Ithaca DWI Lawyer Gets Ready to Move to New Digs in May 2014: House for Sale

My wife and I have 4 kids. Three have left the nest and one is only a year away from going off to college. With some trepidation we put the house up for sale today! Just don't need a ton of rooms and space anymore. So our beautiful home/office combo at 504 North Aurora Street is on the block.

We had planned on waiting out the year but they just built this brand new apartment building downtown at 140 Seneca Place. We stopped in to check it out a few months ago, and were blown away. Yes, less than twenty minutes after seeing the posh modern two bedroom two bath apartment with views of downtown Ithaca my wife looked at me and I at her ,,, we have to take it, it won't be there in a month let alone a year. One thing I have learned over the years, grab a good deal or something you really love especially if it's in limited supply. Snooze and you lose. Signing that lease was easy.

I also signed a lease on a modern office suite right across the street from there at the Gateway Plaza (right above Pizza Napoli). The Gateway space has a nice conference room, kitchen, and parking. The plan is I can literally fall out of bed, and land in my new office anytime. Yeah the old downtown house was charming but not so much on heating, cooling, or ventilation. After all it was built in 1889.

BTW Both of these new spaces have all the modern amenities. There is nothing like central air and heat.

And as much as I'll miss our old home and it's front and back porches, the roof top deck with BBQ grill at Seneca Place awaits. I certainly won't miss all the maintenance.

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

Ithaca DWI Lawyer Attends The 28th Annual Metropolitan New York Trainer

In the background is one of my favorite speakers of the day, Attorney Jeff Adachi
Chief Public Defender of the City of San Fran, an amazing speaker!

This past weekend I attended the Twenty-Eighth Annual Metropolitan New York Trainer which is put on by the New York State Defenders Association. This year it was hosted at New York University Law School. This grand old law school, has amazing history. It is New York's oldest law school and has been attended by a great many famous judges. In fact our current chief judge, the Honorable Jonathan Lippman (NYU 65' and NYU Law 68') hails from this grand institution. He is working hard at progressive reform and transformation of some of our antiquated New York laws.

Washington Square Park is right across the street from NYU
It is a beautiful park, and I love the marble arch erected in 1895.

I love coming to city. Some things I didn't love were the packed room of 350-400 lawyers, with not an empty seat in sight. The seats in Tishman Auditorium at NYU were from the "before" time with little fold out desk tops, and hard backed chairs. Not comfortable for a full day of seating for us more mature (maybe chronologically but not emotionally) lawyers.

I didn't love the Washington Square Starbucks aka Starbucks at Faye's aka NYU Sbucks at trying to charge me $1.09 for an empty cup. I've been to Starbucks all over the world and throughout the US and have never had such a sour experience. I like to mix my milk separately (call me neurotic). I later found out it is a licensed Sbucks not a corporate Sbucks meaning it does not have to live up to Sbucks focus on service or civility.

I also dined on famous Ben's Pizza at lunch, which gets a 3.5/5 stars, sorry Ben's. I liked the little New Zealand Australian pie shop (the village is cool) called DUB Pies on Mac Dougal Street (Down Under Bakery). I had a spinach feta pie, and a mini apple pie, simply yummy and 5/5 stars. The pies were not cheap (had both for like 8 bucks) but nothing (of any quality) in the city is inexpensive these days. The weather was an incredible 60 plus. Driving back to Ithaca Sunday it was snowing and dropped into the teens (yuck).

What I learned was the bonus:

1. Recent Developments in New York Criminal Law and Procedure in the Court of Appeals.
2. Using Checklists to Improve Outcomes in Criminal Cases.
3. Challenging "Scientific" Evidence.
4. Preparing For and Litigating a SORA Hearing.
5. Summation Choices for Criminal Defense.

I really wasn't expecting the using checklists talk to be so insightful but it was. The speaker is "the" Chief Public Defender for the City of San Francisco. He is one of only a handful of elected Public Defenders around the country. The only city in California to have one, and one of four others in the country. He manages 97 attorneys and 80 plus support staff to assist a city population of a million people with legal aid. He was absolutely brilliant and well organized to task. I plan on implementing many of ideas he shared to better my practice.

All the rooms at the law school are set off with lovely moldings
and fantastic woodwork. I can appreciate the attention to detail.

Continuing education is not about the CLE hours for me, it is about growing me, and as a result my legal practice. Just one good idea can be transformative, and that is always my goal from any seminar, conference, book, and/or audio program I invest in.

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 Read Carefully of Courtesy, and Banker's Letters

It costs nothing to show courtesy
from guelph.ca

You know my father in law is an ex banker. We are all indebted to the bankers and banks for allowing us the privilege of borrowing money to get our educations, start businesses, and buy homes. I recognize that but I don't like words or terms of BS.

