Watkins Glen DWI lawyer: Can the Punishment be WORSE for going to trial in NY?

CAN THE PUNISHMENT BE WORSE

FOR GOING TO TRIAL IN NEW YORK?

In this video, Attorney Larry Newman explains how taking a criminal defense case all the way to trial could potentially alter the punishment for a Defendant in New York. 

Like all things, it depends on the circumstances. If you are charged with murder --taking a case to trial is expected. Your punishment will be reflective of the evidence and facts that come out during the trial. 

Unfortunately, there is a flip side to that coin. If you are charged with a minor crime --and insist on taking the case to trial--despite there being a reasonable plea offer from the Prosecutor, then a charge could be inclined to punish you worse for "wasting the court's time." 

There is a constitutional right to have a trial in the USA and in New York. Many Judges respect that right and will not punish you more harshly for exercising your rights. However, there are some that will be less than happy to spend their time presiding over something they feel shouldn't be happening. Additionally, the Prosecutor will almost always request much harsher sentences following a trial than they offered in a plea negotiation. 

That's why all of these factors must be considered in EVERY DEFENSE CASE. Who is the Judge? Who is the DA? What's the facts of the case? What charges are you facing? 

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 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. 

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

Ithaca Criminal defense lawyer: What's a "Lesser Included Offense" in New York?

What is a "Lesser Included Offense"

in New York?

In this video Ithaca Criminal defense attorney Larry Newman explains the meaning of a "lesser included offense" in New York. 

To break it down into simple terms, every crime in New York has pieces that must be proven.  Each piece is called an "element" of the crime.  The Prosecutor has the burden to prove beyond a reasonable doubt that each element is present for somebody to be convicted of a crime in NY.  

Some crimes are more serious than others.  New York has a wide range of criminal offenses and as crimes become more serious--there are usually more elements to prove.  

A "lesser included offense" is the same type of crime --but usually one or two grades less serious.  It has all but one or two of the same elements as the larger more serious crime.  

If you think of a crime as a shoebox --you could fit the lesser included offense inside it.  

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. 

*Attorney advertising

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

Ithaca Criminal defense attorney: What does it mean to get "into evidence" at trial in NY?

What does it mean to get

"into evidence" at a trial

in New York?

In this video, Ithaca Criminal defense attorney Mike Cyr explains what it means to get something "into evidence" at trial in New York...

Every single piece of evidence must meet certain NY evidence rules and procedures to be seen or heard by a Judge or a Jury --and considered when the they are determining the outcome of the case.  

Our job as criminal defense attorneys is to evaluate whether or not the prosecutor will likely be able to get their evidence to be seen by a Judge or Jury in NY.  We must do that evaluation in every single case we defend. 

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. 

*Attorney advertising

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

Ithaca DWI lawyer: Is the CHEMICAL (Breath) Test AUTOMATICALLY seen by a Jury in New York?

Ithaca DWI lawyer:  

Is the CHEMICAL (Breath) Test Result

AUTOMATICALLY seen by Jury 

in New York? 

In this video, Attorney Mike Cyr explains whether a Chemical Test (breath) AUTOMATICALLY seen by a Jury in New York...

Short answer:  NO.  Not automatically. 

The Prosecutor has to prove three primary things in it's case-in-chief to be able to enter the Chemical Test Results into evidence (which means they will be seen by a Jury):

1.  Properly maintained and calibrated machine

2.  Chemicals in machine were proper

3.  Officer who administered test followed proper procedures and protocols.

If they meet these requirements, then the Breath Chemical Test will be shown to the Jury.  

If you have questions about a DWI case in New York, call us: 

607-229-5184

Or FInd us Online!   

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

 BY NEWMAN & CYR

DISCLAIMER:  If you or a loved one is charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of your case -- including the potential loss of your freedom.

*Attorney advertising

*Educational purposes only.  Copyright Newman & Cyr PLLC 2016.

Ithaca Cortland DWI lawyer: Is the Road Side Breath Test Admissible at Trial in New York?

IS THE ROAD SIDE BREATH TEST

(Preliminary Breath Test or PBT)

ADMISSIBLE AT A DWI TRIAL

IN NEW YORK?

