Ithaca and NEW YORK People: Brand NEW SEALING law passed in NY for old criminal convictions! Read on.

BRAND NEW New York SEALING LAW MAY ALLOW OLD FELONY AND MISDEMEANOR CONVICTIONS TO BE SEALED!

In case you couldn't tell from the font and image--this is HUGE NEWS!   Up until now New York barely allowed any kind of sealing of old crimes and does offer any kind of expungement of crimes --ever.   

My partner, Larry, has written an extensive article about this new legal development and we will be putting more info as we wrap our heads around this new law and what it can mean for our clients.  In the meantime, I recommend you read the blog post linked below and call us with any questions:  607-229-5184.  

We now believe that we can help people get their old convictions sealed.  Big stuff. 

http://ithacadwi.blogspot.com/2017/09/can-you-seal-your-conviction-under-new.html

-Mike Cyr

NEWMAN & CYR PLLC

607-229-5184

mike@ithacadwi.com

Ithaca Defense Lawyers: Ithaca Students SHOULD know the law when it comes to Alcohol/Drug Overdosing in NY

BACK TO SCHOOL SERIES

 Ithaca College and Cornell Students SHOULD Know the Law when it comes to Drug/Alcohol Overdosing

*Important Info for all New York students and their Parents*

In our law practice, we deal with many people who are dealing with substance abuse or dependence.  Since we practice DWI defense in Ithaca, NY, we also represent lots of students at Ithaca College and Cornell University.  This post is directed at all high school and college students so they don't have a tragedy befall them (or their friends) for being afraid to report a serious medical issue. 

My wife is a former emergency room physician in Ithaca and is currently practicing at Cornell Health.  Throughout her career, she has told me many stories of how people have been saved from alcohol and drug-related death by their friends who were smart enough to call an ambulance when their friends became unresponsive/unconscious.  

The following is an excerpt from my book, "How to Graduate with a Degree...and Without a Criminal Record," ...

Chapter 8: Partying Too Hard…Overdosing

Fortunately, there are protections built into New York’s laws that protect
people who seek medical care for alcohol and drug abuse from criminal charges.
The goal is to make sure all students know that their personal safety comes first
and that they will NOT get in trouble for seeking medical attention for
themselves or their friends.

The only exception to this law is for people who are caught selling drugs. They may still be
prosecuted under drug sale crimes, but not possession based crimes. All in all,
this law protects both the user and “Good Samaritan” who seek medical attention
in times of drug or alcohol emergency. Tell your friends and parents about this
law. It could save your life someday.

*PLAYING IT SMART:
1. Make sure your friends know about this law.
2. If you or a friend is unconscious, be safe, and get them medical attention
immediately.

When it comes to partying --it should be fun and safe.  If you are a college student or a parent reading this, make sure you tell your friends and kids about this law.  It could save your/their life one day. 

BY MIKE CYR

607-229-5184

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 2017 NEWMAN & CYR PLLC.

Watkins Glen Ithaca DWI lawyer: New York DWI consequences for South Carolina license

Ithaca DWI Attorney: SOUTH CAROLINA LICENSE CONSEQUENCES WITH A NEW YORK DWI

We get tons of phone calls from all over the country asking us "what will happen to me in my home state (not NY) after I got my New York DWI?"   Bearing in mind that we are not licensed to practice law in all 50 states (between Larry and me we are licensed in 7 states), we do our best to consult with licensed attorneys and do our own research to help people deal with license consequences in as many states as we can. 

For today's blog, I've chosen to outline the license consequences in South Carolina because of a case we're currently working on.  

*DISCLAIMER:  I am not a licensed South Carolina attorney and the information we are providing is for educational purposes only.  If you have a South Carolina issue, we advise you to contact a South Carolina attorney.  Thanks! 

What's South Carolina going to do to your license if you get a DWI in New York?