BOA recently sold their local branches to Chemung Trust. I like them for a few reasons. One, great service, two, free cashier's checks, and better candy than BOA lollipops (hey I'm over 5, well maybe not emotionally). A recent letter from the bank put them back into the position of BANK.

What is Courtesy Pay at Chemung?

Dear Customer:

Our Courtesy Pay is a non-contractual service (yet I am being asked to sign up for it), which allows the bank's discretionary payment of overdrafts for those accounts maintained in good standing. There is NO charge to have Courtesy Pay available with your account; although a $35.00 fee is charged each time you utilize the service.  (all emphasis is mine)

It took me a few minutes to reconcile NO charge with $35.00 each time but it finally clicked. Sounds kinda nice this Courtesy thing but is it really a Courtesy if I am being charged $35.00 each time?

Courtesy = considerate act or behavior, politeness, thoughtful  BUT DOES NOT = $35.00 each time.

Hey Chemung a Courtesy Phone is FREE!
Hey Chemung it's called "common" courtesy for a reason.
Courtesy Costs Nothing or at least it should.

You can call something whatever you would like to but that don't make it so!

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 DWI Lawyer Can You Get Rid of Your DWI Arrest Record?

I recently received this inquiry from a former client (the names, dates, times have been altered)

I have a question regarding my arrest history, which is widely open to the public—displayed on the Cornell University police website. I was arrested by Cornell University police many years ago, and was accused of DUI. I almost erased this unpleasant memory from my ordinary life, but I was reminded of this incident when I received an email from a friend. 

My friend said that he conducted a Google search to find my education history information by typing ‘my name + Cornell.’  Instead of finding my education history, he found my arrest history on the Cornell police website.

I was very surprised, stressed, and this is making me feel unsafe because my private record is has been widely open to the public. Indeed, I do not intend to hide my arrest record if someone requested this information for an appropriate reason and using the proper procedures, I would provide that person with this information.  However, I do not think it is legitimate to open my personal information and history to the public so everyone can search my arrested record.  

 My questions are as follows:

1) Is there any way to get rid of this record from the police website? Do the police keep these histories permanently?

2) If it is NOT possible to erase this arrest record, is there any way to block the record from being searched using Google or other search engines?  This blocking process, of course, has to be legitimate. Do you have any idea or advice on this?

My response:

It's impossible. It's like erasing the news or the weather. It happened and it was a public record. How would or could anyone erase something like that ? 

Arrests are reported to the news. It is afterall a "PUBLIC" event/incident.

I guess the first question is: Is it or are you newsworthy? 

How much or how little of it is talked about or written about YOUR DWI would be determined by the severity of the charges? Was there an accident? Were there people hurt? Are you someone of prominence within the community? A political candidate is most definitely front page even if their DWI is minor as is the guy that works a local fast food place that kills someone.

Are you of interest to the public? The truth is that Bad news sells.

I think searching your name over and over would not help to bury your history on page 20 of google. It is kinda like asset protection or security. As good as it is or no matter what you spend "It" is never 100%, it just makes it more difficult for people to get at or to your stuff. People prefer easy and do not like to work hard so I would just forget about it and leave it alone.

I believe that in this day and age "If" someone searches long enough and hard enough I am sure they would discover arrests, divorces, license problems, education history or your review of a restaurant in Cleveland.

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 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 Explains the Maryland Driver's License with a New York DWI

The Protections of Double Jeopardy and Administrative License Sanctions

All states are not the same. When it comes to DWI/DUI license penalties, one state will punish your first time out of state DWI/DUI, and another will do nothing about it. One state will fine you thousands of dollars (New Jersey is $3,000) another will have no fines at all (Pennsylvania). One state will take away your license with absolutely no conditional (work) privileges, and another will no effect any of your driving privileges.

I love Ashley Judd and Tommy Lee Jones
Great Movie btw, from tehparadox.com

Many people mistakenly believe that double jeopardy applies to license punishments in DWI cases, it does not. Double jeopardy means you cannot be punished for the same crime twice but when it comes to license issues (problems) you can be punished twice!

BECAUSE

A license is a driving "privilege" NOT a right. It is a permission to do something akin to a property right in some sense. What that means is that if and when you are facing license sanctions (ie. punishments) in one jurisdiction (area/state) it is likely that you also be facing a license issue back in your home state as well. Administrative privileges have much lower levels of proof, almost lower than a civil level. If something is a little more likely than not to be true, well then it is.

The First KEY Point is Does the New York Offense = the Offense Back in Your Home State

By legal definition is it "substantially" the same? Or is it different?

