Ithaca Cortland DWI defense lawyer: New York DMV Regulations for Multiple DWI Offenses

New York DMV Regulations

for MULTIPLE DWI Offenses

This video is about the new New York DMV regulations for determining what a person needs to do to get back a license if they have more than one DWI. If someone has two DWI or DWAI or DUI within 25 years they are going to have to get a new drug/alcohol evaluation/assessment and follow up with a OASAS treatment plan.

If they do not do this they will not get back any New York State driver's license privileges. The look back period used to be only 10 years and the DMV increased it to 25 years.

New York DWI and DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.

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 DWI case in NY, 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

Copyright 2016. Educational Purposes Only.

*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

Ithaca Chemung DWI lawyer: Drinking Driver Program is NOW the IMPAIRED Driver Program in New York

DMV's Drinking Driver Program is now called the IMPAIRED DRIVER PROGRAM

in New York

This video is about why the New York DMV changed the Drinking Driver Program, the DDP to the new Impaired Driver Program, the IDP.
Drinking and intoxicated driving have been around for a long time, but now we see more DWAI (driving while ability impaired by drugs) cases involving marijuana and prescription medications.

New York DWI and DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.

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 DWI case in NY, 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

Copyright 2016. Educational Purposes Only.

*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

Ithaca Elmira DWI defense attorney: Can they Prove DWI by Circumstantial Evidence in NY?

Inference chart, courtesy of slideshare.net

Can the Government Prove DWI 

by CIRCUMSTANTIAL Evidence

in New York?

Evidence, evidence, and still more evidence that is what runs, decides, and focuses prosecutions of DWI cases. Crimes must be proved. They (the government) can't just say you did it, they must prove you did it. It's truly what the constitution is all about. It's what separates us from street justice, and the law of the jungle. In all those bad movies, the leaders loosely decide who did what based upon a feeling, an awkward facial expression, or very weak or even non existent evidence. 

What is the Evidence of Driving (Operation) in a DWI Case?

Well, I always like to begin with the end in mind because that tells us where we need to go or where they (the government) need to go. 

What must they prove or show or demonstrate as evidence to make their case of your operating for a New York DWI?

First, they must prove you drove (or in New York State we say "operated"). They must prove your operation, but it is a far wider element than you might imagine. All crimes break down into their various elements, with DWI one element is operation, and another major element is intoxication. Operation doesn't necessarily mean you drove -although most of us would agree it should- in order to be fair.

Two Types of DWI Evidence of Operation: Direct and Indirect 

Evidence comes in two varieties: direct and indirect. Indirect is also referred to as "circumstantial evidence" because it generally involves the circumstances. Think of circumstances like points of view or perceptions of people looking at something. What might they think about it? Is it open to more than one interpretation? You being outside next to a car -could it mean you are admiring it? Just drove it? Were a passenger in it? You can infer (make a guess) about many things...

That is circumstantial evidence.

With a New York DWI, direct evidence of operation means the police saw you drive, or they stop you after you were driving, or they come to the scene of an accident where you drove.

Circumstantial Evidence is up for Multiple Interpretations

After direct evidence, we can get into circumstantial evidence of operation: you are sitting behind the wheel with the car running, keys in the ignition, engine still warm... and then it all can get a bit fuzzy. 

What if the keys are not in the ignition?

What if you are slumped behind the wheel?

What if you are sleeping in the front seat?

What if you are not even inside the car?
What if you are two miles down the road?

What if you are inside your house when the cops show up?

What if the car heat or a/c is on, but you're in the back seat? 

One of our latest New York DWI cases in Sullivan County stretches the bounds of operation, and circumstantial evidence of operation through police testimony.

Can We Have a DWI with No Driving or even a Car Pulled Over?

This is what went down in People v. Hryckowian. The police stated they went by a parking lot at 2:15am, and no car was there matching yours. They then drive by at 2:30am, and your car is there... the court called that circumstantial evidence of your operation. This was even though you were not in the car, the car was off, keys were not in the ignition, and you were standing outside the car.

The Court found that legally sufficient to prove DWI operation (driving).  

If you have questions about a DWI case in NY, 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

Copyright 2016. Educational Purposes Only.

*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

Ithaca Cortland DWI defense attorney: Making Excuses or Presenting a Defense in NY

Ithaca College Cornell Commons Sign in Ithaca, by Newman & Cyr, The DWI Attorneys

Ithaca Cortland DWI Lawyer:  

Making Excuses or 

Presenting a Defense

Just the other day, I was accused of all things of making excuses for a client. Silly I thought that a person would categorize a defense attorney's strategy as "making excuses." I stand ready to defend my position of presenting innocent explanations for behavior that some others may view as criminal.

