Can the Judge Keep your Out-of-State Driver's License after a New York DWI?

CAN THE JUDGE KEEP 

YOUR OUT-OF-STATE DRIVER'S LICENSE AFTER A NEW YORK DWI?

http://www.ithacadwi.com

The police will usually issue multiple DWI charges for the same event. DWIs come in all different sizes and colors: there is alcohol DWI and drug DWAI, and high BAC aggravated DWI, and common law DWI, and DWI per se. 

In this video, I seek to explain why the judge or the police should not take or keep an out of state driver's license after a New York DWI arrest.

Any New York DWI will eventually result in a license suspension by the court, but New York Courts only have power and jurisdiction over your New York State driving privileges. An out of state license is still good in the other 49 states. The Courts are supposed to merely photocopy your license and give it back if you are from another state. Sometimes Judges and police take and keep a license form an out of state motorist... this is wrong on multiple levels. It is holding their property (the license) hostage.

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties of Upstate New York , give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising

*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal Defense lawyer: How long is an ARREST WARRANT open for in New York?

HOW LONG IS AN
ARREST WARRANT 

OPEN FOR IN NEW YORK?

This video is about New York State arrest warrants. Arrest warrant whether for a misdemeanor or a felony charge will remain open forever or until the charge is dealt with.

Usually they won't come after you in another state for a misdemeanor charge but if you are stopped by the police or someone pulls up your history it will likely show up they you still have outstanding charges.

We have assisted people in clearing their records even after many years have gone by. It proves difficult if not impossible to get a driver's license, passport, professional license, real estate license, or other state certification without a cleared criminal history.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties of Upstate New York , give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising

*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Corning DWI lawyer: the TRUTH about New York Speeding Tickets and POINTS

The TRUTH about New York

Speeding Tickets

and POINTS

This video is about points from moving violations, like speeding. Most tickets have points associated with them but do they matter? The DMV, Department of Motor Vehicle puts these points on your driving record but will they affect car insurance? If I am licensed out of state will my state get these points?

Points don't count as much as most people think. Points in New York can cause a license suspension (11 points in 18 months), can trigger three years of DMV surcharges but they will not affect car insurance.

Points are different state to state.
Points are not always transferred the same state to state.
There is no nationally recognized point system for tickets.

Car insurance is affected by the nature and character of the offense.

If you have questions about a speeding ticket or another moving violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi
DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Steuben County Ticket lawyer: The TRUTH about NY Tickets and Car Insurance

The TRUTH About

New York Tickets

and Car Insurance

This video is about New York State tickets for moving violations, like speeding. Most tickets have points associated with them but do they matter? The DMV, Department of Motor Vehicle puts these points on your driving record but will they affect car insurance? If I am licensed out of state will my state get these points?

Points don't count as much as most people think. Points in New York can cause a license suspension (11 points in 18 months), can trigger three years of DMV surcharges but they will not affect car insurance.

Points are different state to state.
Points are not always transferred the same state to state.
There is no nationally recognized point system for tickets.

These are the Serious Traffic Offenses Nationally:

Reckless Driving
Speeding 15 mph or higher
Following Too Closely
Unsafe Land Change

The main point is that Car insurance is affected by the nature and character of the offense.

If you have questions about a speeding ticket or another moving violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Watkins Glen DWI lawyer: 3 situations where it's SMART to REFUSE a chemical test in NY

Three Situations where it is SMART

to REFUSE a Chemical Test

in New York

This video is about three situations where you probably should not take a chemical test of your breath, blood, or urine. In other words you REFUSE to give the police a body fluid sample for testing for alcohol and/or drugs.

1. If this is not a first DWI, DUI, OUI, OWI in New York or from any other state. New York can enhance a second DWI using another prior one, even from another state if the prior was within 10 years time.
The enhancement would make this DWI a FELONY level offense. Subjecting you to prison on a felony conviction.

2. If you knew you drank a lot or were blasted. Giving them a sample would probably show a super high BAC level, and potentially an aggravated BAC of .18 or more. High BACs make you subject to higher levels of punishment.

3. If there was an accident with injuries. These are the most costly of DWI and DWAI drug cases. They are prosecuted harder and are punished most severely.

If you have questions about a DWI or a DWAI drugs case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Watkins Glen DWI lawyer: Is it SMART to Refuse Police Tests in NY?

Is It SMART to Refuse Police Tests

in New York?

This video is about whether it is smart to take any police DWI tests. Some people take some of the police roadside tests like the one leg stand, and the walk and turn test, but then refuse the chemical test of their breath back at the police station. That is called a refusal. 

