Ithaca DWI lawyer: Do you have a NJ license and got a DWI in New York?

image courtesy of infoplease.com  - New Jersey map

Do you have a New Jersey license and

got a DWI charge in New York?

(here's what happens)

(here is an excerpt from our ebook:  "Everything You Need to Know about a NEW YORK DWI and Your License"  by Attorneys Mike Cyr and Larry Newman) 

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. 

COPYRIGHT CYR & ASSOCIATES 2015 

"Everything You Need to Know About a NEW YORK DWI and YOUR LICENSE!" by Attorneys Mike Cyr and Larry Newman

QUESTIONS?  Call us:  607-229-5184

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

Website:   www.ithacadwi.com

FB:  www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This post is not intended as legal advice.  If you are charged with a DWI or any crime, we strongly urge you to consult with a local, licensed DWI defense attorney immediately. 

BY MIKE CYR 

Copyright 2015

Ithaca Seneca Falls DWI Lawyer: Is the New York Drinking Driver Program mandatory???

Photo of actual New York DMV DDP pamphlet

Is the Drinking Driver Program MANDATORY for those convicted of drunk driving in New York?

My clients ask me constantly:  Do I HAVE to take the Drinking Driver Program?

My short answer is:  Probably eventually--if you want to have a Conditional License during your suspension or revocation.  Read entire post. (this only applies to DWI cases with alcohol...not drug cases).  There is no clear answer due to practical realities in NY.

I'll break it down into two distinct phases of a DWI case...

PHASE ONE - BEFORE you are sentenced on a DWI

If you are charged with a DWI in New York, you will likely be eligible for a CONDITIONAL LICENSE 30 days following your first court appearance.  

[Exception:  if you had a Conditional License within 5 years of your new DWI charge - in that case, you get no driving privileges before or after sentencing]

So, 30 days after your arraignment (first court appearance), you can go to the local DMV, pay $75 and get your "Pre-Conviction Conditional License."  

HERE IS INFO from the DMV website on the Conditional License:

Where and when you can drive

A conditional license/driving privilege is not valid to operate a taxicab or a vehicle for which a Commercial Driver License (CDL) is required.

If you receive a conditional license or conditional driving privilege, you may drive ONLY under the following circumstances

• to and from your place of employment
• during the hours of employment if your job requires you to drive a motor vehicle
• to and from a Motor Vehicle office to transact business regarding the conditional license or Drinking Driver Program (DDP)
• to and from a class or activity that is an authorized part of the DDP
• to and from a class or course at an accredited school, college or university, or at a state-approved institution of vocational or technical training in which you are enrolled - a conditional license/driving privilege CANNOT be used to drive to and from a high school
• to and from probation activities ordered by the court
• during an assigned period of three consecutive hours between 5 am and 9 pm once a week - the assigned period will not be changed unless this privilege is amended
• to and from a medical appointment that is part of necessary treatment for you or a member of your household - you must carry a written statement from your licensed medical practitioner as evidence, and show it to any police officer who asks to see it
• to and from a child’s school/day care if the child’s attendance at the school/day care is necessary for you to maintain employment or enrollment to an accredited school, college or university, or at a state-approved institution of vocational or technical training

http://dmv.ny.gov/tickets/conditional-license

This Pre-Conviction Conditional License (PCCL) is good until you are sentenced on the DWI charge.   *You have not taken the DDP yet, but you are ELIGIBLE due to the charges against you. 

PHASE TWO - AFTER you are sentenced on a DWI

After you get sentenced to ANY drunk driving-related charge in New York, you will have to change your "Pre-Conviction Conditional License" (PCCL) to a "Post-Revocation Conditional License" (PRCL) by actually going to the DMV in-person.

What's the difference between the PCCL and the PRCL in terms of your driving privileges?  

Answer:  NOTHING!   They provide the same privileges-just use different names.

Your PRCL will give you driving privileges until the end of your revocation or suspension.  

What does this have to do with the DDP?

When the DMV computer system gets updated with your DW conviction (typically takes 12-14 business days after sentencing in the court in our area of upstate NY), you will have to physically go to the DMV to change your PCCL to a PRCL.  

At this interaction, the DMV will EXPECT you to sign up for the Drinking Driver Program.  This is where they give you an ultimatum: 

"If you want to continue to drive on a Conditional License --you will have to take the DDP."

But is it TRUE? 

It's a complicated question because the information my clients receive from the actual DMV is DIFFERENT from the information on the DMV website.  At the DMV, representatives tell my clients you MUST participate in the DDP if you want to continue driving on your PRCL.... but see this text below from the New York DMV website...

