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

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Ithaca Attorney: Why you MUST FIGHT a Cell Phone (VTL 1225(c)) or a Electronic Device (VTL 1225(d)) ticket in New York!

Why you MUST FIGHT a

Cell Phone (VTL 1225(c)) or a 

Portable Electronic Device (VTL 1225(d))

Ticket in New York!!!

If you get a CELL PHONE or Portable Electronic Device Ticket in New York (VTL 1225(c) or 1225 (d), then you MUST FIGHT IT! 

In this video, Attorney Mike Cyr explains why these kinds of tickets in New York are so harsh and must be fought by an experienced ticket lawyer.  

Each one of these tickets is considered a "SERIOUS TRAFFIC VIOLATION" under New York Insurance Law and could potentially drastically increase your car insurance premiums over a period of 3 years (if you have a NY license)! 

ALSO --these tickets are both 5 POINTS on your NYS license! 

*Bear in mind that your will be suspended at 11 points automatically by the New York DMV --and at 6 points you will have to pay a civil DMV Driver Responsibility Assessment (that can be very pricey). 

For those reasons, that is why it is so important to fight these tickets.  They can cost you $$$ and can cost you your ability to drive! 

If you have questions about VTL 1225(c) or 1225(d), give us a call: 607-229-5184

Or 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 New York ticket, we strongly urge you to consult with a local, licensed traffic ticket defense attorney. 

*Attorney advertising

BY MIKE CYR

Ithaca DWI Ticket Lawyer: What are the 3 most common "serious traffic violations" in New York?

WHAT ARE THE 3 

MOST COMMON

"SERIOUS TRAFFIC VIOLATIONS"

in New York???

In this video, Attorney Mike Cyr describes the THREE MOST COMMON "Serious Traffic Violations" in New York.

Without further ado --they are:

1.  Speeding at or over 15mph (over limit)
2.  VTL 1129(a) Following Too Closely
3.  VTL 1128(a)  Move from Lane Unsafely

These are the most common "serious traffic violations." As I have explained in other videos, these tickets are costly because they can potentially DRAMATICALLY INCREASE your Car Insurance Premiums (for up to 3 years if you have a New York license) --or even if you live out of NY state.

There are OTHER serious traffic violations too... like:

-VTL 1225D --Using a Portable Electronic Device
-VTL 1225C --Using a Mobile Phone
-VTL 1212 --Reckless Driving (a CRIME --not just a ticket!)

Bottom line--if you are charged with any of the above-listed VTL tickets, it is in your best interests to have a local, licensed attorney represent you.  The stakes to your CAR INSURANCE are very high and you could end up paying $100's to $1,000's of dollars over a period of time if these sort of tickets are not properly handled. 

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

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

Find us Online!  www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This video is NOT intended as legal advice, if you are charged with a Serious Traffic Violation, a ticket, or a crime, we strongly urge you to consult with a local, licensed criminal defense attorney.

*Attorney advertising

BY MIKE CYR

Ithaca lawyer: What is a "Serious Traffic Violation" in New York & what does it mean?

What is a "SERIOUS TRAFFIC VIOLATION"

in New York &

WHAT DOES IT MEAN???

In this video, Attorney Mike Cyr answers the question: 

"What is a SERIOUS TRAFFIC VIOLATION in New York? 

Basically, there are two different types of traffic tickets in NY.  Ones that are classified as "serious" and those that are not. 

What is the difference?

Usually, the penalties (fines & points) are higher for "SERIOUS" traffic tickets in New York...but there is a constant. 

Under New York State Insurance Law, car insurance companies are allowed to INCREASE (dramatically) their premiums for any of their customers that gets a ticket in New York for a "serious traffic violation."  The Insurance Law allows car insurance companies to maintain those higher rates for up to 3 years!  

*In our experience, the 15 or more mph threshhold may cause your car insurance rates to be increased in states outside of New York too.

That is a VERY LONG TIME to pay for a single ticket.  Some of these "serious offenses"  include, but are not limited to:

-ANY Speeding Ticket at 15mph or more over the limit
-VTL 1128(a) Unsafe Lane Change
-VTL 1225(c) Use of a Mobile Phone
-VTL 1225(d) Use of any Portable Electronic Device
-VTL 1229(a) Following Too Closely

If you are charged with a ticket (of any kind), we advise you to contact a local attorney to determine the full consequences of it.  