Weaving is Not Always a DWI 

If a car is weaving over the road there could be many reasons for this behavior besides drunk or impaired or high driving. Firstly, no one drives perfectly straight down the road way, we are constantly correcting for road imperfections, and tire responses to those surfaces. That is normal.

1. Any inattentiveness can cause a driver to weave upon a road. This can as simple as a moment to change a radio station or turn up the air conditioning.

2. Distractions are a normal part of day to day driving. Phone calls are legal with a blue tooth in New York but the effect upon the driver is distraction and potential weave. People eat while driving, sing while driving, drink coffee while driving, smoke while driving and while all of these activities are legal they are distracting. Often these distractions are compounded at night due to lighting conditions or weather conditions. Any distraction can cause a weave and then a correction for that weave.

3. If a driver notices a police car following them this can increase their nervousness and anxious driving behavior. It is harder to drive when your heart is racing or you are looking in the rear view mirror. The same thing happens to some people when they visit a doctor. Doctors cannot diagnosis blood pressure due to one high reading, it takes three separate visits. In a doctor's office "white coat fever" much like black and white (police car) fever can cause high blood pressure.

4. The condition of a car can even cause it to weave upon the road. Tires that are bald or not inflated properly or tread that is unevenly worn can cause the car to track irregularly and weave. Car suspensions with problems from the shocks to the struts to the brake pads can all affect a car's performance and balance. 

5. Weaving behavior can also be explained by a bad road. Roads that are pot holed and torn up can cause cars to weave and pull. Some cars with all wheel drive are more prone to road surface issues than rear wheel drive cars. 

So part of my investigation as a DWI defense attorney is to rule out all these innocent explanations for weaving because they are all plausible. Not every weaving driver is drunk and DWI.

If you have questions about a DWI case or a DWI Refusal 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 Larry Newman, D.C., Esq.

NEWMAN & CYR

Educational Purposes only. Copyright 2016.

If you or a loved one are 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

Ithaca Cortland DWI defense attorney: The Dangers of SEVEN New York DWI Presumptions!

Lucky number 7

The Dangers of Seven New York 

DWI Presumptions

New York State has lots of presumptions built within our DWI laws. These are in place to simplify the process. But do presumptions do us more harm than good? After all, isn't a presumption really an assumption dressed up. Kinda like putting lipstick on a pig, its still a pig.

Personally, I don't like assuming things. In the area of criminal defense, I certainly don't like having jurors being told they can assume things. Making assumptions that will mark a person for life as a criminal is dangerous. 

New York DWI Assumptions are Not Just Numbers

1. You are presumed intoxicated at .08 Blood Alcohol Content

2. You are presumed impaired at .06 Blood Alcohol Content

3. The breath test operator is presumed to have given the test right (correctly) and followed all the proper procedures if he has a valid breath test license.

4. The breath test machine is presumed reliable just because it is on the list of recognized devices.

5. The breath test result is presumed accurate if it is taken around two hours from your DWI arrest or your taking the roadside (preliminary) breath test.

6. You are presumed to be conscious of your own guilt if you refuse to take a police breath or blood test following a DWI arrest.

7. The breath test paperwork, numbers, and documentation is presumed accurate, reliable, and not subject to being hearsay in a DWI case. The jury gets to take it back into the jury room for discussion.

Always Rebuttable Not Irrefutable

Now all these presumptions can be challenged thats why they are called rebuttable (you can rebut them). We must as defense attorneys refute them, dispute them, contest them, and question them. It is crazy to just allow them to jump to conclusions. Conclusions about and concerning a person's legal guilt and their legal innocence should never be assumed. 

Overcoming DWI Assumptions Begins with Revealing Them

The basis of any truth comes with uncovering lies or mistruths. Conclusions belong to those who have heard, have seen, and have studied evidence. Conclusions don't belong to those who jump to them. The fact finders are also the fact weighers and the "fact checker outers." It's time for people to be given each and every reasonable doubt before being pre-tried (assumed guilty first).

Assumptions with anything hurt us all in the long run. I think it starts off a DWI defense with more to overcome- like giving an opposing team yardage or more basketball players to a single team. A fair playing field demands transparency. I think people have to see Assumptions as what they truly are... "making an ass of u and me."