1. They require a 16 hour Program to be performed after you are convicted in New York.  Fortunately, they will allow you to take a similar program out-of-state to meet the requirement.  In New York, the only program that will likely meet the requirement of South Carolina is the New York Impaired Driver Program (aka IDP).  The IDP is a 15 hour program over the course of 7 weeks that is run by the NY DMV.  Since the NY program is only 15 hours, South Carolina will allow you to take the NY program and then do an extra hour in South Carolina or potentially some other hour of counseling later.   [so the NYS DMV 15 hour program plus one hour of counseling = 16 hours]

2. South Carolina will allow you to obtain a "provisional license" (only good in SC) and unlike the NY Conditional license, it is route specific.  In other words, you are only able to drive on a certain route and must not deviate from it.  That route will be predetermined by SC DMV.  The approx. cost is $100.

3. South Carolina will require you to get a SR-22 for insurance purposes (this is a vehicle liability insurance certificate). This is required by the state. (SR = safety responsibility)

*FYI, only 8 states don't require a SR-22 (Delaware, Kentucky, Minnesota, New Mexico, Oklahoma, Pennsylvania, New York, and North Carolina).

The SC version of NY's "Impaired Driver Program" is the ADSAP

ADSAP Interstate Phone line (kinda rhymes with Aflac): 843-821-5412

South Carolina's "Alcohol and Drug Safety Action Program" is a program certified by the South Carolina Department of Alcohol and Other Drug Abuse Services. Completion of this program is required following Driving Under the Influence suspensions (any place or you must check for reciprocity). ADSAP enrollment must be on file with DMV before obtaining a Provisional License (their version of NY's conditional/occupational). ADSAP completion must be on file with DMV before your driving privileges can be restored in South Carolina.

SC's "Provisional Driver License"

Individuals suspended for first offense driving under the influence (in NYS or SC) or unlawful alcohol concentration will be eligible for a provisional license if they meet the following criteria:

-They must have or have had a South Carolina driver’s license or be exempt under South Carolina Code of Laws 56-1-30.

-They must have no other suspensions following the driving under the influence or unlawful alcohol concentration suspension except implied consent, implied consent under 21, BAC of .02 or greater, BAC of 0.15 or greater deriving from the same incident.

-They must have enrolled in the Alcohol and Drug Safety Action Program (or likely the NYS DMV IDP equivalent, so check).

-They must have a certificate of SR-22 insurance on file with the Department of Motor Vehicles.

-The cost for a provisional driver’s license is $100.00.

(These provisional licenses are very specific. Detailing: where, when, how, and why you are driving.)

CONCLUSION

There are ways to begin dealing with the South Carolina portion of the license issue even while you are still residing in New York.  So if you are convicted of a New York DWI while visiting Ithaca, Watkins Glen or the surrounding areas, and you cannot return home to South Carolina for a while, there are still steps you can take to limit your exposure back home.  

I hope this info helps anybody with this specific issue.  However, if you want to go straight to the source, give us a call, shoot us an email or fill out the form on our website.  

BY MIKE CYR

607-229-5184

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 2017 NEWMAN & CYR PLLC.

BACK TO SCHOOL SERIES: Ithaca College and Cornell students be aware of OUT-OF-STATE license consequences with a NY DWI

BACK TO SCHOOL SERIES: Ithaca and Cornell students should be aware of OUT-OF-STATE license consequences with a DWI in New York

Getting a DWI in Ithaca, NY

Most people that come to college or grad school in Ithaca, New York understand that there are significant penalties associated with getting charged with a DWI in New York state.   Unfortunately, many people who call our office do not fully appreciate the possible license consequences they face in their home state (i.e. not New York).  

The police in Ithaca, NY and surrounding areas are particularly vigilant when patrolling for DWI in this region.  The combination of the Ithaca Police Department, Cornell University Police, the Tompkins County Sherriff's Department and the New York State Police give Ithaca a high police presence when it comes to DWI patrol and enforcement.  The Ithaca Police Dept. will keep close watch on the Commons and other popular bar locations around town during weekends and other heavy drinking days.  It's important to understand the environment that a student is moving to... 