I recently had two cases of Maryland licensed drivers with pending New York DWIs. The big win on both was getting the criminal misdemeanors reduced to our non-criminal violation offenses called DWAI (driving while ability impaired by alcohol). This is New York VTL 1192- 1.

I belong to the NCDD (National College of DUI Defense), and with out of state license holders I call my friends in these states who are conversant with the current laws and administrative rules pertaining to DUI/DWI.

Maryland DUI Law versus New York DWI Law

In these cases with Maryland I discovered that there is a Maryland charge of ability impaired. The Maryland DUI Impaired is "prima facie" at .07 BAC (blood alcohol concentration). Prima facie evidence means facially sufficient proof to bring the charge but not necessarily prove the charge. It is disputable, and arguably not impairment at .07 BAC. In Maryland it is "assumed" that at .07 you are impaired by alcohol. While in New York state if YOU are .06 BAC there is a legal presumption that your ability was impaired by alcohol. Maryland also imposes 8 points on your license for what they consider DUI impaired by alcohol.

This means that one could argue that Maryland alcohol impairment and New York alcohol impairment are fundamentally (substantially) different charges, and therefore any punishments (sanctions) brought on a Maryland licensed driver with a NYS DWAI should NOT be imposed.

Practical Decisions with Maryland Licensees with New York DWAI

First, Maryland has a MVA (Motor Vehicle Administration). I advised my clients who did not reside in New York to take the Maryland alcohol awareness course, called the AEP (alcohol education program). If they lived in NYS they could take our 15 hour 7 week course called the DDP (drinking driver program). New York should give reciprocity to the Maryland program as well. It is a total of 12 hours (6 sessions of 2 hours each session). The Maryland program includes an assessment which could lead to a referral if they feel you are an alcohol abuser or dependent. If you are referred, their full blown program is 26 weeks, easy math, 6.5 MONTHS!

If and when Maryland DMV comes knocking (and they will) YOU will be prepared to show YOUR completion of this course. It will likely take 4 or more months for your New York DWAI to get from our DMV to their DVA.

The big IF,

If Maryland wants more penalties from YOU then YOU can opt for an administrative hearing with their DVA, and then you and your lawyer can then demonstrate that the NYS offense that you plead to was not substantially the same as the Maryland DUI ability impaired.

Why Proactivity Trumps Passivity

I believe that having completed on your own accord (without prompting) the Maryland 12 hour alcohol awareness program would bode well to demonstrate your commitment to not repeat any further alcohol driving related transgressions. It combined with showing the inequality in law between Maryland and New York could sway an administrative judge to NOT punish you further, this is always a good thing!

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.

Is it Really Hard to Say I'm Sorry? The Power of Apology in New York Criminal Case Sentencing

My son came home from college last weekend. Nothing like riding in his car and listening to his music. This time was different. He is taking this music class which focuses on the 1960s, 1970s, and 1980s. Hey that was my time, and my kinda music. He was playing everything from Carole King to Dylan to the Moody Blues to Chicago in his car. I was really rocking to oldies. I could ace that class.

Him playing Chicago's 25 or 6 to 4 reminded me of Peter Cetera which then reminded me how much I loved the song "Hard for me to say I'm Sorry." A number one hit in the early 80s, and the lyrics were powerful. Which all then reminded of Why more people can't, you know, apologize.

So the song relates to two main themes: 

1. proclaiming you are sincerely sorry and
2. promising to do better

New York Criminal Sentencing

I have sat for hours in front of many judges in many courtrooms. At final sentencing, they have to ask the defendant "Do You Wish to Say Anything?" What percentage of people say anything, in my world the number of people that ever say anything in open court is less than 5%.

I ask WHY?

Well one reason could be they are planning on an appeal? They wish to appeal their conviction? Except in most cases they have plead guilty to something, so what would they be appealing?

The BIG Question: Would it hurt or help to say, "I am sorry"

In many cases, a sincere and planned apology might sway a Judge. I can't even begin to tell you the number of times I have seen Judges moved to more lenient sentencing. This was in the face of a prosecutor out for blood (or jail or prison).

To say it never happens is ridiculous. Now just saying the words with nothing behind them is meaningless, and may even cause more harm than good. Giving an apology without more, without the promise (hope) of a better tomorrow is uneven. I have asked Judges would you like to hear anything at sentencing, a unanimous yes from most, and their favorite expression: I'm sorry.

Words Plus Emotion Create Motion

You want to move people then be moved. Come from the heart and the head. Hope keeps the preachers, priests, doctors, and rabbis in business. People thrive on hope, which is the sincere belief that tomorrow can be better than today. The brighter future is not a false dream.

Talk to your attorney about the value of confession, of the value of apology, and of the value of promise because in the end it may make a difference. If you are on that proverbial fence, and one side is truly greener than the other, the right words at the right time may make a difference.

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.