In this video, Ithaca DWI lawyer Mike Cyr explains that the Road side Breath Test (also referred to as the "Preliminary Breath Test" or PBT by police) is NOT admissible at a DWI trial in New York. 

NO.  It's not admissible.  The PBT is a hand-held device that is essentially a large battery that is not as accurate or reliable  (and doesn't have safeguards on it to make sure the test is good...) as the chemical breath test back at the police station.   Once the unit gets too old and degrades, the police throw it away!  They don't even bother to repair it.  The road side test is used as a measuring device to see if you have been drinking.  If it tests positive on the side of the road, that will add to the police officer's probable cause argument to bring you back to the station to ask you to do a chemical test (and field sobriety testing), etc. 

If you have any questions about a DWI case in Ithaca or Watkins Glen, NY (or surrounding areas), call us for a FREE CONSULTATION:

607-229-5184

By Newman & Cyr

FInd us online!  

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*DISCLAIMER:  If you or a loved one if charged with a crime, 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.

*Attorney advertising

*Educational purposes only.  Copyright Newman & Cyr PLLC 2016.

Steuben County Ticket defense lawyer: Can you reduce a SCHOOL ZONE Speeding ticket in New York? VTL 1180C

CAN YOU REDUCE A

SCHOOL ZONE SPEEDING TICKET

VTL 1180C

IN NEW YORK?

In this video, Attorney Larry Newman explains if you can reduce a SCHOOL ZONE Speeding Ticket in New York.   Bottom line:  it depends.  Some counties have policies where the Prosecutor will NOT negotiate a school zone ticket.  The "WHERE" is a huge piece of information for a VTL 1180C School Zone ticket.  

These are tough to reduce because Prosecutors are worried about the safety of school children -- but in the Finger Lakes region of upstate New York we have negotiated many of these type of tickets.  

If you have questions about VTL 1180C School Zone Speeding Tickets, 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 has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes --including the potential loss of your freedom.  

*Attorney advertising
*Educational Purposes Only.  Copyright NEWMAN & CYR PLLC 2016.

Why SCHOOL ZONE SPEEDING TICKETS

are so BAD in New York!

In this video, Attorney Mike Cyr explains why school zone tickets are SO BAD in New York!  

Everything is heightened with a school zone ticket because of the potential danger to school age children.   Additionally, your car insurance company is going to react much worse to a school zone ticket --and likely raise your rates substantially--than a regular speeding ticket.   

These tickets are harder to do it yourself too --because Prosecutors generally don't want to hear your excuses for putting kids in danger. 

If you have questions about a School Zone Ticket or any other Ticket in New York, call us:

607-229-5184

BY NEWMAN & CYR
THE DWI ATTORNEYS

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, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes --including the potential loss of your freedom! 

*Attorney advertising
*Educational Purposes Only.  Copyright Newman & Cyr PLLC 2016.

Ithaca Criminal Defense lawyer: Can you get RECKLESS DRIVING VTL 1212 for Speeding in NY?

Can you get 

VTL 1212 RECKLESS DRIVING charge

for Speeding in New York?

In this video, Attorney Mike Cyr explains how you can get charged with a VTL 1212 Reckless Driving charge in New York for Speeding coupled with other factors...

If you are Speeding AND: 

1.  Poor weather conditions

2.  Anger the Police Officer

3.  Totality of the Circumstances (officer sees you do a bunch of violations, may just charge you with 1 misdemeanor VTL 1212 Reckless Driving!) 

If you are charged with VTL 1212 Reckless Driving or any other traffic violation or crime in New York, call us:

607-229-5184

By Newman & Cyr
The DWI Attorneys

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 your charges--including the potential loss of your freedom! 

*Attorney advertising

*Educational Purposes Only. Copyright Newman & Cyr PLLC 2016.

Ithaca Watkins Glen DWI lawyer: Using TIMING to Defend DWI in New York

Using TIMING to Defend DWI 

in New York

In this video, Attorney Larry Newman discusses how we use TIMING to help defend DWI cases in the Finger Lakes region of upstate New York.  