You will be punished in your home state for a NY DWI

The license consequences for a New York DWI vary widely from state-to-state.  In an effort to help people navigate license stuff following a New York DWI, Larry and I wrote a book.  It's called "Everything You Wanted to Know about a New York DWI and Your License" (you can check it out on Amazon.com).  

Here's an excerpt from the book:  

Chapter Eight

LICENSE PENALTIES IN YOUR HOME STATE!

It is legal to be given administrative penalties in two states. It does not violate double jeopardy, because you are NOT being tried for the same crime twice.  Remember: a license is a privilege and not a constitutional right.

In almost every New York DWI case where the driver has an out-of-state license, there will be consequences and hoops to jump through to clear license issues in both jurisdictions. Our job is to see if we can get some reciprocity, eliminate redundancy, and ensure that punishments to licensure are minimized. Even though these people do not have a NYS driver's license, they hold (or held) New York privileges while driving in NY, and will now face NY DMV sanctions.

It has become usual and customary to be punished administratively in two states.

New Jersey License Holders with a New York DWI

New York and New Jersey are kindred states in many respects. Those with a New Jersey driver's license facing a NYS DWI will have to deal with both the NJ DMV and the NYS DMV.

The reciprocity of suspensions and of programs between the states is important to know about.

New Jersey DMV: Three Main Things (surcharge, suspension, and program)

1. NJ will assess a 3 year, $1000/year insurance surcharge on your NYS DWI,

(and NYS DMV will assess an additional $250/yr for three years;

 for a grand total of: $3,750 over three years in DMV surcharges alone!)

From NJ website brochure on surcharge:

All Alcohol and drug-related offenses

These surcharges are billed each year for three years:

• In-state operating under the influence of liquor or drugs (DUI)

• Out-of-state DUI (i.e. NYS DWI)

• Refusal to submit to chemical test (i.e. NYS refusal)

The surcharge for operating under the influence or refusal, whether it occurs in

New Jersey or another state, is $1,000 a year for three years for both a first and

a second violation.

2. NJ will also suspend driving privileges depending upon the driver's BAC level “at time of arrest.”

BAC (blood alcohol concentration) less than 0.10%, = 90 day NJ suspension

BAC (blood alcohol concentration) more than 0.10%, =7 month (210 day) NJ suspension

NOTE: NJ offers NO conditional (occupational/work) license privileges.

It is a HARD (FULL) loss of license privileges with NO exceptions. You cannot drive at all during the suspension (in NJ or any state).

See the New Jersey Department of Motor Vehicles Website to confirm all of this.

3. You will need to do the NJ Drinking Driver Program or the NYS DMV DDP

-Basic NJ first time program is two (6 hour days) in an Intoxicated Driver Resource Center = 12 hours total

-Compare to NYS DDP is 7 weeks (1.5 hours/night) = 15 hours total

(Most NYS Courts, the DMV, and DDP mandates an alcohol/drug abuse evaluation/assessment)

From their website:

NJ Intoxicated driver program

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders

During the program, offenders attend mandatory Alcohol and Highway Safety Education courses. The IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment. If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment program.

Any DWI offender may supplement the treatment with attendance at a self-help group. IDRC monitors compliance and reports noncompliance to the courts and MVC. Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time.

Pennsylvania License Consequences

Few states do not have penalties for out-of-state of DWI/DUI/OUI/OWI (the number of different acronyms is staggering). We can only name one state currently that has NO out-of-state administrative penalties, drumroll please... Pennsylvania.  If you are convicted of a DWI in NYS, then there will be no consequences on your license in PA. Good news for you PA drivers.

Massachusetts License Consequences

Mass RMV will accept notice of NYS DWI conviction through National Driver Registry and reciprocate on that notice as if the offense occurred in MA.  Initially, a one (1) year loss of license is the reciprocal penalty, however, if you complete a program in NY that satisfies MA version of "first offender alcohol program" they will reduce reciprocal suspension to 45 days, deemed served, once NYS reinstates your driving privilege in NY.  The NY "Drinking Driver Program" may satisfy the MA "first offender alcohol program" requirement, but MA also has discretion to NOT accept it. However, be warned that there is no hardship license in MA if your driving privilege remains suspended out of state.