Other people take the big breath test but don't take the field tests. In my opinion if you're going to refuse, refuse all, and don't make any statements. Everything you do, everything you say, and every test you perform is evidence. It is all evidence that they intend to use against you to prove DWI or DWAI drugs.

Evidence that even hints of impairment or intoxication is going to make you look bad in their police report. It basically gives the police ammunition to use against you in a court of law.

If you have questions about a DWI or a DWAI drugs case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Elmira DWI lawyer: Three Types of Police Tests for DWI in New York

Three Types of Police TESTS

for DWI in New York

This video is about the three different types of police tests for DWI in New York State. Police usually give a barrage of tests preceding an arrest for DWI or DWAI drugs.

The three main categories are:

1. The field side or road side sobriety tests. These are part coordination exercises, mental exercises, walking a line, standing on one leg, touching your finger to your nose, etc.

2. The PBT Pre-liminary breath test. This does give a specific number but is inadmissible for BAC (blood alcohol concentration) but is admissible (probable cause) to arrest for a DWI or DWAI drugs.

3. The Chemical test. The is the breathalyzer that everyone is familiar with. Refusing this has driver's license consequences.

Each one of these tests can be used as evidence in the case against you in one form or another. Refusing some or all is legal in NYS but can have license consequences.

If you have questions about a DWI or a DWAI drugs case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising

*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Cortland DWI lawyer: Is Refusing a Breath Test a CRIME in New York?

IS REFUSING A BREATH TEST

A CRIME 

in New York?

This video is about whether it is against the law in New York State to refuse to take a breath test. In NYS, if the police believe you are under the influence of drugs and/or alcohol they can ask for a chemical test of your breath, blood, or urine.

Police can ask for more than one test. In other words the police can first test your breath, and then ask for a blood sample, and then even ask for a urine sample. But the good news is, you can lawfully refuse their requests for a body fluid sample.

This comes with a few penalties: one against your license to drive in NYS, and the other in a court of law. The in court penalty is a jury instruction that states that the jury can infer that your refusal is because you were conscious of your guilt. It is called the "consciousness of guilt" instruction and can be very damning coming directly from the mouth of the "impartial" judge.

If you have questions about a DWI refusal or a DWAI drugs refusal case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Watkins Glen DWI lawyer: Dissecting a DWI drug/alcohol evaluation in New York

DISSECTING A DWI 

Drug/Alcohol Evaluation

in New York

Getting to Causation in DWI Assessments

In 2016, the vast majority of those accused of a NYS DWI or DWAI will require a drug/alcohol assessment at some point in their case. The truth is that any criminal case- or sometimes even a high violation (amount or degree) non-criminal case- will necessitate a mental and/or drug assessment. The why is because judges and prosecutors want to nip "cause" in the butt.

Is there a deeper underlying causation to this criminal or violating behavior?

In times past, this assessment would occur either before, during, or after the case was resolved. It also used to be that only those with a 0.15 Blood Alcohol Concentration at time of arrest were legally obligated to get one.

The truth is many Courts (Judges) and Prosecutors will not finalize (sentence) a case without having one. Many Judges will also condition their sentencing upon the completion (with proof) any and all recommended treatment based upon this evaluation.

Assessments are important to the disposition of your case because they can influence the DWI plea offer made by the District Attorney, and the final sentencing by the Judge.

So now that we have established the importance of the eval to your DWI or DWAI drugs case- what happens at an OASAS evaluation?  

What is used by the evaluator to make an OASAS assessment?

1. The evaluation is an INTERVIEW. 
2. There is NO specific alcohol evaluation versus drug evaluation. Alcohol is a drug. The evaluator wants to know about all use of any and all substances.
3. The evaluation is many mini-assessments about every area of your life.


The Anatomy of a New York DWI/DWAI Evaluation  

I. Psycho-Social HISTORY. 

A thorough History of everything your lifetime of behavior.

This will involve many of the following areas:

1. YOUR Use of All substances 

2. YOUR Physical Health. 

3. YOUR Mental Health. 

4. YOUR JOBS/Education

5. YOUR Social/Leisure LIFE. 

6. YOUR Family issues.

7. Legal Assessment. 

8. Gambling Assessment. 

9. Military Service.

10. Spirituality/Religion. 

II. Tests: MAST (Michigan Alcohol Screening Test) or RIASI 

III. Collateral Sources: family, friends, co-workers 

IV. Urine screen for drugs 

V. Review of current DWI, DWAI charges and arrest paperwork 

VI. Review of past driving history (DMV abstract) 

VII. Signed consent to provide information to DMV, Court, Attorneys


The evaluator in 2016 will then use the DSM-V to make a definitive diagnosis (diagnoses). The new DSM-V has all new criteria and prior abuse/dependency language has changed. 

