Tuesday, February 28, 2017

Ithaca DWI Lawyer: Just How Safe is Your Social Media?

Whenever we have someone charged with a drug and/or alcohol related offense we ask that they take down their social media accounts. This is for a number of reasons but the main one being do you want the government looking at your Facebook page? Are there pictures or comments online that you would rather not have misinterpreted. Many people these days post pictures of themselves smoking marijuana, using drugs, and partying. Even posting talk (truth or fiction) about how messed up YOU got at an event or party can cast you in a bad light with the prosecution or a judge.

So just how accessible are your "private" or "public" social media accounts?

Monday, February 27, 2017

Ithaca DWI Lawyer: DWI Probation: What Do You Have to Prove?

Probar or To Prove is Very
A propos for PROBATION 
People love to throw around the term probation with even knowing it's full meaning. The word "Probation" comes from the latin, Probar, to prove or to test. People are given a chance to prove themselves, to go through the tests that are probation to emerge a new person. Probation for DWI or DWAI drugs in New York State definitely have tests but there not ones you can study for. Sobriety must be absolute as to alcohol and drugs.

But what exactly does probation for DWI mean? What do you have to do to prove yourself, and how exactly do they test you?

Sunday, February 26, 2017

Ithaca DWI Lawyer: DWI Probation By The Numbers

Some people who are arrested for a New York DWI are placed on community Probation Supervision. Whether an adult who commits a crime needs to be supervised is the real question? Some people who are convicted of DWI or a DWAI drugs absolutely need some form of monitoring post-sentencing. Now whether the monitoring is just having an IID (ignition interlock device) installed in their car or whether they need an overseer for rehabilitation and treatment for a drug/alcohol problem are two ends of the spectrum.

How does a county probation department make that determination for a DWI or DWAI drugs offense? Where does the decision for New York DWI probation truly begin?

Saturday, February 25, 2017

Ithaca DWI Lawyer: Is a Transfer of Misdemeanor New York DWI Probation Possible?



For all my years practicing law I have never seen or heard of a New York State misdemeanor DWI case with probation being transferred to another state. I had seen plenty of felony DWI cases get transferred but never ever a misdemeanor level case till this year.

In 2017, we have had out first request by a probation department to transfer a DWI case out-of-state. When is misdemeanor DWI probation transfer a possibility? How does it work to transfer a New York State misdemeanor probation?

Friday, February 24, 2017

Ithaca DWI Lawyer: Ithaca Starbucks Grows Up, We are a Reserve Store and Have a Clover

Try the Clover, It is Amazing!!
In all my years practicing law in Ithaca our one local downtown Starbucks has remained a regular Starbucks but homey. In recent months the downtown Starbucks has gone through a metamorphosis. First, my disappointment going to the the Collegetown Starbucks store this summer. I always walk up the hill as a meditation of sorts but never went into the store there. To my surprise they don't serve much regular (drip) coffee. NO bold coffee for us older folk at this Starbucks. They serve mostly drinks I'm told so pour over I go when there. No drip coffee so NO milk/creamer bar either, what?


Then our downtown Hilton Starbucks got remodeled, soft comfy chairs and lounge tables are now gone. In their place are now perfectly lined up and cold chairs and coffee bars with more space for more people but we did lose something in the process. The feel of cozy is gone but it is a big grown up Starbucks now. It has also graduated to a Reserve store with a Clover. Ah the Clover, magical machine that it is. If you don't know the Clover then you haven't had a crazy good cup of coffee.

Thursday, February 23, 2017

Ithaca DWI Lawyer: The Triad of Fatality: Speed, Drugs, and Distraction

A recent NHTSA (National Highway Traffic Safety Administration) statistic highlighted a huge rise in the number of fatalities on our roads today. In the past two years deaths are up 14%. That is huge increase, and you would think in this day of modern smart-cars (much like smart phones) with anti-lock breaks, automatic breaking, lane departure warnings, heads up displays, and traction anti-skid/anti-slip control, all wheel drive, symmetrical steering, now I'm just making stuff up, but anyway why?

Why do we have such an increase across the board in road accidents and deaths?

Wednesday, February 22, 2017

Ithaca DWI Lawyer: The Gift of New York Zero Tolerance?


It doesn't happen very often that a criminal charge or any violation offense involving alcohol is reduced to a NON charge. The majority of DW charges (DWAI, DWI, ADWI) in New York are often reduced to something but not something quite as unique as Zero Tolerance. Well if you are under 21 and get an outcome of Zero Tolerance on your case it is a NON-conviction.

What has to happen to make it a non-conviction? You mean to say a New York DWI goes to not a violation, nor to a misdemeanor but something else entirely?