If Mass finds out about your DWI conviction, they will suspend your MA license for one year, assuming it is a first offense. The suspension can be reduced to 45 days if the client enrolls in a 16 week, 1 hr per week program in MA.  If you can show enrollment in the program and provide a letter from your employer indicating that you need your license for work (or public transportation is not available), you can get a hardship license for the entire 45 day suspension. If the one-year suspension holds up, you can only be eligible for a hardship license after 3 months of revocation in MA. The problem lies with the NY suspension. If you are suspended in NY, then MA will not give you ANY DRIVING PRIVILEGE at all until the out-of-state suspension is over.

Even if the suspension is not reported to the MA RMV, if the client comes up for renewal in MA they will do a National Driver Registry check and find out about it that way. This will cause the suspension and penalties to trigger in MA. Be forewarned that in addition to the suspension, there will be RMV costs and penalties as well.

Here is the link info to the MA Hardship License Application:

http://www.massrmv.com/rmv/suspend/downloads/OUI_Criteria.pdf

More general info on MA OUI convictions:

http://www.massrmv.com/rmv/suspend/oui.htm

THE KEY Takeaway:

Whatever state you come from or go to (with a DWI/DUI) you will have to deal with the DMV in both jurisdictions (understand the rules/laws) to completely restore and clean your driving record/history.

If you have questions about a New York DWI or DWAI drugs charge in Ithaca, NY or the surrounding counties, please give us a call, shoot us an email or fill out the form on our website. We will be happy to talk to you. 

BY MIKE CYR

607-229-5184

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 2017 NEWMAN & CYR PLLC.

BACK TO SCHOOL SERIES: Ithaca College Cornell Students - Don't get CAUGHT with Drugs in a Room in NY

Ithaca College and Cornell Students - Don't get CAUGHT with Drugs in a Room in New York!

It's that time of year again and the students are almost back with us in Ithaca.  At Newman & Cyr, we felt it was important to do a BACK TO SCHOOL SERIES to give our incoming new and old friends some more info to make sure that they don't get caught up in the craziness of college and get charged with a crime in New York. 

Here's an excerpt from my ebook about how to keep yourself safe if you attend a college party or visit friends that you don't know well... 

The DANGER of Drugs Found in a Room in NY

"New York has a legal presumption that ANY drugs found in a room are

“possessed” by everybody in that room. This is true regardless of where the

drugs are found whether in a college dorm, house, or apartment.

Again, just like drugs found in a car presumption, if you are in a room with

drugs in "open view" and the police enter, then anybody in the same room as

those drugs may be charged with possession. This legal presumption will have

to be overcome and fought by your attorney."

Depending on the drug, you could be charged with a Class A misdemeanor (facing up to 1 year in county jail or 3 years probation supervision) or even a felony (where you face state prison time).  

Yes, it is true that these sort of "constructive possession" charges can be fought, but they require a local criminal defense attorney and that means time and money.  

So in the spirit of welcoming you Ithaca College and Cornell students back to school, be careful who you party with to avoid being put in an unfortunate and serious situation with the Courts. 

If you have questions about a drug possession charge or any other criminal defense matter in Ithaca, NY --you are welcome to give us a call, shoot us an email or fill out the form on our website.  Welcome back to college! 

BY MIKE CYR

607-229-5184

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 2017 NEWMAN & CYR PLLC.

Ithaca Corning DWI lawyer: LAW UPDATE--Court of Appeals upholds DMV regulations denying relicensing in NY

LAW UPDATE MAY 2017:

New York Court of Appeals

(the State's highest court)

upholds the 2012 DMV regulations

allowing them to take away your 

license FOREVER.

Hello all, I'm back to blogging.  It's been a busy few months, but this legal update was too important to not write about... 

At my practice, Larry and I get tons and tons of phone calls about DMV relicensing issues following a DWI conviction or multiple DWI convictions... especially since they changed the rules and increased the harshness of the consequences in 2012.  

