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. 

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*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.

Watkins Glen DWI lawyer: Can the Punishment be WORSE for going to trial in NY?

CAN THE PUNISHMENT BE WORSE

FOR GOING TO TRIAL IN NEW YORK?

In this video, Attorney Larry Newman explains how taking a criminal defense case all the way to trial could potentially alter the punishment for a Defendant in New York. 

Like all things, it depends on the circumstances. If you are charged with murder --taking a case to trial is expected. Your punishment will be reflective of the evidence and facts that come out during the trial. 

Unfortunately, there is a flip side to that coin. If you are charged with a minor crime --and insist on taking the case to trial--despite there being a reasonable plea offer from the Prosecutor, then a charge could be inclined to punish you worse for "wasting the court's time." 

There is a constitutional right to have a trial in the USA and in New York. Many Judges respect that right and will not punish you more harshly for exercising your rights. However, there are some that will be less than happy to spend their time presiding over something they feel shouldn't be happening. Additionally, the Prosecutor will almost always request much harsher sentences following a trial than they offered in a plea negotiation. 

That's why all of these factors must be considered in EVERY DEFENSE CASE. Who is the Judge? Who is the DA? What's the facts of the case? What charges are you facing? 

If you have questions about a criminal case or DWI case in NY, 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 DWI lawyer: What is the Lesser Included Offense for DWI in New York?

Ithaca DWI Defense Attorney:

What is the Lesser Included Offense

for DWI in New York?

In this video, Attorney Larry Newman explains the Lesser Included Offense to a DWI charge in the state of New York... 

There are different levels of misdemeanor DWI charges in New York state. You could be charged with either Aggravated DWI (based on a Blood Alcohol Content of 0.18 or higher) or you can be charged with misdemeanor DWI "common law" or DWI over 0.08. However, as we explained in a companion video, a Lesser Included Offense is a crime or violation that has some (but not all) of the same elements as the larger crime. 

In a DWI context, DWI over .08 is a lesser included offense of Aggravated DWI. DWI over .08 has the same elements as Aggravated,but the BAC level is lower. 

There is a lesser included offense to regular misdemeanor DWI --it is called "Driving While Ability Impaired by Alcohol" (DWAI for short). 

DWAI is the lesser included offense to both DWI common law and DWI over 0.08 --because it has the same elements--just a lower level BAC (0.06-0.07)

If you have questions about a criminal case or DWI case in NY, 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 lawyer: What's a "Lesser Included Offense" in New York?

What is a "Lesser Included Offense"

in New York?

In this video Ithaca Criminal defense attorney Larry Newman explains the meaning of a "lesser included offense" in New York. 

To break it down into simple terms, every crime in New York has pieces that must be proven.  Each piece is called an "element" of the crime.  The Prosecutor has the burden to prove beyond a reasonable doubt that each element is present for somebody to be convicted of a crime in NY.  

Some crimes are more serious than others.  New York has a wide range of criminal offenses and as crimes become more serious--there are usually more elements to prove.  

A "lesser included offense" is the same type of crime --but usually one or two grades less serious.  It has all but one or two of the same elements as the larger more serious crime.  

If you think of a crime as a shoebox --you could fit the lesser included offense inside it.  

If you have questions about a criminal case or DWI case in NY, 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: What does it mean to get "into evidence" at trial in NY?

What does it mean to get

"into evidence" at a trial

in New York?

In this video, Ithaca Criminal defense attorney Mike Cyr explains what it means to get something "into evidence" at trial in New York...

Every single piece of evidence must meet certain NY evidence rules and procedures to be seen or heard by a Judge or a Jury --and considered when the they are determining the outcome of the case.  

Our job as criminal defense attorneys is to evaluate whether or not the prosecutor will likely be able to get their evidence to be seen by a Judge or Jury in NY.  We must do that evaluation in every single case we defend. 

If you have questions about a criminal case or DWI case in NY, 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 DWI lawyer: Is the CHEMICAL (Breath) Test AUTOMATICALLY seen by a Jury in New York?

Ithaca DWI lawyer:  

Is the CHEMICAL (Breath) Test Result

AUTOMATICALLY seen by Jury 

in New York? 

In this video, Attorney Mike Cyr explains whether a Chemical Test (breath) AUTOMATICALLY seen by a Jury in New York...

Short answer:  NO.  Not automatically. 

The Prosecutor has to prove three primary things in it's case-in-chief to be able to enter the Chemical Test Results into evidence (which means they will be seen by a Jury):

1.  Properly maintained and calibrated machine

2.  Chemicals in machine were proper

3.  Officer who administered test followed proper procedures and protocols.

If they meet these requirements, then the Breath Chemical Test will be shown to the Jury.  

If you have questions about a DWI case in New York, call us: 

607-229-5184

Or FInd us Online!   

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

 BY NEWMAN & CYR

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

*Attorney advertising

*Educational purposes only.  Copyright Newman & Cyr PLLC 2016.

Ithaca Cortland DWI lawyer: Is the Road Side Breath Test Admissible at Trial in New York?

IS THE ROAD SIDE BREATH TEST

(Preliminary Breath Test or PBT)

ADMISSIBLE AT A DWI TRIAL

IN NEW YORK?

In this video, Ithaca DWI lawyer Mike Cyr explains that the Road side Breath Test (also referred to as the "Preliminary Breath Test" or PBT by police) is NOT admissible at a DWI trial in New York. 

NO.  It's not admissible.  The PBT is a hand-held device that is essentially a large battery that is not as accurate or reliable  (and doesn't have safeguards on it to make sure the test is good...) as the chemical breath test back at the police station.   Once the unit gets too old and degrades, the police throw it away!  They don't even bother to repair it.  The road side test is used as a measuring device to see if you have been drinking.  If it tests positive on the side of the road, that will add to the police officer's probable cause argument to bring you back to the station to ask you to do a chemical test (and field sobriety testing), etc. 

If you have any questions about a DWI case in Ithaca or Watkins Glen, NY (or surrounding areas), call us for a FREE CONSULTATION:

607-229-5184

By Newman & Cyr

FInd us online!  

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*DISCLAIMER:  If you or a loved one if charged with a crime, 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 Newman & Cyr PLLC 2016.

Steuben County Ticket defense lawyer: Can you reduce a SCHOOL ZONE Speeding ticket in New York? VTL 1180C

CAN YOU REDUCE A

SCHOOL ZONE SPEEDING TICKET

VTL 1180C

IN NEW YORK?

In this video, Attorney Larry Newman explains if you can reduce a SCHOOL ZONE Speeding Ticket in New York.   Bottom line:  it depends.  Some counties have policies where the Prosecutor will NOT negotiate a school zone ticket.  The "WHERE" is a huge piece of information for a VTL 1180C School Zone ticket.  

These are tough to reduce because Prosecutors are worried about the safety of school children -- but in the Finger Lakes region of upstate New York we have negotiated many of these type of tickets.  

If you have questions about VTL 1180C School Zone Speeding Tickets, 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 has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes --including the potential loss of your freedom.  

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