If you have QUESTIONS about your ticket, call us: 

607-229-5184

Or send me an email:  mike.ithacadwi@gmail.com

FIND US ONLINE:  www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This video is not intended as legal advice.  If you are charged with a New York ticket, we strongly urge you to consult with a local, licensed traffic ticket defense attorney in your area.

*Attorney advertising

By Mike Cyr

Ithaca Elmira Ticket Lawyer: Do you need to Appear in person for a New York Ticket?

DO YOU NEED TO APPEAR

IN-PERSON for a 

New York Ticket?

In this video, Attorney Mike Cyr, a criminal defense lawyer in Ithaca, New York answers the question: 

"Do You Need to Appear IN-PERSON for a New York Ticket?"

1.  If you are just facing a traffic ticket and you want to plead guilty = No.  

2.  If you are charged with a crime and want to plead guilty in New York =  YES

3.  If you are charged with a ticket or a crime and want to FIGHT the charges = YES

4.  If you hire an attorney --and have a traffic ticket = NO (your attorney can appear on your behalf) 

5.  If you hire an attorney--and are charged with a crime --you MIGHT NOT have to appear if something can be worked out with the Judge... (or the case is resolved prior to a first court appearance--which is a possibility with many minor crimes). 

If you are charged with a ticket or a crime and want a definite answer to your particular situation...CALL us: 

607-229-5184

Or 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 ticket or a crime, we strongly urge you to consult with a local, licensed criminal defense attorney. 

*Attorney advertising

BY MIKE CYR
Copyright 2015

Ithaca Lawyer: Problems with AUO charges in New York

THE PROBLEMS with

AUO 

("Aggravated Unauthorized Operation") charges in New York

In this video, Attorney Mike Cyr explains the problems with Aggravated Unauthorized Operation charges in New York.  

Let's begin:  Aggravated Unauthorized Operation or "AUO" charges are basically New York's version of driving on a suspended/revoked license.  

AUO in the 3rd degree --the lowest of the AUO family of charges, is a CRIMINAL CHARGE--that carries penalties that include jail, probation or conditional releases.  It is very serious charge that must be dealt with directly.  

If you are convicted of an AUO in New York--you will get a PERMANENT, LIFETIME criminal record.  It is a big deal.  NOTE:  There is no expungement in NY of criminal records.

An AUO presents special challenges because we have to perform a two-step process with every case that we defend.  First, we have to figure out WHY you were suspended or revoked originally.  Second, we have to make sure that underlying suspension is cleared up.  Third, we have to provide proof that your suspension is clear to the prosecutor and the Judge in order to begin defending the AUO charge... 

It's a process as you can see.  The point I want to convey clearly is that AUO charges range from a criminal misdemeanor to a FELONY.  They are serious charges that require a criminal defense attorney to represent you.

If you have questions about an AUO charge in New York, call us:

607-229-5184

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

Find us online!  www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

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

*Attorney advertising

BY MIKE CYR

Ithaca Lawyer: 3 Ways to Prove SPEEDING in New York

Three Ways A

Prosecutor Can Prove a 

SPEEDING TICKET

in New York

In this video, Attorney Mike Cyr explains the THREE different ways the government can prove SPEEDING against you in New York. 

There are three ways a police officer can prove a speeding ticket under New York law. 

1.  Visual estimation. 

The officer can just SAY he saw you going "x" mph based on his visual estimation compared to other cars or by counting seconds between two stationary objects, etc.  This is a skill they will say they learned in the police academy.  It is admissible. 

2.  Pacing your Car. 

The officer could drive behind you for a short period of time, look at his or her own speedometer, and then pull you over.  By looking at their own speedometer, they will say you were going "x" mph because I WAS DRIVING THE SAME SPEED BEHIND YOU.

3.  Radar.  

The State Police in the Finger Lakes region of upstate New York use the Stalker Dual Radar gun.  This device needs to be calibrated properly and used properly to be accurate.  Many Speeding cases have Radar in New York --and it is possible to challenge the accuracy of the machine at a trial. 