We had a specific case where a guy was given a blood test BEYOND 2 hours from the time of arrest.  In NY, they're supposed to give a blood or breath test from the time of the Road side breath test (Preliminary breath test or PBT) or the time of arrest.  This is not a mandatory rule--but it can be used as persuasive.   

If a test is given MORE than 2 hours from arrest or roadside test, then we are allowed to argue that the test is NOT reliable, accurate, or truthful, and we can make that argument to the jury.  

In the case Larry discusses, we were successful in filing motions and getting a great reduction offer just before a trial because we were willing to push the prosecutor and make a solid argument for our client.  As Larry mentioned, no two cases have the exact same result, but this strategy can be successful in other cases. 

If you have a question about a DWI case in New York, call us:  607-229-5184.  

BY NEWMAN & CYR
Copyright 2016

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, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes --including the loss of your freedom! 

*Attorney advertising
*Educational purposes only.  Copyright Newman & Cyr 2016

Ithaca Criminal defense lawyer: Criminal Possession of a Controlled Substance in 7th degree at GRASSROOTS Festival NY!

GRASSROOTS NY 2016: 

Criminal Possession of a Controlled

Substance in the 7th Degree

charges for many!

Grassroots Music Festival was this past weekend, it is a Trumansburg tradition to go relax and enjoy the music. Drinking alcohol and smoking pot are the drugs du jour or at least they used to be.  These days the kids are dabbling in Molly, coke, and of all things Adderall. Mixing them all up is not a good recipe.  

Even Law Enforcement has Their Limits

People seem to have developed a laissez faire attitude to walking around the festival and partaking. These days feeling as though the police don’t care (and won’t arrest) about what happens at Grass Roots is not true.

Pot Arrests are Down but Drug Arrests are Up

In the past, we saw a more marijuana related offenses, DWI alcohol for those driving home, and even a few DWAI drugs charges for those driving home high and not drunk. It appears that this year marks the first time that the most common arrest was for Criminal Possession of a Controlled Substance in the 7th degree. That means having something other than marijuana in your possession although concentrated forms of cannabis can also be charged as a controlled substance. In New York State, pot is not a controlled substance unless it is in a highly condensed form.

Possession in the 7th Degree Can Be Charged in a Number of Ways

The charge can also arise if you have prescription drugs in your possession without the script as in not in their original container. In New York, even legal drugs must be carried with proof that they are for you and not someone else.

Private Security Inside and Public Law Enforcement Outside

The festival is monitored in a number of ways both internally and externally.
Inside they have private security guards. They seem to look the other way with marijuana as long as it out of public view. They are not as forgiving for some of the other harder substances being used. That is the reason the police have been notified when people are displaying (or not keeping private) these other drugs.

Local law enforcement is on the look out for meth, heroin, acid, and cocaine. They stay posted right outside the gates of Grassroots to keep the peace, and to arrest those distributing or using these other drugs.

Criminal Possession of a Controlled Substance in the 7th Degree is a Misdemeanor. It is punishable by up to a year in jail, three years of community monitoring and supervision, forced treatment and rehabilitation for a drug/alcohol problem, a zero tolerance for use of any alcohol and/or drugs for three years with surprise testing.

The biggest problem with any criminal drug charge is that your private life becomes open to public view and prosecutorial scrutiny.

If you have questions about Criminal Possession of a Controlled Substance in 7th degree charge or any other NY drug charges, call us:  607-229-5184

By Larry Newman

NEWMAN & CYR, PLLC
Copyright 2016

Find us online!   www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER:  If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes from the charge --including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes Only.  Copyright Newman & Cyr PLLC 2016

Ithaca Cortland DWI defense attorney: Can they prove Reckless Driving VTL 1212 by Speed Alone in NY?

Can They Prove 

RECKLESS DRIVING (VTL 1212)

by Speed Alone in New York?

In this video, Ithaca defense attorney Mike Cyr explains that the government needs more evidence than Speed by itself to prove RECKLESS DRIVING in New York. 