If you have questions about a DWI case or a DWI Refusal 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 Larry Newman, D.C., Esq.

NEWMAN & CYR

Educational Purposes only. Copyright 2016.

If you or a loved one are 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

Ithaca Corning DWI defense lawyer: When does a DWI Hardship Hearing require EXTREME Hardship in New York?

"From that day on, if I was goin' somewhere, I WAS RUNNING!" - Forrest Gump

WHEN DOES A DWI HARDSHIP HEARING REQUIRE EXTREME HARDSHIP?

Anyone in New York charged with a DWI that is based upon a breath or blood test of .08 or higher (blood alcohol content) or has refused to take a chemical test is subject to having their driving privileges suspended. This is called a suspension pending prosecution. 

What Happens to My Physical Driver's License After a DWI?

The judge acts as an administrator for the NYS DMV, and must suspend your driving privileges temporarily (while your criminal case is pending). If you have an out-of-state driver's license, then only your NYS privileges are suspended. If you are from another state they will merely photocopy your out-of-state license- not take it away. If you have a NYS driver's license you must surrender it to the court.

The Extreme Hardship to the Mild Hardship

Under New York state law you are entitled to a hardship hearing within three days (72 hours) of your arraignment and license suspension where you can make application for a hardship license privileges. Hardship license privileges are supposed to be awarded or more rewarded upon proof that you have NO reasonable means of transportation to work, school, and/or medical care.

"Reasonableness" with Hardship Privileges is a Standard... or Is It?

Some judges view the word extreme in all it's glory. When is it an extreme hardship? I once had a client from Rochester, to get to his place of work he needed to take four to five buses a various times. The judge in that case said NO to a hardship privilege for work. In another case, I had a client who lived out in farm country (most of the Finger Lakes) and the judge said he could bike the two miles to work. Even though I argued this was January (snow season) and freezing cold temperatures and biking at night. He didn't care. 

What is the DWI Hardship License Standard and How is it Applied?

The New York standard for hardship is found in the case of People v. Bridgman. The Bridgman court came up with eight factors to be taken into consideration by the judge to grant or award hardship driving privileges:

“(1) the presence or absence of licensed persons present in the licensee’s household; (2) the ability of other licensed household members to provide transportation for the licensee; (3) the occupation and health condition of the licensee; the proximity of the licensee’s place of employment, health care provider or school to his or her household; (5) the presence or absence of any public transportation or taxi service to or from the licensee’s household to the place of employment, health care provider or school (6) a consideration of the licensee’s ability to afford public transportation or taxi service as an alternative means of transportation; (7) the presence or absence of co-workers, friends or family members who may assist in the licensee’s transportation; and (8) any other factor that the court deems appropriate to the determination.”

Creative Lawyering to Maintain DWI License Privileges By the Court

Are these the only factors or the main factors, in a word no. I have argued lateness of night, and dangers to women walking alone to their cars. I have creatively argued time of day, and non-existent bus schedules. I have argued for daycare privileges, helping a parent with their medical care, and even having to drive for work in New Jersey and Massachusetts. When license privileges are on the line creativity must come to the forefront.

Saving a license and the ability to drive, especially for the necessities of life and living, are paramount to the majority of people. 

If you have questions about a DWI case or a DWI Refusal 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 Larry Newman, D.C., Esq.

NEWMAN & CYR

Educational Purposes only. Copyright 2016.

If you or a loved one are 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

Ithaca College Cornell Criminal defense lawyer: Why Pleading Guilty to New York ABC 65(b) ATTEMPT TO PURCHASE ALCOHOL BY FRAUDULENT MEANS is a VERY BAD IDEA!

One of my favorite  Xmas movies!  -Elf , Newman & Cyr, The DWI Attorneys

Why Pleading Guilty to 

New York ABC 65(b) 

FRAUDULENT USE OF A LICENSE

is a Very Bad Idea! 

Fraud, Deceit, and Dishonesty is kinda like Lions, Tigers, and Bears dangerous to a future employer. Your behavior is a reflection of your character. 

In New York, college kids getting a fake ID is almost a rite of passage. The dreaded FOMO (fear of missing out) outweighs the consequences of being caught and then punished. 

New York police regularly punish alcohol purchase, and use by minors (those under 21 years of age) through our ABC laws. 

A = Alcohol

B = Beverage

C = Control

ABC laws are the first tier of potential offenses when using a fake ID. The police in their discretion can up the charges to higher level crimes as well. 

