I only go to school in New York. Will I be able to drive in my home state if I lose my privilege to drive in New York?

I practice in a College area with IC (Ithaca College), Cornell University, SUNY Binghamton, SUNY Cortland, New York Chiropractic College, TC3 (Tompkins Community), and a host of others all within striking distance. Many of my DWI clients are students, teachers, professors, Post docs, and Post grads all just passing through. Many still maintain driver's licenses from different states and countries. What happens after a New York DWI arrest to these privileges? What happens to their privileges to drive back home?

New York State can only revoke or suspend your privileges to drive in New York State. At your arraignment (initial appearance) a NYS judge must suspend your privilege to drive here (NYS) if you had a BAC of .08 or higher OR if you refused to take the breath test. However, 45 states are parties to an interstate compact that requires them to suspend the license of any person who has lost their privilege to drive in another state. These five: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin DO NOT BELONG to the compact

If your home state has not been notified then they will not suspend.

New York typically does not notify the home state until the final hearing/disposition of your criminal case. Although, if you refused the breath test then after your administrative refusal hearing, where it is likely your NYS privileges will be revoked (cancelled) NY DMV will notify at that time.

If your home state is NOT notified (and they of course must notify you at the address listed on your license) then you still have driving privileges in all 49 states while your criminal case is pending in New York State.

To sum up: either after a administrative refusal hearing with a Judge or at the end of your criminal case your home state will likely suspend your license to drive and you will not be eligible for reinstatement until your privilege to drive in New York is restored. Your home state may also choose to impose an additional period of suspension or revocation for a New York DWI, DWAI, or ADWI conviction. Your home state could also require classes, treatment, an evaluation, fines, and surcharges. You should consult with an attorney from your home state to confirm what may or may not happen.

A Tale of Two Courts: Ithaca City versus Town of Ithaca

My backyard is Ithaca, NY. I do enjoy the Ithaca summers but winters can be trying and a dismal grey. Many people who has been charged with DWI ,and other traffic offenses often confuse the City of Ithaca and the Town of Ithaca Courts. Even after living in the City for a number of years it took me a little while to make sense of the divisions.

Cornell University occupies a huge land mass which straddles both the City and the Town boundaries and that is why some drunk driving cases are presented in the town versus the city and vice versa. On the other hand IC (Ithaca College) only occupies Town land so all IC criminal cases are held in the Town of Ithaca Court. I like to break it down this way, highlands of Ithaca (aside from Cayuga Heights which has it's own Village Court) are Town of Ithaca, and the lowlands (the flats) are the City of Ithaca.

The Town of Ithaca Justice Court only holds Court are two main days/sessions, and is less busy than the City.

Check the bottom left hand part of your tickets/charges to see whether you have to appear at:

Tioga Street, which is the Town of Ithaca Court or

Clinton Street, which is the City of Ithaca Court.

Some important Ithaca Court information is below.

Takeaways: Typically the busier City Courts will handle cases faster than the Town and Village Justice Courts (they have more support staff, open more hours, more Court sessions). That is also balanced with a much heavier case load. More cases can sometimes mean you are not getting out any faster.

The City Judges are paid much more than the part time Town and Village Justices, and they work full time schedules. Because of this, the ability to re-schedule Court dates, and have hearings on different days of the week offers more flexibility as well.

City of Ithaca Court

118 E. Clinton Street 
Ithaca, NY 14850 
(607) 273-2263

City Judges are elected to 10 year terms.

Hon. Judith A. Rossiter/ Bio Link Below

http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7025414

Hon. James Kerrigan/ Bio Link Below

http://www.nycourtsystem.com/Applications/JudicialDirectory/Bio.php?ID=7030229

Handles all cases from the city, some Cornell University cases, and the lowlands of Ithaca (downtown, commons, Route 13, Meadow Street).

Parking: at Cayuga Garage (across from Holiday Inn), $1.00/hour.

Court located next to police station on 3^rd floor. Must go over footbridge to enter building. Do not bring hot liquids, such as coffee into the building.

Court has multiple sessions during the week, initial appearances generally scheduled on Wednesday mornings and some Friday mornings.