Eligibility

Participation in the Drinking Driver Program is available on a voluntary basis if you have been convicted of an alcohol or drug related driving violation, unless you have participated in the program within the last 5 years, or have been convicted of another alcohol or drug violation within 5 years of the current alcohol or drug violation.

http://dmv.ny.gov/tickets/about-drinking-driver-program

HOW DO WE HANDLE THIS PARADOX?

*We encourage our clients to take the DDP.  The benefits outweigh the costs in most situations. 

We tell our clients to sign up for the DDP at the actual place where the class is given because sometimes the DMV representatives overcharge for the course.  The costs varies in each county based on the DDP provider.  Maximum cost is $225.

What happens if you decide NOT to participate in DDP?

Despite what I just posted above from the DMV website, the hard reality is that they could (potentially) take away your Conditional License.  If you let this issue go and simply try to evade the DDP over the course of your revocation or suspension, it is possible that the DMV will catch it at the conclusion of your suspension and force you to take it BEFORE they give your full driving privileges back.  Whether they are right or wrong...

This issue is complicated because this is the feeling of some DMVs around the state, but the DMV website claims that the program is VOLUNTARY. It's a difficult issue to navigate because sometimes when people are "supposed" to do something, they don't follow the rules.  

Remember, the DMV is the Judge, Jury, and Executioner when it comes to your ability to drive in New York.  They can do whatever they like.

What is the benefit of participating in DDP?

If you take the DDP, then you will maintain your conditional driving privileges.  Also, and more importantly, you MAY have your full driving privileges restored EARLIER than you were sentenced.  For many first time offenders, the DMV will give FULL PRIVILEGES BACK upon completion of the DDP.   So, if you have a 6 month revocation and you complete the DDP at the 3 month mark, it is possible that the DMV could cut your revocation short by 3 months!  That's a huge amount of time.  

Ultimately, it is in the DMV's discretion is they choose to do this.  It is handled on a case-by-case basis.  If you have a clean history and are a first time offender, you have a good chance of having this happen.  It's a good thing. 

I hope this post was enlightening on a confusing topic.  To take or not to take the DDP...

By Attorney Mike Cyr

Copyright 2015

Call me with questions:  607-229-5184

Email:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  OR @ithacadwi

www.ithacadwi2.blogspot.com 

Ithaca DWI lawyer: On what kind of ROAD can you get a DWI?

ON WHAT SORT OF ROADWAY 

CAN YOU GET CHARGED WITH A DWI?

This is a basic question...but it is important to know the basics of anything. 

In New York you can be charged with a DWI for driving on:

-any public road, highway, street, avenue, public place, public driveway or any other public way

-any private road or way in private ownership used for vehicular travel by the owner or with permission of owner

-a parking lot --with capacity to hold 4 or more vehicles

-a driveway used as access or egress to a public way with capacity to hold 4 or more vehicles

***NOTE:  If your driveway COULD HOLD 4 vehicles, even if it does not actually hold 4 vehicles, you could still be charged with DWI.  

-grass and medians around the highway

-any private way that provides ingress or egress to a public street (like the Cornell and Ithaca College campuses!!!)

BOTTOM LINE:

In most cases, proving driving on a road way is not difficult. Even when police officers find people drunk and asleep in their driveway, there is usually circumstantial evidence that they drove on a road while they were drunk BEFORE they fell asleep in their driveway. 

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi 

Ithaca Elmira Lawyer Why it is SO EASY to VIOLATE a Conditional Discharge for DWI sentence

ITHACA DWI LAWYER EXPLAINS:  

WHY IT IS SO EASY TO VIOLATE A CONDITIONAL DISCHARGE 

IN A DWI CASE

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 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

Ithaca DWI lawyer explains Why you MUST Investigate Arrest Scene in Ithaca, NY

3 REASONS WHY YOU MUST INVESTIGATE THE SCENE OF ARREST

1.  You need to see the scene as close to the date of arrest as possible.  

2.  You can't learn from a computer what you can learn with your own eyes. 

3.  When I go to a scene, I go with the intention of challenging the police evidence.  

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 Jury Series: Simple Way to Explain a Breath Test in NY

SIMPLEST WAY TO EXPLAIN 

HOW A BREATH TEST WORKS 

IN NEW YORK

The above video is part of my "JURY SERIES" --or ways to explain complicated concepts in a simple way to a jury.  

Sometimes science can overwhelm people or cause them to tune out.  In my experience, it is best to break things down on a relatively simple level so what we are all on the same page and understanding what's going on.  

In this case, YES, there is much more to talk about how a breath test works... see my other blog post. 

But for purposes of establishing the basics, this is a great way for people to have a visual understanding of how breath testing works...and then I can better show the PROBLEMS with the system.

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi