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

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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. 

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*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

Ithaca DWI lawyer: What is the Lesser Included Offense for DWI in New York?

Ithaca DWI Defense Attorney:

What is the Lesser Included Offense

for DWI in New York?

In this video, Attorney Larry Newman explains the Lesser Included Offense to a DWI charge in the state of New York... 

There are different levels of misdemeanor DWI charges in New York state. You could be charged with either Aggravated DWI (based on a Blood Alcohol Content of 0.18 or higher) or you can be charged with misdemeanor DWI "common law" or DWI over 0.08. However, as we explained in a companion video, a Lesser Included Offense is a crime or violation that has some (but not all) of the same elements as the larger crime. 

In a DWI context, DWI over .08 is a lesser included offense of Aggravated DWI. DWI over .08 has the same elements as Aggravated,but the BAC level is lower. 

There is a lesser included offense to regular misdemeanor DWI --it is called "Driving While Ability Impaired by Alcohol" (DWAI for short). 

DWAI is the lesser included offense to both DWI common law and DWI over 0.08 --because it has the same elements--just a lower level BAC (0.06-0.07)

If you have questions about a criminal case or DWI case in NY, call us: 

607-229-5184

BY 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. 

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*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Binghamton Elmira DWI lawyers: Why did I get 4 charges for a single DWI arrest in New York?

WHY DID I GET 4 CHARGES 

FOR A SINGLE DWI ARREST

IN NEW YORK? 

In a recent video, I discuss how you can be charged with 4 different crimes from a single DWI arrest in New York.  

If you mix alcohol and any other substances (even over-the-counter meds), you could be charged with four misdemeanors for a single arrest... 

1.  DWI "common law"   VTL 1192.3

2.  DWI over .08   VTL 1192.2

3.  DWAI Drugs  VTL 1192.4

4.  DWI combo VTL 1192.4a

The problem with a scenario like this is that we have to DEFEND multiple charges --and any time somebody is charged with more than one thing, it complicates any defense because it gives the prosecutor more ammunition to convict you.  

If you have been charged with any of the above, give us a call and we will be happy to discuss your situation in depth.  607-229-5184

Or find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only. 

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

image courtesy imdb

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

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

COPYRIGHT NEWMAN & CYR 2016.  Educational Purposes Only. 

Ithaca Vestal Binghamton DWI Lawyer: Understanding the DWI Conditional Discharge in New York...in 2016!

Image Copyright NEWMAN & CYR 2016.

Ithaca Vestal Binghamton DWI lawyer explains:

Understanding the DWI Conditional Discharge in New York...in 2016

Understanding the DWI New York Conditional Discharge

Every state is a little bit different in their law, their proceduresm and even in their terminology. How a thing is named or called can be confusing because, even though things may have the same name, they are entirely different from one state to the next.

At the time of sentencing, all people with DWIs in New York State and even those with DWAI violations will receive at the very least a conditional discharge by the court.

The New York CD is NOT like the New Jersey CD (conditional discharge)

The New York and the New Jersey Conditional Discharge share the same name, but they are not same animal. In New Jersey, a CD means the charges you plead guilty to will be dismissed at the end of the discharge period - they are truly discharged in every sense of the word.

A Conditional Discharge in New York State is not like that. A New York CD means that you have been placed on a conditioned release from the court with specific set of terms.

A New York State Conditional Discharge is Like a Form of Probation

Once the terms of the CD have been completely satisfied then the discharge (and you) are released by the Court. The difference is that the charges will still stand (remain) on your record. A CD in NYS is merely a form of a release, much like being on a one-year term of probation-but without an officer.

You are ordered by the Court to act by yourself to meet your conditions. Some courts may require proof of completion of each condition while others are only notified if you fail to meet conditions. If you fail to do these things, you could be resentenced up to the maximum of whatever crime you were found guilty of... in the case of a misdemeanor DWI -- that's up to 1 year in county jail or 3 years of probation!  If you are put on probation, you will be assigned a probation officer. They will then supervise and monitor you. This will include many more terms and conditions than a CD. Probation is a millions times worse punishment than a CD! 

The Terms of Your Release with a New York DWI Conditional Discharge

There are some general conditions with all CDs. Generally you must stay out of trouble for one year or risk being re-sentenced for the offense you plead guilty to.  This means no new arrests or criminal charges (traffic infractions will probably not violate this requirement).

DWIs have additional special sets of conditions. The reason for this is that DWI has mandated release terms set by law, and now consistency guidelines by the New York State Supreme Court.

1. Install an IID (ignition interlock device) within 10 days of sentencing or your release from incarceration (jail). This must be placed on any and all cars you own and/or operate. This is why early in your DWI case it is important to get multiple cars out of your name. If at the time of sentencing you are still the owner you must place devices on all of them.

There are many specific terms and conditions that come along with the IID. It must be maintained and used properly during the period of installation. This period of time by court order is 12 months but can be shortened to 6 months if there is perfect compliance, and the court agrees.

2. You must have substance abuse evaluation (drug/alcohol evaluation) with an OASAS (NYS Office of Alcohol and Substance Abuse Services) certified counselor

and follow through without any and all treatment recommendations.

3. You Must Attend a VIP (Victim Impact Panel)

4. Attend the IDP (Impaired Driver Program) You will need to attend and complete the NYS DMV Impaired Driver Program or an equivalent program in your state of licensure.

5. Pay All Court Fines and Surcharges

6. Follow Up with the DMV and your home DMV for driver’s license privileges

License privileges do not revert to full status on their own. You must be proactive to regain your full license privileges.

Some courts add more conditions to these basic ones like community service hours.

There are other courts that have set dramatically low BAC (blood alcohol concentration) numbers for violating the IID. Understanding that a violation of any term of a CD can result in re-sentencing of the charge you plead guilty to. In the case of a DWI offense that means you can be facing up to one year of local jail.

By NEWMAN & CYR 

If you have questions about a DWI charge, you are welcome to give us a call for FREE CONSULTATION at 607-229-5184

Find us online! 

www.ithacadwi.com

www.fingerlakesdwi.com

www.twitter.com/ithacadwi

www.facebook.com/ithacadwi

Copyright NEWMAN & CYR 2016.  Educational Purposes only.

  

Ithaca Corning Elmira Seneca Watkins Glen Vestal DWI attorney: We've updated our website!

gif courtesy of sodahead.com

It's official, the new & updated

www.IthacaDWI.com

is LIVE! 

It's been a very long process over the past 5 months, but the website update came out great.  I've very proud of the work and information on the site --so check it out if you get a chance.  My blogging fell off a bit out of necessity over the past few months, but now that the site is live, I can get back to the important work of keeping past, current, and prospective clients (and the general public) informed about DWI defense law updates and other legal stuff with my blog, facebook, twitter, and YouTube videos. 

Hope everybody enjoys the new website.  

Finally, and most importantly, Merry Christmas and Happy Holidays to you and yours!  

Best,

Mike Cyr

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

Copyright Cyr and Associates 2015

Ithaca Watkins Glen DWI lawyer: Retrograde Extrapolation is JUNK SCIENCE!

Loved this image (courtesy of veteranstoday.com)

"RETROGRADE EXTRAPOLATION"

is NOT reliable and should be

banned from Court rooms across the 

United States (and beyond).

This past week "Retrograde Extrapolation" technique used by Prosecutors on Long Island to prove somebody's Blood Alcohol Concentration (BAC) Level at the time of driving has gotten some press...

What is "Retrograde Extrapolation" ?

It is a "faux" scientific calculation that is supposed to determine what a persons BAC level was at an earlier time based on the results of a chemical test that read BELOW 0.08%. 

In other words, if you took a breath test and it read 0.06% BAC, a Prosecutor in New York could make an argument that based on this so-called scientific calculation, they could prove that your BAC at the time of driving was actually HIGHER than 0.08% (therefore, you could be found guilty of a DWI).  

Here is one article:   Here is a 2nd article. 

Why is "Retrograde Extrapolation" JUNK SCIENCE? 

Because it makes very large assumptions in every single case.  For starters, it assumes that every single human on earth eliminates alcohol from their system at a constant rate of 0.15% per hour.  

Doctors and scientists have found very large ranges in people for alcohol elimination.  Some alcoholics may process and eliminate alcohol at a much faster rate.  The single rate used in this calculation fails to account for:  gender, race, physical fitness, tolerance, food intake, digestion, age, strength of alcoholic beverage, trauma from an accident, etc, etc, etc,

It makes an ever bigger assumption when it assumes a point a time when a person's alcohol absorption "peaked."  

When we drink alcohol there are two phases.  The absorption phase and the elimination phase.  During the absorption phase, we do not yet feel the effects of alcohol until it has fully been absorbed by our stomach and small intestine into our blood stream.  Then it travels all over the body through our blood and we feel it in our head!  (getting "buzzed")

Problem with RETROGRADE EXTRAPOLATION:  there is no way to measure or know when a person has finished the Absorption phase!  (PEAKED)

However, in order for a real, reliable calculation to work, we would have to know precisely when the alcohol absorption phase PEAKED and the body began to eliminate alcohol (assuming the rate is 0.15). Without that precise time, there would be NO WAY to ever know what somebody's BAC was by simply adding backwards.

That is why I have strong feelings about PSEUDO-SCIENCE being used in court rooms in front of a JURY.  (this stuff is believable if you don't understand the science behind it!).  