Now we have alcohol use disorder, marijuana use disorder, internet use disorder, caffeine use disorder...you get the idea with varying degrees. Then the evaluator has to make a determination of what they feel you need or don't need.

We have written about this in prior blog posts and will continue to expand on this (the changes) as the guidelines are placed into use. 

If you have questions about your DWI or DWAI drugs  charge in New York, call us at:

 607-229-5184

Or find us online!  

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR 
Copyright 2016.  Educational Use Only.

Ithaca Criminal defense attorney: Can you get a FELONY for a FAKE ID in NY?

CAN YOU GET CHARGED WITH 

A FELONY 

FOR HAVING A FAKE ID IN NEW YORK?

In this video, Attorney Mike Cyr explains that if you use a fake, altered, borrowed driver's license then you could potentially be charged by a District Attorney's Office with a FELONY (highest level of crime in NY). This is a rare possibility, to be sure, however, it is important to know just how far the government can prosecute somebody for such a seemingly little thing as a FAKE ID. 

If a prosecutor decided to move forward --they could charge you with a CLASS D felony for Criminal Possession of a Forged Instrument in the 2nd degree --where you could be facing possible sentences of:

2.5 - 7 years in STATE PRISON (not county jail)
-5 years probation / parole
-fines
-surcharges
-community service
-permanent lifelong felony record
-etc

If you have questions about a FAKE ID ticket, misdemeanor or felony charge, give us a call:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: Can you get charged with a MISDEMEANOR for a FAKE ID in New York?

CAN YOU GET CHARGED WITH A

MISDEMEANOR FOR A FAKE ID

IN NEW YORK?

In this video, Attorney Mike Cyr explains whether you can get charged with a MISDEMEANOR (criminal charge) for having or using a FAKE ID in New York...

YES! 

You could be charged with Criminal Possession of a Forged Instrument in the 3rd degree --which is a Class A misdemeanor. Penalties for a class A misd are:

-up to 1 year in county jail
-3 years of probation
-up to $1000 fine
-community service
-etc

If you are charged with a FAKE ID violation or misdemeanor, call us:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: Will FAKE ID conviction be on your permanent record in NY?

Will a FAKE ID conviction be on your

permanent record in New York

(and elsewhere)? 

In this video, Attorney Mike Cyr explains whether a New York FAKE ID conviction will be listed on your permanent record... 

In short, YES. If you are applying for a job or for college or graduate school, many companies and universities do background checks. More run of the mill background checks will only show criminal convictions like misdemeanors and felonies; however, more and more companies/colleges are using higher levels of scrutiny when evaluating applicants. Commercial background checks are getting better all the time due to the wealth of information contained on the internet. It's the information age and info on applicants is easy to get. We know from our own practice that FBI level background scrutiny will contain every infraction no matter how slight for a person's entire life! 

If you have questions about defending a FAKE ID charge in Ithaca, NY or surrounding areas, call us:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: Four TRUTHS about Fake ID charges in New York

FOUR TRUTHS about Fake ID charges

in Ithaca, NY

(Ithaca College and Cornell students-

pay attention...)

In this video, Attorney Mike Cyr explains FOUR TRUTHS about Fake ID charges in Ithaca, NY. 

We represent many, many students every academic year who get charged with having or using a FAKE ID in Ithaca, NY. Whether they are from Ithaca College or Cornell University, the Ithaca police tend to treat everybody the same.

If you get charged with something for having or using a FAKE ID, here are some bits of info that many people we talk to are surprised to hear: 

1. Your FAKE ID will be confiscated

2. The police WILL get called

3. People do get arrested

4. You could be charged with a violation, misdemeanor or even a FELONY based on the facts of your situation... (it could be a big deal)

If you have questions about a FAKE ID charge or an ABC 65-B code violation (Attempt to Purchase Alcohol by Fraudulent Means) in Ithaca or surrounding counties, give us a call:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Criminal defense attorney: What are the 3 levels of FAKE ID charges in New York

What are the THREE LEVELS

of charges for FAKE ID's

in New York

In this video, Attorney Mike Cyr explains that there are three different levels of criminal charges for a FAKE ID in New York. 

You could be charged with:

-violation
-misdemeanor
-FELONY (state prison)

And your charge could be INCREASED by a Prosecutor even after you are given your ticket by the police. 

If you have questions about a FAKE ID charge in New York --or more specifically, Ithaca City Code violation ABC law 65B --Attempt to Purchase Alcohol by Fraudulent Means -- or Under 21 Possession of Alcohol -- call us: 

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.