Although fast speeds can be considered "reckless" by themselves --in a legal sense, there must be other factors for a NY prosecutor to be able to prove Reckless Driving VTL 1212 (a misdemeanor level offense). 

At it's most basic, the prosecutor must prove that the PUBLIC WAS PUT IN DANGER BY YOUR BEHAVIOR based on the facts. 

If there are people around while you're going really fast--then charging you with Reckless Driving VTL 1212 could be appropriate... 

If you have questions about Reckless Driving or any other driving charge, call us:

607-229-5184

BY NEWMAN & CYR
Copyright 2016

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, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the negative outcomes of your case--including the potential loss of your freedom.

*Attorney advertising

*Educational Purposes Only. Copyright Newman & Cyr 2016.

Ithaca Watkins Glen DWI lawyer: Can the Prosecutor ADD charges later in a case in New York?

Can the Prosecutor

ADD CHARGES after a person

has been arrested, charged, and released

in New York?

In this video, DWI defense attorney Mike Cyr explains how a Prosecutor can ADD CHARGES to a case even AFTER a Defendant has been arrested, charged, and released... 

In New York, the Prosecutor has the absolute power to ADD charges (as long as the facts meet the elements of the crime) at any time prior to trial. 

Sometimes (very occasionally) the Police will NOT charge somebody with every single charge that they could legally... HOWEVER, it is NOT the police officer's final call as to what the ultimate charges will be....it is up to the District Attorney! 

If the DA feels like it, they can add or INCREASE any charge they feel they can legally prove beyond a reasonable doubt. That's why it is important to understand that the charges at the start of a case are not necessarily the charges that will be filed before the END of a case. 

If you have questions about a DWI or criminal defense case, call us:
607-229-5184

BY Newman & Cyr, PLLC
Copyright 2016

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, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes --including the loss of your freedom. 

*Attorney advertising

*Educational Purposes only. Copyright Newman & Cyr 2016.

Ithaca Watkins Glen DWI lawyer: Why do Prosecutors OVERCHARGE Defendants in New York?

WHY DO PROSECUTORS

OVERCHARGE DEFENDANTS

IN NEW YORK?

In this video, DUI defense Attorney Mike Cyr explains why New York Prosecutors tend to OVER-Charge Defendants in a criminal case. In general, there are three primary reasons they do this:

1. They don't know all the facts and evidence at the start of a case (so they charge as many things as they think MAY be prosecutable)

2. The more charges against an individual gives the Prosecutor more ammunition in a plea bargaining situation. It gives them a better shot to have a more serious charge or punishment stick.

3. It is much harder to ADD CHARGES later in a case --when a Judge must approve them --than at the beginning of a case. Plus, the Prosecutor always has the right to DISMISS charges as the case goes on...

If you have any questions about a DWI or Criminal Case in upstate New York, call us: 

607-229-5184

BY NEWMAN & CYR, PLLC 
Copyright 2016

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, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible outcomes of a case --including the potential loss of your freedom! 

*Attorney advertising
*Educational purposes only. Copyright Newman & Cyr 2016.

Ithaca Watkins Glen DWI lawyer: Must they do a Chemical Test within 2 hours in New York?

MUST THEY DO A CHEMICAL TEST

FOR A DWI WITHIN 2 HOURS

IN NEW YORK?

In this video, DWI defense attorney Mike Cyr, explains the New York "2 hour Rule" .... or what used to be the 2 hour rule...

There used to be a mandatory rule under New York State law that any chemical test (breath or blood) MUST be taken within 2 hours of arrest or taking the Preliminary Breath Test (PBT). Unfortunately, that rule has been diminished over time to now in 2016, where the "rule" is now more like a "suggestion."

Basically, if a Chemical Test is taken beyond 2 hours following an arrest or PBT, then the defense lawyer can argue that the test is too old to be reliable and accurate... we have been successful in the past using this technique on cases. 

If you have any questions about a DWI case in upstate New York, call us: 607-229-5184

By NEWMAN & CYR, PLLC

Find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*DISCLAIMER: If you are charged with a crime, we strongly urge you to consult with a local, licensed defense attorney to help lessen the possible negative outcomes of your case--including the potential loss of your freedom. 

*Attorney Advertising
*Educational purposes only. 

Copyright 2016 Newman & Cyr

Ithaca Watkins Glen DWI lawyer: What is a 20 Day Order in a New York DWI case?

What is a "20 Day Order" 

in a New York DWI case?

In this video, Attorney Larry Newman explains the definition of a 20 day Stay (aka 20 day order, or 20 day rule) in a New York DWI case. 

The 20 day order is a judicial order from a Judge at the conclusion of a DWI case in New York that grants full driving privileges for 20 days.  The reason behind the order is so a Defendant can change over their "Pre-Conviction Conditional License" to a "Post-Revocation Conditional License" at the DMV --and their driving won't be interrupted.   This is to make sure people can continue to drive to and from work.  It is an important part of the law that people be allowed to drive to their jobs. 

If you have questions about a DWI case in New York, call us:  607-229-5184.  

By Newman & Cyr, PLLC

Newman & Cyr is a boutique law firm in the Finger Lakes region of upstate, NY focusing on DWI defense.

Find us online!   www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

DISCLAIMER:   If you are charged with a DWI or any crime, we strongly urge you to consult with a local, licensed defense attorney to help lessen the possible negative outcomes of a charge...including the loss of your freedom.

*Educational purposes only.
*Attorney advertising


Copyright Newman & Cyr 2016.

Ithaca Watkins Glen DWI lawyer: Can I transfer my Florida DUI Restricted License to a New York Restricted License?

Can I transfer my FL restricted DUI license to a NY restricted License?

I just moved to NY, and am now a NYS resident but I have a DUI restricted license from Florida. I want to change over my licensure, can I?

In this instance, you can plug in any state because the answer would be the same when moving to New York. 

Can I go to the NYS DMV, and transfer my Florida DUI license (or any out-of-state restricted license) to become a NY restricted license?

Each state has different criteria for granting any "limited" licensure. Generally there is NOT reciprocity on this from state to state. In other words, states don't give credit or punishment for other states issues. They may have to take over a felony (criminal) level of probation (community supervision and monitoring), but asking them to take over administrative burdens is another story entirely.

You have to be fully released from FL DMV to obtain any other state licensure. You will eventually apply to the NYS DMV if you are a resident. No one in the new USA can currently hold more than one driver's license (licenses from multiple states). Having driver's licenses from more than one jurisdiction is a thing of the past.... before terrorism and the internet.

The more important issue is: do you have driving privileges in NY using a Florida restricted DUI license? 

New York will likely not recognize Florida restricted driving privileges. You could face a criminal misdemeanor if caught driving called AUO 3rd. Aggravated Unlicensed Operation. This is "knowingly" driving without a license or privilege. You could argue ignorance... but it is a danger.

Florida can't grant limited (restricted) privileges outside of FL. State to state we allow driving on any state or foreign license. but this is if there are no outstanding issues, and it is a full (complete) license. This is under full faith and credit between the states in the US Constitution.

Remember, because driving is a privilege, and not a right, the states do not have to give any privilege to drive.

Can't New York just take my Florida license, and give me a New York driver's license? 

No, unfortunately, it does not work that way. 

You cannot just surrender a FL restricted license, and get any NYS license because Florida still has a hold upon driving privileges that must be satisfied first. If FL suspended full privileges due to the DUI, and has requirements then all must be met including having only those FL restricted privileges for a time period. 

Potentially, if a person from out of state goes into the NYS DMV that could make things worse because it then shows knowledge of circumstance. Things can be complicated with license issues.

If you have questions about a DWI or DWAI Drugs case, call us:  607-229-5184

Or FInd us online!   www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*Newman & Cyr is a boutique law firm in the Finger Lakes region of upstate New York focusing on DWI defense.

By NEWMAN & CYR, PLLC
Copyright 2016

DISCLAIMER: If you or a loved one is charged with a crime or ticket, we strongly urge you to consult with a local, licensed criminal defense attorney to help protect you from any possible punishment--including the loss of your freedom.

Educational use Only.