______________________________________________________________________________________________

Town of Ithaca Justice Court

215 North Tioga Street Ithaca, New York 14850 (607) 273-0493

Town Justices are elected to 4 year terms.

Justice David Klein holds Court on: Wednesdays at 4:00 pm

Linda Fetherbay, Court Clerk

Justice James A. Salk holds Court on: Thursdays at 9:00 am

Betty Poole, Court Clerk

Handles IC (Ithaca College cases, some Cornell University Cases, and highlands of Ithaca)

Parking in garage at Seneca and Tioga Streets, next to Post Office, must park on higher levels, $1.00/hour. Starbucks and Hilton are located across the street from the Courthouse.

DO NOT CONFUSE: Tompkins County Courthouse is down Tioga street one block North. _________________________________________________________________________________

Reclaiming Trafficked Egyptian Cultural Objects: US Seizure Laws and How to Make a Report to Customs and Border Protection

The Egyptian people have displayed admirable concern for cultural heritage by protecting museums and archaeological sites while courageously expressing their hope for self-determination. It is a credit to the people that the intact Egyptian Museum remains a centerpiece of news images coming from Tahrir Square.

There are naturally reports of theft, vandalism, and looting during this time of upheaval, prompting calls to international law enforcement to remain on the lookout for Egyptian antiquities illegally trafficked from the country.

Some have asked how United States authorities can seize Egyptian antiquities spotted crossing the American border. Others have asked how to report suspected illegal activity. Some answers are briefly provided here.

CBP Officer Herbert Kercado stands near
an illegally imported Egyptian sarcophagus
he discovered in Miami, Florida.
Photo courtesy CBP, March 2010.

US Customs and Border Protection (CPB) of the Department of Homeland Security is the front-line agency primarily responsible for the initial detention of contraband that arrives on American soil. Its officers, and other agents of Homeland Security--such as Immigration and Customs Enforcement (ICE) officers and ICE Homeland Security Investigations (HSI) officers--rely on federal rules that authorize the seizure of illegally imported cultural property. Some of these rules are described here.  Meanwhile, reports regarding import/export violations can be made to CPB as described below.

NSPA Seizure

Customs officers have authority to seize a stolen Egyptian antiquity under the National Stolen Property Act (NSPA) when:

• it is valued at $5000 or more,

• is known to have been stolen,

• is covered by Egypt’s patrimony Law No. 117 of 1983, amended by Law No. 3 of 2010, and

• is transported over the American border.

Under this scenario, authorities would rely on Titles 19 and 18 of the federal code in conjunction with the McClain/Schultz doctrine. Title 19 is the portion of federal law that contains the customs statutes, in particular the Tariff Act of 1930, 19 U.S.C. §1595a(c)(1)(A). Title 18 contains the criminal code, which includes the National Stolen Property Act (NSPA), 18 U.S.C. §2314. The McClain/Schultz doctrine, meanwhile, is a court defined rule that takes into account a foreign nation’s patrimony law. United States .v Schultz, 333 F.3d 393 (2nd Cir. 2003).

By way of explanation, the third element of the NSPA seizure rule depends on Egypt having a strong patrimony law. A federal court in the case of United States v. Schultz determined that Egyptian Law on the Protection of Antiquities (Law 117) is a patrimony law that asserts Egyptian public ownership of antiquities—as of 1983—and restricts private possession or ownership of cultural property. Law 117 was later strengthened by Law 3 in 2010, and this revision would not likely affect the Schultz court's conclusion.

There may also be a claim of forfeiture made under 18 U.S.C. § 981, applying to property “derived from proceeds traceable to a violation of” a statute such as the NSPA.

Stolen Egyptian artifacts may be seized by customs pursuant to an NSPA seizure, but artifacts can slip by. For example, an object that is extremely valuable to archaeologists as evidence of Egyptian’s history may be worth less than $5000, and determining whether an object is “stolen” can present a challenge.

CPIA Seizure

Other seizure authority may be found in Title 19’s Cultural Property Implementation Act (CPIA). The CPIA states that “[n]o article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution . . . which is stolen from such institution [after April 12, 1983] . . . may be imported into the United States.” 19 U.S.C. §2607. Items that were inventoried and then stolen from Egyptian museums, churches, monuments, etc. may therefore be seized and forfeited by customs officials under a CPIA seizure. 19 U.S. C. §2609. (Note that there may be a legal argument against this reasoning, however.)

