Ithaca Binghamton Vestal DWI lawyers: Problems with NY DWI Alchemy - Turning BREATH into BLOOD!

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The Problems with New York DWI Alchemy: Turning Breath into Blood

You know, New York State is a blood state. That does not mean that NYS is out for blood although with our taxes that is not an unfair statement... Whether the police decide to request your blood or just your breath, in the end it all comes down to a BAC. What I mean is that when it comes to a DWI “per se” charge, driving while intoxicated New York DWI laws that focus upon a measured quantity of alcohol are all based upon Blood Alcohol Concentration. This is true even when a breath test is used to measure your BAC.

Our Vehicle and Traffic Law statute section 1192 gives two BAC based criminal charges. A DWI based upon a .08 BAC or higher or the more serious Aggravated DWI where your blood alcohol concentration level was .18 BAC or higher. These are blood numbers not breath numbers. If they were breath they would be "BrAC" not BAC.

Different DWI Breath Testing Machines but One Methodology

The problem is that depending upon where you are arrested in New York State you might have been tested with one of three types of breathalyzers. In the city, the New York City Police Department has the Intoxilyzer 8000, while the upstate police departments within the cities, towns, and villages have the Datamaster DMT, and lastly our state troopers (around the state highways) all use the newest breath machine, the Draeger Alcotest 9510.

So what do all these breathalyzers all have in common?

They all take a breath sample to measure your body’s alcohol level --not a blood sample. The reading off the unit is in BAC not a BrAC. It doesn’t give your breath alcohol concentration measurement, it gives your BLOOD alcohol measurement.

Which means that for the most part the majority of chemical testing for DWI in New York State is INDIRECT alcohol testing of your blood. The machines take in a breath alcohol sample, and then spits out a blood alcohol measurement.

Changing a Breath Alcohol Measurement to a Blood Alcohol Measurement

The breathalyzers all have software that runs a program to do this calculation of changing breath alcohol into a blood alcohol concentration. The breath testing software, and it’s algorithms are all secret. To do this calculation the machine must assume a great many things about you: like what your ratio of breath to blood is, what your body temperature is, what your elimination rate for alcohol is, etc, etc

The Questions that Arise from Indirect Measurements of Blood

So much doubt resides between what you give the machine as your breath alcohol sample, and what the machine actually calculates as a BAC number. This is where your true guilt or innocence may reside.

Can we trust an indirect number? Can we fully trust the results of a one-time sample? Can a judge or jury decide your fate beyond a reasonable doubt without more than that? Can they? The answer is yes, but should they? the answer is a most definite NO.

In any New York breath test DWI, the importance of looking at everything in the totality of the circumstances is something every defense must highlight. We cannot allow judges or juries decide the fate of a person based upon this type of testing alone. The DWI chemical testing of breath, one time, indirectly calculated to measure blood alcohol concentration, and based upon an average person is not the making of justice. 

Do you have a question about a NY DWI breath test case or Refusal case?  Give us a call at 607-229-5184. 

Or find us online:   www.ithacadwi.com

www.fingerlakesdwi.com

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BY NEWMAN & CYR

COPYRIGHT NEWMAN & CYR 2016.  Educational Purposes Only. 

Ithaca SUNY Binghamton DWI Lawyer: WHY we cross-examine the Field Sobriety Tests

WHY we Cross-Examine the

Field Sobriety Tests

In this video, Attorney Mike Cyr, an Ithaca DWI lawyer, explains why we cross-examine the 3 Standard Field Sobriety Tests. 

www.ithacadwi.com  / 607-229-5184

 In short, because they are the NATIONAL standard set forth by the Federal Government (NHTSA), they must be: 

1. Instructed the same way every time
2.  Given the same way every time,
3.  Scored the same way every time... 

OR THEY ARE UNREIABLE and INVALID!   If they are unreliable or Invalid, then we can ask the judge to toss out the evidence against you. 

If you have questions, give us a call for a FREE Consultation:
607-229-5184 

Find us online:

www.ithacadwi.com
www.facebook.com/ithacadwi
www.ithacadwi2.blogspot.com
www.twitter.com/ithacadwi  @ithacadwi

*This video is not intended as legal advice nor does it create an attorney-client relationship.  If you are charged with a crime, consult with a local, licensed criminal defense attorney immediately. *


*Attorney Advertising.*

BY Attorney Mike Cyr
mike.ithacadwi@gmail.com

Ithaca College Cornell DWI lawyer explains: why driving AFTER a night of drinking...can bite you.

