Ithaca DWI Lawyer: New York Ignition Interlock Violations are Crimes

Since 2010 any New York DWI case must have a mandatory court ordered ignition interlock device. The default court order is 12 months but with good behavior (NO violations) you can request that the judge remove after 6 months. What if you are NOT perfect? What if you violate the terms of the ignition interlock device?

What if the county monitor for your interlock decides to violate you?

Ithaca DWI Lawyer: Is a Drug or Alcohol Problem a Mental Health Problem?

Post traumatic Mental Health Disorders
From The National Institute of Alcohol Abuse and
Alcoholism 

I recently had a client who was upset with their healthcare providers. Their doctors and nurse practitioner were characterizing their drug/alcohol abuse, and the concomitant DWI as a mental health disorder. Many if not most healthcare providers now see alcoholism and drug addiction as a disease much like diabetes or a heart condition.

Is it wrong and/or dangerous to label people struggling with drugs or alcohol with a mental disorder versus a drug/alcohol problem?

Ithaca DWI Lawyer: New York Dangers of Possessing Concentrated Cannabis

Hash Oil is Potent

New York State has a special set of laws and regulations for marijuana. In fact, a small quantity of pot  is merely a violation in New York State. It's called UPM (unlawful possession of marijuana) under NY penal law section 220.05 Any amount from resin (yes resin in a pot) to 25 grams is still UPM in New York.

But be mindful that even resin Unlawful Possession can still carry many collateral consequences outside of court like ineligibility for Federal students grants, loans, and aid. What's far worse than garden day variety weed is concentrated marijuana.

How does New York define concentrated cannabis and how is that different than being charged with a Penal law section 221.05 UPM?

Ithaca DWI Lawyer: Off the Job Marijuana Use Leads to Legal Firing

Quadriplegics Aren't Protected
Under Federal Marijuana Law 

As we all stand witness to both the changing laws and the growth of the marijuana industry I am greatly troubled by all the injustice. But Larry twenty five states have medical marijuana and eight have recreational marijuana, isn't that great progress? Well yes and no because the law is still greatly imbalanced and confusing.

We have no uniformity with what driving while high on THC even means, we have four different standards nationally for driving impaired by THC. We have no uniformity for the medical use and prescription of marijuana amongst the twenty five states legalizing it's use. And we still have Federal law on controlled substances which just this past year has labeled marijuana as Schedule one right next to heroin and LSD. A recent Colorado case highlights just how messed up things still remain.


When a quadriplegic can't use his legalized medical marijuana without punishment well what about the average joe?

Ithaca DWI Lawyer: Can Your Depression Look Like Impaired Driving?

Antidepressants are CNS Drugs
Depressed People May Look Impaired 

It's a funny thing about depression, it has many of the same symptoms of DWAI drugs (driving while your ability is impaired). Yes it's true, many of the same signs and symptoms of untreated or even under treated depression can be viewed as a driver under the influence (impaired by) of drugs.

If you get pulled over while on your antidepressant medication can the officer charge you with DWAI drugs? Does that really mean you are driving while impaired in New York State?

Ithaca DWI Lawyer: Do Opioids and Driving Equal DWAI?

Drugged Driving Can Lead to a DWAI

The reality of narcotic use and driving is far from the media in truth. There are millions of Americans who utilize prescription narcotics like hydrocodone and oxycodone for chronic pain. They are not addicts or using these medications recreationally. At a recent DUI conference in Tucson, AZ Dr. Fran Gengo, a pharmacologist related a story of two people using pain meds. One is Johnny, and the other is Johnny's grandma.

Now while Johnny uses grandma's pain pains to get high grandma has two medical conditions, spinal stenosis and degenerative joint disease. She takes her pills throughout the day on a schedule to moderate her discomfort. If Johnny and Johnny's grandma both drive who stands the greater chance of being DWAI drugs? If Johnny's grandma has a higher blood concentration of hydrocodone does that mean she is more impaired than Johnny?

Ithaca DWI Lawyer: The Dangers of Marijuana Use and a State License

Nothing Like a Colorado Rocky Mountain High

Just this month a New York Times article really brought to light how we are living in dangerous times. The best of times and the worst of times when it comes to the legalization of marijuana. With more than twenty five states now with medical pot and many with recreational marijuana sales in the billions are we heading for National legality? Are we as far as we think we are progressively when it comes to accepting marijuana for what it is? If you hold a teaching certification or other professional license in New York State is it dangerous to smoke or consume marijuana while on a Colorado or California vacation?