If a Jury is not comprised of chemists and biologists (or mathematicians), then it would be confusing and sound really easy to believe if an "expert" for the Government is saying that they did this calculation and they're SURE the Defendant was over 0.08% at the time of driving... And they will testify that it is based on SCIENCE. 

Only it's NOT. 

By Attorney Mike Cyr

607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

Copyright 2015

Ithaca Bath DWI lawyer: Did you know that your BODY TEMP can INCREASE your Breath Test Result?

One of my fav SNL sketches ever.  image courtesy razcardblog

Did you know that your BODY TEMP

can INCREASE your results

on a DWI Breath Test?

As I've discussed in many other posts, there are MANY, MANY factors that can negatively affect or skew a Breath Test result in a DWI case.  The breath test is not reliable for all kinds of reasons... 

Here's another one.  

HYPERTHERMIA:  the condition of having a body temperature greatly above normal. 

37.5 - 38.3 Celsius OR 99.5-100.9 Fahrenheit [or higher]--can begin to affect Breath Testing.

Did you know that for every 1 degree celsius increase in your body temperature, an individual's breath test result will be FALSELY ELEVATED by approximately 8.62% ?!?!?

In other words, if somebody's body temperature is significantly increased, then their results on a DWI breath test will be SIGNIFICANTLY HIGHER --but won't accurately reflect their actual Blood-Alcohol level.  

What scenarios would apply to this? 

-Having a Fever 

-Using Drugs (some amphetamines can raise body temp or other drugs that affect the central nervous system)

-Hard exercise or Hard physical labor

-Being in a Hot Tub

-Being in a Sauna

DO THE POLICE TAKE YOUR BREATH TEMPERATURE BEFORE A TEST IS GIVEN?  

Answer:  No.

So if you just got out of a hot tub at a party, were driving home and then was pulled over, any breath test result would be SIGNIFICANTLY HIGHER than it should be.  

It is important to give your defense attorney EVERY fact in a DWI case--because there are all sorts of things that can affect your case --that you would never consider. 

Bottom Line:

The police are looking to convict you.  They want the test result to be as high as possible.  They will not test your breath temperature.  They will not take multiple breath tests to see if the first one was skewed or indicates that your BAC is on the rise or falling.  

They take one test (or a couple to get the result they want) and that's that. The police are not looking to help you --or exonerate you.  

If you have questions about a DWI case, give us a call:

607-229-5184

Email:  mike.ithacadwi@gmail.com

By Attorney Mike Cyr

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

Ithaca DWI attorney: New Hand BIO-SENSOR in development to stop Drunk Driving

Sober Steering Photo, per article below

Bio-Sensor for your HANDS ON WHEEL

in development in Canada to 

detect/prevent Drunk Driving 

As a DWI defense lawyer, I try to keep up with developments in both the law and technology/law enforcement side of things... 

On Sept. 17, 2015, this article appeared about a Canadian company with U.S. ties that is working on a BIO-SENSOR that will supposedly measure your Blood-Alcohol Concentration through your skin.  It will be fit onto steering wheels and will be connected to the Transmission of the car. 

http://www.autoblog.com/2015/09/17/biosensor-tech-detects-drunk-drivers-hands-steering-wheels/

I think that it is interesting that this company is planning on measuring your Blood-Alcohol Concentration through your skin... unfortunately, the company fails to mention how it plans to accomplish that task scientifically.  

As with any measuring system, I worry about the basic premise --they would be measuring your SKIN to determine what's in your BLOOD.  Therefore, I see inherent problems and potential for false positives.   I imagine they will be using some form of infrared light spectroscopy to determine the BAC of a person.  The only sort of technology that will be universally accepted will have to be non-invasive (i.e. not giving you a pin-prick and actually testing your blood).  It will also have to be convenient.

The other new part of the technology is that this does not affect the IGNITION like current systems.  This new technology is designed to control the car's TRANSMISSION.  I think this is a good idea because it allows the car to be running even with a failed test.  This is important in the winter when it's freezing outside and you need the heat inside the car.  

However, most states in the US have laws that make it a crime to be drunk in a car when the keys are in the ignition.  New York does.  So, hypothetically, if this technology was universally installed, the police could still charge people with DWI even if they are just sitting in their disabled car with the engine running in the cold... 

I think this sort of technology will eventually be mandated by the federal government on all vehicles.  I just hope that it proves reliable enough so that those accused of DWI are not unfairly convicted --and those of us that do NOT drink and drive will not be significantly inconvenienced.   Guess we will have to wait and see... 

I'll be monitoring their progress with interest.  

By Attorney Mike Cyr

Call us if you have questions about IGNITION INTERLOCK DEVICES :  

607-229-5184

Email:  mike.ithacadwi@gmail.com

www.ithacadwi.com

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