The issue has finally been put to bed (after many years of litigation through the various levels of the state's courts) in the following case: 

Matter of Acevedo v. New York et al  (CLICK TO READ DECISION)

Since these (formerly) new DMV regulations went into effect in 2012, the biggest DWI lawyers in the state have tried to challenge them.  They have failed. 

To sum up, in 2012, the DMV got tough on DWI repeat offenders and increased the frequency and harshness of penalties for people who got more than one "alcohol-related offense" on their driving history.  

HERE'S the TEXT OF THE PENALTIES:  

Penalties for multiple offenders

New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

• Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

• Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP) and will be required to submit proof of rehabilitation.

Most people that call us have 3 or 4 "alcohol -related offenses" in a 25 year period that deal with these DMV penalties.   

Basically, if you get 3 in 25 years, most of the time, you will have a 5 year revocation without any driving privileges and then 5 years of a conditional license with an ignition interlock device required on your car.  

If you get 3 in short period of time, like 10 years, then you could be facing a lifetime revocation of your license. 

If you get 4 in 25 years (or more), then you're facing a lifetime ban.  

(although I got a call this week from somebody who got 2 DWI's in 5 years with a Reckless driving conviction --and was facing a lifetime ban as well.  His driving history must have been pretty bad for them to do that--and under the law of this new case, they can do it!)

What people often don't understand, is that "alcohol-related offense" does NOT just mean a conviction for DWI or the lesser-included DWAI alcohol.   It can also mean any REFUSAL to take a breath test.  So, even if you had a great lawyer and you got a potential DWI dismissed after you refused a breath test, you can still face these DMV sanctions due to the civil breath test refusal. 

ALSO, the DMV doesn't JUST take into account your "alcohol-related offenses" when they figure out if they will give you a license or not... they look at your ENTIRE DRIVING HISTORY.   They will consider any tickets (speeding, cell phone, lane change violations, stop light violations, etc) and other driving offenses like reckless driving in conjunction with your alcohol history.  It's the whole thing taken together in the aggregate.  

WHAT DOES THE RESULT OF THIS CASE MEAN?

It means that the DMV has the legal right to do whatever they want to your license in NY.  They are the Judge, Jury, and Executioner when it comes to giving somebody their license back or taking it away in the first place.  All you can do is jump through whatever hoops they want you to jump through, and hope they give you another shot sometime in the future. 

When people call me and ask me: "what can I do?"  

I usually say:  "WAIT."  

The DMV is concerned about repeat offenders, and the people they punish are usually those that have shown they cannot be trusted with a driver's license.  Therefore, show the DMW over a long period of time that you no longer pose a threat to the general public.   That you've aged/matured, held a steady job, had a family or have been responsible in other areas of your life.  Wait 5 years or 10 years before you reapply (in the case of a lifetime ban).  Take alcohol classes, get treatment, and do whatever you can to prove you are not a "dangerous driver" anymore.  

Unfortunately, there is nothing an attorney can do about this particular issue at the moment.  Some of the best DWI defense lawyers have given it their best shot and the courts have decided in favor of the DMV.  Suing the state of NY or the NY DMV is not an option.

MY BEST ADVICE TO THOSE WITH 1 DWI (or more)... BE CAREFUL.  DRIVE SAFELY.

If you were convicted of ANY alcohol-related offense, including a DWAI (a violation --the lowest form of DWI in NY), be careful.  New York has decided that it will not tolerate DWI repeat offenders and the DMV has the power and weight of the government to strip your license and ability to drive.  

When I say drive carefully, I mean, no speeding, no tailgating, no cutting people off --etc. In New York, having a driver's license is a "privilege" not a right --so make sure that the state cannot take that privilege away from you.  Because if they do, there's not much you can do to stop it. 

I hope this post is helpful.  You're always welcome to call with questions.  

Best,

Mike Cyr

If you have questions about a DWI charge, criminal felony/misdemeanor charge or another violation in Ithaca, Cortland, Watkins Glen, Elmira, Seneca, Chemung, Yates, 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

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 2017 NEWMAN & CYR PLLC.