The Hangover

WHY DRIVING AFTER a Night of Drinking...

...can be a REALLY BAD IDEA.

This can be a bad call for a couple BIG reasons... 

People metabolize alcohol into their blood differently.  This is basic science.  Women get drunker faster and more potently than men.  It's a biochemical issue that causes this big differential.  Weight affects alcohol tolerance.  So does how much you had to eat.  

Etc, etc, etc,... 

In other words, if you got really drunk and went to sleep at 3am ... and woke up to drive someplace at 8am...there is a very HIGH probability that you still have alcohol in your blood and could still be INTOXICATED or IMPAIRED.

We often have clients who forget that in New York you can be charged with Driving While Ability IMPAIRED by alcohol ---so you do not have to be at 0.08% BAC to be charged.

The only thing that can reduce the level of alcohol in your blood is TIME.  

Greasy food, coffee, medicines, or any other home remedy will NOT make you more sober. It take time. 

So be smart.  If you have to be someplace at 8am --make sure you stop drinking many hours in advance to be sure that you are stone sober when you get in your car in the morning.  

Police are watching for people between 10pm and 9am.  Especially on weekends in a college town.  

Don't get caught the morning after a good party.  Party smart.

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca DWI lawyer explains what a PLEA OFFER is in New York

WHAT IS A PLEA OFFER IN NEW YORK?

Attorney Mike Cyr of Ithaca DWI: Defense Attorneys explains what is a plea offer in New York. 

We represent Ithaca College, Cornell, and SUNY Binghamton students all the time.  We are often asked about the plea negotiation.  In this video, I explain the basic outline of the cirminal process up to a negotiation with the prosecutor.  

Most cases are resolved by plea bargains --so the negotiation is a critical part of any criminal case. 

If you have questions about a criminal matter, please call us: 607-229-5184 or find us online.  

www.ithacadwi.com
www.facebook.com/ithacadwi
www.ithacadwi.blogspot.com
www.ithacadwi2.blogspot.com
Twitter: @ithacadwi


*This video is not intended as legal advice nor does it form any attorney-client relationship.  If you are charged with a crime, consult with a local criminal defense attorney immediately.*

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca Vestal DWI lawyer explains: WHAT is an Ignition Interlock Device?

WHAT IS AN 

IGNITION INTERLOCK DEVICE?

I've covered violating an Ignition Interlock Device...but not the basics of what the device does and how it is used. 

WHAT IS AN Ignition Interlock Device (or "IID")? 

it is a breath analyzer device installed into a vehicle to prevent a person from starting the engine, or in some cases, continue to operate a motor vehicle after having consumed alcohol. 

The driver must blow into the device BEFORE the vehicle will start.  

In most devices, there is a CAMERA installed too that records a picture of whoever is blowing into the machine--to protect against people having their friends blow into it and then drive... 

The device records a whole bunch of stuff about you:

1. Attempts to start the car
2.  The alcohol level of the person at the time of starting the car
3. The alcohol level of the driver at RANDOM intervals while driving (called "rolling tests")
4.  Attempts to circumvent or fool the device

Then, the device's memory will need to be uploaded to the computer of wherever you got it installed.  Then that provider will submit your information to the COUNTY DWI MONITOR WHERE YOU WERE SENTENCED.   You could be in California and the provider will send your info the County in New York where the Court was for your case.

Ignition Interlock Devices are a mandatory sentencing requirement in New York if you plead guilty (or are convicted) or a DWI alcohol-based misdemeanor or felony.  

BOTTOM LINE:

IID's are no fun, but there are ways to live with them.  There are also several steps you can take to avoid problems while the device is on your car.  If you have questions about a DWI case or an IID violation, you can contact our office and we will be happy to talk to you.

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca SUNY Binghamton DWI Lawyer explains: Lawyerin' in Vestal Town Court

Vestal Town Court, Broome County, NY, Copyright Cyr 2015

LAWYERIN' IN VESTAL TOWN COURT
(mostly here for DWI DEFENSE,
DRUG POSSESSION DEFENSE,  AND
SPEEDING TICKET DEFENSE)

*This Court handles all cases around SUNY Binghamton.

