, and whammo, aggravated DWI.
She was confused because her BAC was only a .09 and her paperwork, said FELONY? How was that possible? Her kid was 15, and so many lawyers and websites said, no, it's someone UNDER 15.

You know how if you say something enough times and in enough places incorrectly it just takes on a life of it's own and somehow becomes TRUE, well that's the internet. Accurate and Reliable Sources are important.

How much Misinformation is floating out there?
from blogs.uww.edu

What is the truth about New York Aggravated DWI charges?