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.

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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.

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Ithaca Cortland Lawyer: Why an ACD for a Marijuana charge under CPL 170.56 is such a HUGE WIN in New York!

WHY an ACD for a Marijuana Charge

under CPL 170.56

is SUCH A HUGE WIN

in New York!

In this video, Attorney Mike Cyr explains why a DISMISSAL under CPL 170.56  (New York's Criminal Procedure Law) is such a BIG WIN for a Marijuana charge. 

As explained in a previous video, an ACD is an "Adjournment in Contemplation of Dismissal" however, for a marijuana charge there is a SPECIAL LAW for an ACD.  

Criminal Procedure Law 170.56 allows a first time marijuana offense (from a violation to a felony) to be DISMISSED and NULLIFIED as if it never happened!  

This is a very rare kind of law in New York.  No other dismissal under New York criminal law creates a "nullity" where the offense goes away completely as if it never happened.  Even Youthful Offender charges are not gone completely--they are just sealed.  

See some of our other videos for why Dismissing a marijuana offense is SO IMPORTANT in New York (could potentially destroy your chance to get Federal Student Aid)

Making it so a charge never happened is what makes getting an ACD under 170.56 is such a big win.

If you have questions about 170.56, call us: 607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This video is not intended as legal advice.  If you are charged with a crime, we strongly urge you to consult with a licensed criminal defense attorney!  

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BY MIKE CYR