I practice here all the time.  The clerks are some of the nicest around.  This is a cool court because you can conference cases in a private room with the District Attorney BEFORE you see the judge.  It is very effective way to try to resolve cases.

The courtroom is very small so they usually only allow one case back there at a time.  But this can be good for privacy reasons --and you know the Judge is only focused on your case.

ADDRESS:

605 Vestal Parkway West, Vestal, NY 13850

JUDGES:

Honorable Joseph B Meagher

Court Clerk: Andrea Bird: (607) 748 1514 ext. 322

Honorable Michael D. Sherwood
Court Clerk: Gloria Meade: (607) 748 1514 ext. 323

[THESE ARE SOME OF THE NICEST COURT CLERKS IN UPSTATE NY! --THEY ARE INCREDIBLY HELPFUL IN DEALING WITH ALL SORTS OF ISSUES THAT COME UP IN THEIR COURT]

Window Hours

Monday - Wednesday - Friday:   8:00 AM to 4:00 PM 

Tuesday - Thursday:   8:00 AM to 5:00 PM

Court Hours

Arraignments:  Tuesday and Thursday evening beginning at 5:30 PM

OTHER COURT APPEARANCES:  Days can vary based on Judge availability (10:30am on Tuesday for some Judge Meagher cases)

Phone: (607) 748-1514

Fax: (607) 754-2496

ASSISTANT DISTRICT ATTORNEY website:  http://www.gobroomecounty.com/da/

The assigned ADA to Vestal Town Court is in flux right now.  A few different ones have been covering it. 

BY:  Attorney Mike Cyr of Ithaca DWI: Defense Attorneys

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca DWI Lawyer explains New York's Drug or Alcohol Overdose Good Samaritan Law

Cayuga Medical Center, Copyright Cyr 2015

PROTECTING YOU OR YOUR FRIENDS WHO OVERDOSE ON DRUGS OR ALCOHOL

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

Cayuga Medical Center Emergency Department Entrance, Copyright Cyr 2015

NY Penal Law, s. 220.78, sums up the above paragraph.

 1.  A  person who, in good faith, seeks health care for someone who is
experiencing a drug  or  alcohol  overdose  or  other  life  threatening
medical  emergency  shall  not be charged or prosecuted for a controlled
substance offense under  article  two  hundred  twenty  or  a  marihuana
offense  under  article two hundred twenty-one of this title, other than
an offense involving sale for consideration or other benefit or gain, or
charged or prosecuted for possession of alcohol by a  person  under  age
twenty-one  years  under  section sixty-five-c of the alcoholic beverage
control law, or for  possession  of  drug  paraphernalia  under  article
thirty-nine  of the general business law, with respect to any controlled
substance, marihuana, alcohol or paraphernalia that was  obtained  as  a
result of such seeking or receiving of health care.

The primary exception is for people who are selling drugs.   They may still be prosecuted under drug sale crimes, but usually not possession based crimes.  There may still be ramifications for alcohol possession if you are under 21, but the exposure for criminal charges is significantly lessened.

All in all, this law is designed to protect both the user experiencing the overdose and the “Good Samaritan” who sought medical attention in times of drug or alcohol emergency.  Tell your friends and parents about this law.  It could save your life someday.  

This is an important law to know about if you are high school or college student in New York --as it is students who typically misjudge the powerful effect of alcohol or drugs in Ithaca.  But this law applies to us all.  Not just students. 

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca Elmira DWI lawyer explains: the PRESUMPTION that you're DRUNK at 08% in New York

THE LEGAL PRESUMPTION THAT YOU'RE "legally intoxicated" at 0.08% BAC or HIGHER in NEW YORK

This video explains a basic legal presumption of DWI law in New York... 

If you give a breath or blood sample and the machine spits out 0.08% or higher...it will be PRESUMED that you were LEGALLY INTOXICATED.  

However, the problem is that sometimes you either MORE INTOXICATED or LESS INTOXICATED based on what phase of alcohol absorption your body is in when you give the sample. 

You could have been less impaired when driving...or you could have been more intoxicated...this is important to recognize because your BLOOD-ALCOHOL ratio changes over time.  

BY:  Attorney Mike Cyr

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi