New York is a Nebulous State or Why Our Traffic Tickets Tell You Nada

One of the questions I have to frequently answer as an Upstate Attorney is:

Why is that New York traffic tickets (UTTs/Uniform Traffic Tickets) don't tell you how to pay?

They don't tell you what to pay? Basically (the tickets) give very little in the way of direction on what to do next. Only check off a box, guilty or not guilty? do you want a supporting deposition? What if I plead guilty? then what? Questions only lead to more questions.

Who do I pay? Where do I pay? Maybe even, can I just pay this? People (let's call them violators) just want to be done, they just want to put it behind them.

I guess in comparison with Pennsylvania, New Jersey, or even Florida where the tickets have very specific itemized amounts to pay in fines and/or clear cut options (traffic school/diversion) our tickets are antiquated. Much like our system of little village, town, and city courts with night hours, afternoon hours, and non-lawyer judges New York tickets are caught in a time warp.

Bottom Line: You don't know from looking at the ticket, what it will cost or how many points will be assessed. Try calling the Court looking for answers and you may be in for another surprise, these are mostly part-time courts with part-time staff (clerks) and they are rarely there. Some have machines (answering machines) where you cannot leave a message. Some have office hours two or three hours a week. As in please call back between the hours of 10 and 12 on the third Tuesday. I kid you not.

More important things to know:

FIRST: New York courts have wide ranges of punishments for most offenses, including traffic violations.

Ticket fines can range from $ 0 to hundreds of dollars. It is completely in the Judge's discretionary powers.

SECOND: New York courts will potentially assess: points for each ticket, fines for each ticket, a NYS surcharge per ticket, and maybe even a three year NYS DMV surcharge per the points.

THIRD: Even if you get a plea bargain (plea offer) from a District Attorney's office the Judge can choose to accept or reject it entirely or in part. Again this is in their discretion as Justices.

 Caveat Violator in treading these waters. You can always do it alone or you can hire a seasoned navigator familiar with these changing seas. The choice is always yours.

Lawrence (Larry) Newman

Doctor of Chiropractic
Attorney and Counselor at Law

Practice focused on traffic, DWI, and criminal defense within the Finger Lakes area of NYS.

607-229-5184
newman.lawrence@gmail.com

http://www.ithacadwi.com

5 Nano grams is the new .08 BAC: Marijuana and Driving While High

Ithaca Pot Lovers, Meet The Pot Map, Remember Pot is Still Illegal Federally, from rolling stone.com

Many regular marijuana users have recently applauded states like Washington and Colorado on being progressive in passing liberal pot legislation. Yay! people can now smoke people legally (at least under state law) and /or get a medical certification to smoke for health reasons.

As they say, the other shoe has now fallen, now these same pot loving states have enacted the first marijuana while driving laws. These laws have a specific (per se) amount of the drug that charges DWI/DUI for THC. Pot is the number two most used drug while driving so this was a natural progression of sorts.

5 Nano grams of THC is the new .08 BAC, Is it a lot or a little?

THC reaches high levels (100s of nano grams) in majority of users within one hour of ingestion. The THC in the blood will level off to 2-3 nano grams after another two or three hours passes. But if we have chronic substance users tested, their blood levels are chronically high. Are these chronic users affected the same as novice users? Are they too impaired to drive at these blood levels? Blood testing for specific quantities of THC and then judging impairment based strictly upon a number is fraught with issues. Alcohol and pot are just not the same.

CNN Road Tests Chronic Pot Users vs. Novice Users vs. Baked Users

In February 2013 CNN did a "Smoke and Drive" Road Test (closed course) study with a medical marijuana patient, a chronic user, and a novice user. All three performed well on the road tests, as in safely. Watch the video here to judge the results for yourself:

http://www.youtube.com/watch?feature=player_embedded&v=dw1HavgoK9E

It was not until they got completely "baked"(their term) that road performance became dangerous. The main point being that the marijuana users could distinguish when they should not drive versus alcohol drinkers whose confidence increases with each drink. Alcohol tends to inflate one's sense of confidence and abilities. Being honest with yourself (when high) and conscious of what you can and can not or should not do is a good thing.

New York State Does Not Have a Specific Amount of THC (or any other drug)

NYS still does not have any quantified drug for DWI except .08 BAC for alcohol. Our DWAI (driving while ability impaired) Drugs is any degree of impairment, so having any amount in your blood, of any named drugs (there are 100s), and a demonstration of impairment is enough proof to convict.

Challenging these cases will rely upon the experts in toxicology, pharmacology, and pharmacokinetics. There is little to no agreement scientifically that any specific amount of a drug can determine a degree or level of impairment.

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY 14850
http://www.ithacadwi.com

607-229-5184

New York DWI Conditional Licenses

Mastering DWI Defense

Well as the year winds down it is a perfect time for reflection. Why do I do what I do? DWI defense: It is challenging, and my goal is mastery.

You see I have always wanted to do things very well. As a kid I loved magic, photography, and bodybuilding/powerlifting. I spent countless hours engaged in those activities. Time was never a factor. It seemed as if I got so involved that the world did not exist. My sister called me (more like labeled me) obsessive and intense. So why was I this way? What drove me?

One of my mentors (btw a good thing to have) Dr. John Demartini, said that the VOID drives the VALUE.

I have always felt less than. I have felt the need to prove myself to the world. To prove my value, my worth, and my ability. I was short, pimpled (nice way to say Acne), curly haired (not a popular thing in my day), husky (another word for fat), clumsy (uncoordinated), nerdy, and a day dreamer. Nobody thought I would amount to much. Childhood was hard for me, picked on, ridiculed, and generally tormented for being different. So I focused on being really good at whatever I chose to pursue. I wanted to show them (them being everyone/everywhere).

I built my own little photo lab in my basement, with used cameras, developing tanks, and an old enlarger. I put on magic shows, I even performed for Mayor Beame and the democratic party back in the day. I invented a magic trick that was published by Tannen's (one of the oldest magic shops in NYC) at the age of 14. Lastly, I competed in powerlifting, eventually coming in 3rd place in New York State in 1980.

I am still on my quest for mastery. I am committed to traveling whatever distance, paying whatever price, and doing what it takes in time, energy, and money to be the best I can . . . This time, at DWI defense mastery. I follow the same SUCCESS formula every time:

1. find and go to seminars, people, and events that I can learn from.

2. find and buy books, tapes, and dvds to learn from.

3. organize and spend part of everyday (or almost every day) reading/listening/writing

4. commit to mastering each part and area of the subject

5. pay the price for success, in time, money, and energy

6. accept and learn from my mistakes and rejections

7. work hard at preparing for all of my challenges.

This year I attended and participated in 10 seminars:

January 2010: Gerry Spence Trial Lawyers College: Opening Statement, Asilomar, California

February 2010: Gerry Spence Trial Lawyers College: Direct Examination, Round Top, Texas

March 2010: Gerry Spence Trial Lawyers College: Closing Argument, Leavenworth, Washington

April 2010: Texas Criminal Defense Lawyers Forensic Science for DWI New Orleans, LA

June 2010: Gerry Spence Trial Lawyers College: Psychodrama, Dubois, WY

June 2010: New York Criminal Defense Lawyers NY DWI Update, Wayne, New York

October 2010: New York State Bar Assoc. Expert Witness Seminar, Syracuse, New York

October 2010: New York Criminal Defense Lawyers DWI Update, Syracuse, New York

October 2010: The Breakthrough Experience, Self Mastery Program, Boston, Mass.

November 2010: Texas Criminal Defense Lawyers, Advanced DWI Seminar, San Antonio, Texas

7 states, 10 seminars, and one incredible year. I won't even begin to tell you the number of books, dvds, and cds I have purchased on criminal law, and DWI defense. Suffice it to say I have quite a library (my resources).

I believe "You" are always your greatest investment. A great many companies, organizations, and businesses spend millions on advertising/marketing for clients/customers.

If only they spent that time, energy, and money on their product or service. People sometimes ask me How I "Get" Clients. So many people are only interested (primarily interested to be fair) in the bottom line.

In my opinion these companies do not:

Panera's Bread, Starbucks, Dunkin Donuts, Apple, Wegman's, . . . Great bread, coffee, computers, and service . . . looking towards the future, innovating, transforming . . .

They "Focus" on being better, rendering a better product, a better service, not on a gimmick, or selling a fantasy to people.

As to me . . . Well, I not interested in retiring, why would I? I love what I do (contributing and serving as an attorney), I care about doing a great job (the best with the facts/case in front of me), I love learning, growing, and transforming my self and my business with new ideas,

so as 2010 comes to a close I look forward to re-grouping to do more (quality not cases) in 2011.