If you have questions about a New York SPEEDING ticket, please call us:

607-229-5184

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

Find us online:  www.ithacadwi.com

www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*This video is NOT intended as legal advice.  If you are charged with a New York Speeding ticket, we strongly urge you to consult with a local. licensed attorney who practices traffic ticket defense.

*Attorney advertising

BY MIKE CYR

Ithaca Lawyer: Burden of Proof in New York Traffic Ticket cases

What is the BURDEN OF PROOF

for New York Traffic Tickets?

Attorney Mike Cyr explains what the legal burden of proof is for a New York Traffic violation.  

In New York, there are several different burdens of proof.   There is "a preponderance of the evidence" (the civil standard) and there is "beyond a reasonable doubt," (the criminal standard).  

Beyond a Reasonable Doubt is the highest standard of proof in our legal system.  This is the standard that applies to NY traffic tickets.  This is a good thing because it enables defense attorneys to make arguments that have a chance to convince a judge to dismiss the ticket(s).  

The Beyond a Reasonable Doubt standard makes it harder for prosecutors to convict people.  

If you have questions about a New York Traffic Ticket, give us a call:

607-229-5184

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

FInd us Online:   www.ithacadwi.com

www.facebook.com/ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

www.twitter.com/ithacadwi   or @ithacadwi

*This video is not intended as legal advice.  If you are charged with a traffic ticket, we strongly urge you to consult with a local, licensed attorney who practices traffic ticket defense law. 

*Attorney advertising

BY MIKE CYR

Ithaca Lawyer: DANGERS of getting a New York Ticket with an Out-of-State License!

THE DANGERS

of getting a New York Traffic Ticket

when you are licensed in a 

different state!

In this video, Attorney Mike Cyr explains the TWO BIGGEST DANGERS of having a New York traffic ticket if you have a non-NY driver's license.  

There are two big issues:

1.  You will be facing administrative penalties to your license as well as fines, etc, in BOTH states.  

From a pure money standpoint, if you are dealing with a Speeding Ticket or a "serious traffic violation" under NYS Insurance law, then it is possible that your CAR INSURANCE PREMIUMS could be dramatically increased.  (For example, in NY it is 3 years of car insurance increases...)

2.  If you don't deal with your New York ticket, then the NY courts have the ability to SUSPEND your driving privileges in New York.  If that happens, then it is likely that your home state will do the same.  

If things get that bad, you could have to deal with the major inconvenience of having no license in two states UNTIL the underlying New York ticket is finally resolved. 

If you have questions about a New York State traffic ticket, please give us a call at:

607-229-5184

Or send me an email:  mike.ithacadwi@gmail.com

Find us online:   www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This video is not intended as legal advice.  If you are charged with a NYS traffic infraction, we strongly suggest that you contact a local, licensed attorney to help you deal with the problem and minimize your possible exposure.

*Attorney Advertising

BY MIKE CYR

Ithaca Lawyer: Why New York Traffic Tickets MUST be dealt with...or else!

WHY New York State 

TRAFFIC TICKETS

MUST Be Dealt with...

OR ELSE!!!

In this video, Attorney Mike Cyr explains what happens if you IGNORE or FORGET ABOUT traffic tickets in New York State....

1.  If you IGNORE or FORGET, you will make the Judge and Prosecutor mad.  Making it that much harder to negotiate a good reduction or dismissal with the District Attorney's Office and the Judge.  

2.  The Judge will SUSPEND YOUR LICENSE in New York if you fail to respond to a ticket.  If you are suspended in NY, it is likely that you will be suspended in your HOME state too.  

The National Driver Registry (a federal database) connects ALL the states in the USA.  Nowadays, every DMV in the country has access to the records of every other state... so if you are suspended in New York then your home DMV will definitely find out about it.  

That is why it is so important to handle New York tickets quickly when they are issued because it shows RESPECT to the Court and DA's office --and can make it much easier to defend them. 

If you have any questions about a New York Traffic Ticket, please give us a call:

607-229-5184

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

Find us online!   www.ithacadwi.com

Blog:  www.ithacadwi2.blogspot.com

FB   www.facebook.com/ithacadwi

Twitter  www.twitter.com/ithacadwi  or @ithacadwi

*This video is NOT intended as legal advice.  If you have a traffic ticket or a criminal charge, we strongly urge you to consult with a local, licensed attorney immediately. 