New York Alcoholic Beverage Control Law § 65-b. Offense for one under age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means

ABC law section 65 b can apply to using a driver's license (fake, altered, or someone else's) to purchase alcohol, get into a bar, or to get served. This is a violation in NYS (lowest level offense) but you still don't want it on your record.

ITHACA HAS IT'S OWN CITY CODE ABC VIOLATIONS...

In Ithaca, we regularly defend Ithaca College and Cornell University students who get charged with an Ithaca City Code violation for the same thing:  ABC law "Attempt to Purchase Alcohol by Fraudulent Means."  Students will be handed a pink sheet of paper ordering them to appear in Ithaca City Court without any explanation or sense of the potential consequences.  

New York State Violations will Appear on a Background Check  

I have seen the majority of background checks, especially FBI checks, come back with everything you have ever done including violations. The problem with even violations that say you cheated, lied, deceived, or used controlled substances (marijuana) is what it may indicate to a future employer. 

Dishonest Acts can be Worse than True Crimes

Under Federal immigration law, any acts that speak of dishonesty or fraud are potentially hazardous to aliens here on visas. Fraud is a big word because truth is still highly valued. People get deported for these type of offenses. Large companies, organizations, and licensing agencies want people of true character. People they can rely upon and people they can invest in long term.

You Want Your Violations to Be Reduced to Innocuous Things

One of our jobs as defense attorneys is to defend our clients' futures. Sometimes the best defense is a negotiation to something (a violation) that is less caustic. Another offense that doesn't speak to dishonesty or fraud. One you can live with, have a future with, and potentially explain as an act of misguided youth. 

If you have questions about an Alcohol Possession or Fake ID ticket (ABC ticket) in Ithaca City Court or elsewhere 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

Educational Purposes only. Copyright 2016.

If you or a loved one are 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

Ithaca Elmira DWI defense lawyer: A Successful DWI Defense to VTL 1162 UNSAFE START!

BURNING RUBBER! 

A SUCCESSFUL DWI DEFENSE 

to VTL 1162 Unsafe Start

in New York!

In our last blog post, we discussed the case of People v. Peffer where the court  found the police stop lawful for a car tires squealing (aka the Unsafe Start VTL 1162). In this blog we will contrast the case of People v. Rebecca, (Canandaigua City Court) where the prosecution was unsuccessful in proving that the police conduct was lawful. In this case the vehicle stop for squealing tires, and the breath test DWI were dismissed.

Facts Must Always Be Applied to the Law

The specific facts, and the police testimony in every criminal case is different. The differences may be small but significant. The Courts look at a multitude of factors to make a determination of lawfulness. Did the police act appropriately? Was the stop legal? Was the arrest legal?

The facts in People v. Rebecca contrasted with People v. Peffer 

1. Both had the sole charge of VTL 1162 Unsafe Start

2. Both had a DWI as a result of the stop

3. Rebecca was a breath test case, and Peffer a refusal case

4. The courts focused on the totality of the circumstances surrounding the driving 

5. Peffer had a busy road with many cars, and Rebecca had no other cars

6. Peffer had two police officers testify to speeding, Rebecca didn't have speeding

7. The nature and character of the tires sqealing was noted in Peffer as being a "burn out" and in Rebecca as not too noisey.

When the light changed colors, the Hyundai (later determined to be driven by the defendant) "squealed its tires" and "sped through the intersection." There were no pedestrians in the vicinity, there was no other traffic in the vicinity, the Hyundai did not "peel out" from the intersection, the squealing noise was not loud, the Hyundai did not exceed the speed limit as it sped past the officer through the intersection, the Hyundai stayed in its own lane of traffic, and there was no evidence that the movement of the Hyundai was not reasonably safe.

                                                      People v. Rebecca

The Key Take Away from these DWI Cases

The Courts look heavily upon public safety with DWI cases because the biggest public fear is an accident or injury to people. Any DWI case which demonstrates erratic driving or likelihood of accident or a bad accident receives more scrutiny and a higher level of punishment than one with more sedate driving behavior. That is the reason that one VTL 1162 was dismissed, and one was upheld, all based upon everything surrounding the charge not just the charge itself.

After the suppression hearing in People v. Rebecca all charges were dismissed stemming from the stop for VTL 1162 unsafe start which included the breath test DWI. 

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
Educational Purposes only. Copyright 2016.

If you or a loved one are 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