A CPIA seizure of this kind is different from an NSPA seizure. The customs officer does not have to worry about whether an object is valued at $5000, for instance. The CPIA’s focus is on whether a cultural object is stolen from an institution or monument, whether it is part of a documented inventory, and whether it is considered to be cultural property. Cultural property is broadly defined as “property which, on religious or secular grounds, is specifically designated by each State [Party to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970] as being of importance for archaeology, prehistory, history, literature, art or science . . . .” Cultural property can include anything described in Article 1 of the 1970 UNESCO Convention, including rare fauna, paleontological artifacts, archaeological objects, dismembered historical monuments, and more. 19 U.S.C. §2601.

There are problems with CPIA seizures. For instance, cultural property that is freshly looted from the ground is not part of a documented inventory. Objects secretly dug up from Saqqara, Abusir, or other historic site in Egypt could slip through these seizure rules. Additionally, Egyptian government leaders might be reluctant to declare that thieves stole artifacts from their institutions or sites for political or security reasons, and US customs officials would not be expected enforce federal law under these circumstances.

ARPA Seizure

There is an argument to be made that seizure of Egyptian antiquities could also be made under the Archaeological Resources Protection Act (ARPA). Under 16 U.S.C. §470ee(c) and criminal seizure rules, archaeological resources could be seized if they were trafficked in foreign commerce in violation of state or local law. But a seizure of Egyptian antiquities under this statute can be complicated and perhaps legally uncertain. Indeed, it should be noted that this type of seizure is not listed as an option in customs agents’ Seized Asset Management and Enforcement Procedures Handbook. But it has been used successfully in the past, and ARPA search warrant procedures are taught at the Federal Law Enforcement Training Center. §470ee(c) was once used to seize and forfeit Etruscan pottery in NY that violated NY’s receiving stolen property law, for example.

Complementary Legislation

Existing cultural property seizure rules may not be enough to secure all illicit Egyptian cultural artifacts potentially coming across the border. If there is critical concern that cultural objects from Egyptian museums or archaeological sites have been stolen or looted, and if there is further concern that these objects are being trafficked outside Egypt, then US lawmakers should seriously contemplate adopting additional measures of protection. The passage of an Emergency Protection of Egyptian Cultural Antiquities Act, enacted pursuant to 19 U.S.C. § 2603 of the CPIA, could prove useful to a determined effort designed to tackle the problem. Such a law could more clearly focus the attention of law enforcement and the public on Egyptian cultural heritage at risk. It could also provide due process requirements while permitting the seizure of Egyptian cultural objects regardless of whether they were known to have been stolen from a cultural institution, looted from the ground, or had any monetary value.

Reporting Illegal Egyptian Cultural Property Imports

If you suspect that a cultural object from Egypt has been looted, stolen, or trafficked you should report it to US Customs and Border Protection. It is easy over the internet. Just fill out the secure form at https://apps.cbp.gov/eallegations/. You can also make a report by telephone by calling 1-800-BE-ALERT.

Understanding Federal Law Enforcement's Heritage Protection Efforts

The Archaeoligical Institute of America in August 2010 posted a description of how federal law enforcement approaches heritage protection. It describes in greater detail the interaction between the various laws described here and the federal agencies that enforce them. Read it at http://www.archaeological.org/news/advocacy/2564.

ICOM Preliminary Report Regarding Cultural Property in Egypt

The International Council of Museums has released a working document that attempts to summarize the condition of the Egyptian Museum in Cairo as well as several other important museums and cultural sites throughout the country. ICOM's report can be located on the web at:

http://icom.museum/fileadmin/user_upload/pdf/working_groups/110204_ICOM_preliminary_report_Egypt.pdf

ASPCA Lists the Top pet toxins for 2010

Here is the list:

Human medications are once again at the top of the list of pet toxins for 2010. Almost 25 percent of our calls concerned human medications accidentally ingested by pets. The most common culprits include over-the-counter medications (ibuprofen, acetaminophen), antidepressants and ADHD medications. 