*Attorney Advertising

Ithaca Lawyer: WHY you should get your New York Traffic Ticket REVIEWED by an Attorney!

WHY it is so important to have 

an Attorney Review Your

New York Traffic Ticket

In this video, Attorney Mike Cyr explains WHY it is so important to have a New York traffic ticket reviewed by an attorney.  

For starters,  there is no information provided on the ticket itself about what you are facing.  

It does not tell you: 

-what are the fines?
-if you will get points on your license?
-how many points?
-what is the court mandatory surcharge?
-is it a "serious traffic offense" under NYS Insurance Law?
-will the ticket cause your car insurance premiums to be increased for the next THREE YEARS???

Second, a police officer will often say to you on the side of the highway "don't worry--I gave you a reduction."   But the problem is, they often lie to you.  There is no way to know if the cop went easy on you or not if you don't investigate.  The easiest way to find out is calling a local, licensed attorney who handles tickets all the time. 

If you have questions about a traffic ticket, give us a call:

607-229-5184

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

Or find us online:  www.ithacadwi.com

www.facebook.com/ithacadwi

www.ithacadwi2.blogspot.com

www.twitter.com/ithacadwi  or @ithacadwi

*This video is not intended as legal advice.  If you get a traffic ticket, we strongly suggest you consult with a local, licensed traffic ticket defense attorney to try to minimize the end result of the ticket (or try the case in court).  

*Attorney advertising

BY MIKE CYR

Ithaca Steuben County Lawyer: DANGERS of Handling a New York Ticket by Yourself

THE DANGERS of 

"DO-IT-YOURSELF" Tickets 

in Upstate New York

In this video, Attorney Mike Cyr explains the TOP 3 DANGERS of handling a New York Ticket yourself (without the help of an attorney). 

For starters, if you try to negotiate a reduction or dismissal of a NY state traffic ticket, you will be forced to either write to or speak to somebody from the District Attorney's Office.  The PROBLEM is that "anything you say (or write) can and will be used against you in a Court of law."  If you've seen Law & Order on TV, you know what I mean.  That is a real thing.  For the person charged with the ticket, anything you say or write constitutes a legal "Admission."  

Another PROBLEM is that even if the Prosecutor makes an offer to you, you have no frame of reference or context to fully appreciate whether they just made you a good offer or a bad offer.  Sometimes (especially with speeding tickets), they can make offers of reduction that end of still costing you money for car insurance premiums!   It is something to beware.

Last PROBLEM is that you (as a non-lawyer) do not bring any form of leverage to the table because the prosecutor does not have the threat of a trial from you.  If an attorney handles a case, we have some leverage because we know the law of what evidence they can actually use and what they can't.  We can also fight them if the original offer is not good.  

If you have a question about a traffic ticket in upstate New York, give us a call:  

607-229-5184

Or Email:  mike.ithacadwi@gmail.com

Find us online!   www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

www.ithacadwi2.blogspot.com

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

*Attorney advertising

By Mike Cyr

Copyright 2015

Ithaca Lawyer explains the BIGGEST Problem handling any case in Upstate New York

The BIGGEST Problem with many

Town/Village Justice Courts in

Upstate New York

In this video, Attorney Mike Cyr explains the BIGGEST Problem handling cases in upstate New York town and village justice courts.  

When I say cases, I mean ANY KIND OF MATTER in a Town or Village Justice Court in the upstate region of New York.  

There are 6,200 courts in New York State.  Of those, MANY of them (especially in the Finger Lakes region) are part-time courts.  

What does "part-time" mean?  

It means that some courts only meet 1 day PER MONTH.  Some have no email or fax numbers listed.  Some only have clerks present for 2 hours a MONTH.  That makes it very hard for a non-lawyer to get in touch with these courts.  In fact, many of these courts do NOT even have VOICEMAIL.  So the only way to contact these courts is through snail-mail, but then, you have no way to even contact them to confirm they received whatever you sent....  it's a paradoxical situation. 

Those of us lawyers who happen to practice in these courts often try to keep contact info for as many clerks/judges as we can.  That way, if we get a client who calls us up at the last minute, we can do our best to contact the court to ask for an adjournment or whatever else we may need for the case... 

Bottom line:  part-time courts like these just make the criminal justice system that much harder to navigate for an average person.  



If you have questions about a criminal case or a traffic ticket, please call us:  
607-229-5184

Or find us online:  www.ithacadwi.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 suggest that you consult with a local, licensed criminal defense attorney.  

**Attorney advertising**

By Attorney Mike Cyr

Ithaca Lawyer: Is your Ticket JUST a ticket...or is it a CRIME in New York?

IS YOUR TICKET ONLY A TRAFFIC INFRACTION OR IS IT A CRIME
IN NEW YORK?

My face looks ridiculous in this thumbnail pic. lol

In the video above, I explain that if you get a traffic ticket in New York...you might think it is just a ticket...or you COULD be facing a serious criminal charge! 

What some people don't realize is that the police use the same format for traffic tickets AND criminal charges under the Vehicle and Traffic Law. The police use what's called a "Uniform Traffic Ticket" or UTT --but that form could be for a Speeding Ticket (not a crime) OR used for an Aggravated Unauthorized Operation (a criminal offense). There are many, many different traffic infractions and crimes under New York's VTL. 

NY Tickets don't have much information on them.  They don't have the fine amounts, the court surcharges, when the court is in session, who to contact, the NYS insurance consequences, etc etc etc.

HOWEVER, they do tell you if you are facing a ticket or a misdemeanor or a felony.  Check out my other video to find out where to look on the ticket itself to locate that information.

Remember--criminal convictions are NEVER EXPUNGED in New York. If you are convicted of a misdemeanor or felony you will have a criminal record for the rest of your life.

That's why it is so important to contact a local, licensed criminal defense attorney whenever you are given a ticket in New York.  It's important to truly understand what you're facing.

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

Or find us online: www.ithacadwi.com

Email: mike.ithacadwi@gmail.com

Facebook: www.facebook.com/ithacadwi

Twitter: @ithacadwi

BY ATTORNEY MIKE CYR

*Disclaimer: This video is not intended as legal advice. If you get a traffic ticket or a criminal charge, our best advice is to consult with a local, licensed criminal defense attorney. 

Ithaca Criminal Lawyer: Fingerprinting at the Ithaca Police Dept.

(Image courtesy cnycentral.com)

MY OBSERVATIONS/THOUGHTS
OF DIGITAL FINGERPRINTING
AT ITHACA POLICE DEPT.

My job as a criminal defense attorney is really interesting on a day-to-day basis.  I sometimes get to go places and see things that others are not able to see.  One of these instances happened to me this past week.  

I was wrapping up a case and my client was required to get "processed" by Ithaca City police before he could be sentenced by the Judge.  What does that mean? 

To be processed by the police involves a few things: 

-you give all of your personal information (name, age, address, height, weight, tattoos etc)
-you get your photo taken by the police for their computer
-and you get your FINGERPRINTS taken and uploaded into their computer
(and probably sent to BOTH state-wide and national databases --I asked two officers where they went, and they honestly were not sure what databases they got sent to...I can only assume that NSA, CIA, FBI, etc has access)

So, back to the story, my client and I went to IPD main building and waited to be processed.  In a few minutes, an officer came out and allowed us both to come back to the area in the station where people are processed.  I watched.  

This officer was a veteran of IPD and has been processing people for many, many years.  He was extremely polite and professional.  My client gave his info and had his picture taken without any kind of problem.  

Then, the officer started taking the fingerprints.  

I'll stop the story to explain that IPD uses a digital fingerprint scanner that is part of a computer --so the prints are uploaded to databases almost instantly--once they've been taken.  

Here is a picture of the closest thing I could find online that looked like the machine they have:  

(not IPD's scanner, just something that looked similar, image courtesy of ydr.com)

OK--so here is where the story gets interesting.  This very experienced officer began fingerprinting my client (who was very good-natured and patient) ... and the machine just wouldn't cooperate.  

I watched this officer unsuccessfully try to digitally fingerprint my client for almost AN HOUR.  They kept getting stopped on a particular finger (I think it was the right ring finger).  Apparently, your fingers have to be cool and not sweaty or the machine doesn't like to read the print.  

I thought that was less than ideal--since most people I encounter are nervous when they're dealing with the police and sweaty hands are a pretty common side-effect of being nervous. 

They kept wiping my client's hands with baby wipes and running them under cool water to reduce their temperature.  

After about a half hour of trying, a SECOND OFFICER came in to try to get the prints.  The first officer (who seemed to really know what he was doing), just said "I give up."  

It took the SECOND OFFICER about 20 minutes to finally get the computer to accept the prints.  This involved several cooling attempts under water because my client apparently had "a hot finger!"  

I just silently watched this epic ordeal.  There was nothing I could do to protest or help, so I sat their thinking about this process and the machine being used. 

MY THOUGHTS ABOUT THIS PROBLEM:

More and more, the scientific reliability of using fingerprints as evidence of a crime has been questioned.  As a defense attorney, the most important thing in a criminal case is making sure that the methods used by police and police forensic labs are true and accurate (and based on good science).  

In the past several years, many police forensic techniques have been DEBUNKED --by other scientists--to prove that the police methods were faulty or HAD NO BASIS IN REAL SCIENCE. 

I'm talking about the FBI Hair matching scandal.  ARTICLE HERE

Or BITE-MARK analysis  (that's not a scientific thing either )  ARTICLE HERE

I'm a lawyer that believes that it is part of my job to constantly be learning about the science behind police techniques.  I attended a seminar last summer where a forensic presenter talked about FINGERPRINTS.  

It has been established that Fingerprint evidence is NOT considered full proof.  Scientists have determined that 2 different people could have the SAME print.  However, it is a small margin (but it is possible).  That's when analyzing full and COMPLETE fingerprints.  

In truth, in most criminal cases, police investigators are only able to get PARTIAL fingerprints from a crime scene.  This is where I get scared as a defense attorney. 

PARTIAL FINGERPRINTS --are WHOLLY UNRELIABLE as evidence. If a prosecutor tried to use them in court I would be objecting enthusiastically.  Here's why:

I've seen images of what appear to be the same partial print side-by-side.  They look identical.... then when the full image of the prints are revealed...they are CLEARLY different prints.  It's jarring.  However, if a jury sees the identical partial prints, how could they NOT convict the Defendant?  

This brings it back to IPD's digital fingerprinting... and the problems I saw this week with the machine.  

I'm a skeptic about most things -- but seeing the problems these two experienced officers had with the digital machine, my confidence in that machine's ability to take proper prints from ANYBODY is now in question.  

What if the machine takes a bad print from you?   Then it goes into a state and national database.   

What if somebody commits a crime someplace with a similar print to you and you get charged?   What if you can't account for your whereabouts that day?  What if you're convicted of something you didn't do because of faulty or unreliable technology (and so-called Fingerprint science)?  

These are big questions --but I think most people would agree that it shouldn't take an hour to get somebody's fingerprints.  Maybe IPD and the City of Ithaca should help finance a new fingerprint scanner.  I think that fingerprints are too important (based on the how they're relied upon by police) for a machine to get them wrong...

Just one lawyer's opinion.  

BY ATTORNEY MIKE CYR

Phone: 607-229-5184

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:  @ithacadwi

Ithaca Watkins Glen Lawyer: Why Aggravated DWI is a BIG DEAL in New York

WHY AGGRAVATED DWI

is a BIG DEAL

in New York

In this video, I explain what the big deal is about Aggravated DWI in New York State.  

Aggravated DWI is over 0.18% Blood Alcohol Concentration in NY.   If you are charged with this crime, the Judge, prosecutor, and possibly a jury will assume that you have a SERIOUS ALCOHOL PROBLEM.   

If the prosecutor believes this (and the Judge), then it is likely they will want to put you on PROBATION.   Probation in New York is pretty horrible.  It is 3 years of closely monitored supervision by your local government.  They can enter your home without permission, not allow you to drink alcohol or any other drugs for 3 years, go to a bar, or any number of inconvenient and painful infringements upon your liberty.  Probation may also cause you to have to stay in that county for up to 3 years (can't move or change jobs).  It's terrible. 



So, if you are charged with Agg. DWI --be sure to consult with a local, licensed attorney who focuses on DWI defense.  If you have questions about a DWI or Aggravated DWI case, call us at:

607-229-5184

Find us online:   www.ithacadwi.com

Blog:  www.ithacadwi2.blogspot.com

Facebook:   www.facebook.com/ithacadwi

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

BY Attorney Mike Cyr
Copyright 2015