Insecticides
About 20% of the calls to the APCC are about insecticides. Insecticides are commonly used on our pets for flea control and around our houses to control crawling and flying bugs. The most serious poisonings occurred when products not labeled for use in cats were applied to them. Always follow label directions.

Rodenticides 
Baits used to kill mice and rats are mostly grain based. Not only does this attract rodents, but it attracts dogs and cats. There are several different types of rodenticides that can cause seizures, internal bleeding or kidney failure. Always make sure these items are placed in areas that pets cannot access.

People Food
Xylitol, grapes, raisins, onions and garlic are commonly ingested by our pets. Grapes and raisins can cause kidney failure in dogs, while onions and garlic can cause anemia if enough is ingested. Xylitol, a sugar alcohol used to sweeten sugar free gums and mints, can cause low blood sugar and liver failure in dogs. 

Veterinary Medications
Many medications made for our pets are flavored for ease of giving. Unfortunately, that means that animals may ingest the entire bottle of medication if they find it tasty. Common chewable medications include arthritis and incontinence medications. Contact your veterinarian if your pet ingests more than his proper dose of medication.

Chocolate
Chocolate contains methylxanthines, which act as stimulants to our pets. The darker the chocolate, the more methylxanthines it contains. Methylxanthines can cause agitation, vomiting, diarrhea, high heart rate, muscle tremors, seizures and death.

Household Toxins
Cleaning supplies, such as bleach, acids, alkalis and other detergents, can cause corrosive injury to the mouth and stomach. Other household items such as batteries and liquid potpourri can cause similar problems. Always keep these toxins behind securely locked doors.

Plants
Both house plants and outdoor plants can be ingested by our pets. Lilies can cause life-threatening kidney failure in cats, while sago palms can cause liver failure in dogs and cats. Keep house plants and bouquets away from your pets.

Herbicides
Many herbicides have a salty taste, and our pets will commonly ingest them. Always follow label directions and keep pets off treated areas until they are dry.

Outdoor Toxins
Antifreeze, fertilizers and ice melts are all substances that animals can find outdoors. Keep these items in securely locked sheds or on high shelves where pets cannot get to them.

If you have any reason to suspect your pet has ingested something toxic, please contact your veterinarian or the Animal Poison Control Center’s 24-hour hotline at (888) 426-4435.

Conflicting Reports About Abusir: "Nothing Has Been Stolen" v. "Targeted By Thieves"

Starkly contrasting reports have been given about the condition of archaeological sites at Abusir. Abusir is home to a Fifth Dynasty royal necropolis containing over a dozen pyramids, including those of Sahure and Nefirirkare.

Zahi Hawass, newly appointed Minister for Archaeology, told Fox News today: “Everything is safe at the site of Abusir." “Nothing has been stolen from Abusir.”
(Source: www.foxnews.com/scitech/2011/01/31/egypts-treasures-saved-looters-vandals/#ixzz1CegBUuMY)

But Miroslav Barta, a leading archaeologist who conducted the first satellite mapping of the pyramid fields of Abusir, yesterday reported the following for Czech Position:
"Archeological objects in the pyramid field of Abusir uncovered by Czech expeditions over the last 50 years were also targeted by thieves. The extent of the damage caused will have to be examined later because organized gangs are operating in the desert both night and day. Although these gangs’ raids are haphazard, it’s almost certain that artifacts of immeasurable historical value have been destroyed or damaged." Professor Barta added that "[t]he information about the state of the monuments in the pyramid field came from Egyptian colleagues who had been shot at by gangs of raiders."
(Source: www.ceskapozice.cz/en/news/foreign-affairs/czech-egyptologist-ancient-egyptian-sites-damaged-during-unrest)

Meanwhile Nick Parker, Chief Foreign Correspondent at The Sun, today reported from Abusir that archaeology in the area had been hit by thieves.
(Source: www.thesun.co.uk/sol/homepage/news/3383389/SCHOLARS-fear-losing-Egypts-antiquities-as-museums-are-looted-in-revolt-against-tyrant.html)

The reports by Barta and Parker support information contained in an email posted earlier on this blog by Sarah H. Parcak, Assistant Professor at the Department of History and Anthropology at the University of Alabama at Birmingham. The email described archaeological damage at the Abusir site.

Understanding New York Upstate Court vs. Downstate Court