Thứ Sáu, 7 tháng 9, 2012

Jonathan Lippman is About To Be Voted In To the State Justice Institute

As anyone who lives in New York State and has had any case filed in the Courts knows, Chief Judge Jonathan Lippman runs the show...unfairly, arbitrarily, capriciously, and without concern for due process and Constitutional Rights. He has been sued many times, and the Plaintiffs always get dismissed or give up, because you cant sue Lippman and win.

This is the man who has been nominated by our President, Barack Obama, to be a member of the Board of the State Justice Institute. What a huge reckless error that is.

Betsy Combier 




U.S. Senators Expected to Vote on Lippman Any Day, before September 17, 2012

Jonathan Lippman, currently the Chief Judge of the New York State Court System, and Chief Judge of the NYS Court of Appeals, was nominated by President Barack Obama on May 23, 2012 to become a member of the 11-person Board of Directors of a little-known national organization called the State Justice Institute- a non-profit group located in Reston, Virginia.

According to its website, The State Justice Institute (the "SJI") was established by Federal Law in 1984 to award grants to improve the quality of justice in state courts, facilitate better coordination between State and Federal courts, and to foster innovate, efficient solutions to common issues faced by all courts. The SJI says that only they have the authority to "assist all State courts- criminal, civiil, juvenile, family, and appellate…"  Each of the 11 members of the SJI Board of Directors is nominated by the President, and that nomination must be confirmed by the United States Senate.

The U.S. Senate is expected to vote on the President's nomination of Judge Lippman anytime before the next SJI Board of Directors Meeting in Reno, Nevada on Monday, September 17, 2012, with the vote coming as early as Monday, September 10, 2012. The actual scheduling of the vote before the U.S. Senate is handled by U.S. Senator Harry Reid (202-224-3542 tel)  The U.S. Senate scheduling can be viewed at: www.democrts.senate.gov  -  http://democrats.senate.gov (see bottom of page)  -  http://democrats.senate.gov/2012/09/

BACKGROUND

As with all nominees, Judge Lippman was subject to an FBI background investigation.  While the FBI file is confidential, it has been confirmed that in early April, 2012, White House advisors were reviewing information and documentation contained in a story called "The Allegations of Jonathan Lippman's $40 Million Dollar Fraud."  A New York based anti-court-corruption group,Ethics Rouser, had been made aware of the fact that staff from within The White House had been reviewing the material about the President's nominee, Lippman.  In fact, a staffer close to the President of the United States, and from within The White House, conducted a simple 'google' search using the words, "Jonathan Lippman boondoggle."  It was that search that led the staffer to a Wall Street Journal article, "When our Trusted Officials Lie" and, "The Allegations of Jonathan Lippman's $40 Million Dollar Fraud" - where evidence that had been previously relayed to the New York office of the FBI had been posted.  CLICK HERE to see the article, "White House 'Criminal Leaks' Explained."  

CLICK HERE to see the letter sent to the NY FBI
CLICK HERE to see the related documents

On Thursday, May 24, 2012, The New York Law Journal published an article by John Caher (jcaher@alm.com) about President O'Bama's nomination of Judge Lippman, "Lippman Nominated to Board Position of State Judicial Institute." The article quotes SJI Executive Director Jonathan Mattiello as saying that Judge Lippman, "has a great reputation in the sate court community" and brings both "administrative and judicial experience…"

 

CLICK BELOW TO SEE RELATED LINKS:

Article, "Chief Judge Jonathan Lippman Must Step Aside Pending FBI Probe"

The letter sent to the NY FBI regarding Lippman

The evidence presented to the NY FBI regarding Judge Lippman

The State Justice Institute website (www.sji.gov)

The SJI announcement of Judge Lippman's nomination 

The New York Law Journal article, "Lippman Nominated to Board Position of State Judicial Institute"

The White House Press Release Regarding Nomination of Judge Lippman

May 24, 2012 Reuters article about the nomination, "Chief Judge nominated for seat on State Justice Institute"

The Journal News May 23, 2012 post by Jon Campbell

The U.S. Senate Committee on the Judiciary (List of SJI members)

The U.S. Senate Committee on the Judiciary (SJI nominations)

The U.S. Senate Democrats schedule for votes

From Expose Corrupt Courts:

Chief Judge Lippman Must Step Aside Pending FBI Probe
ExposeCorruptCourts.blogspot.com - March 1, 2011

The Assistant Director in Charge of the FBI in Manhattan, Janice K. Fedarcyk, has been asked for a "follow-up meeting" in the alleged $40 Million Dollar Fraud involving New York's top judge, Jonathan Lippman. Appellate Division Associate Justice, Charles Ramos, and Chief Administrative Judge Ann Pfau are also named in the allegations that highlight the widespread illegal "money-grab" in and around New York's legal system. The correspondence also formally requests that New York Governor, Andrew M. Cuomo, appoint a Special Counsel to investigate Judge Lippman's involvement in the $40 Million Dollar Scam, along with "other criminal acts [involving Judge Lippman] to be supposedly presented... before March 10, 2011..." The heavily redacted correspondence also brings to the top FBI official in Manhattan, Ms. Fedarcyk, the well-known, and sadly accepted, fact that New York State's "'ethics' oversight structure is itself corrupt" and in desperate need of a massive cleansing.

One former New York State Court employee who read the correspondence, and who asked not to be named, said that, "The entire New York State Court system needs an overhaul- an enema, if you will. I would conservatively estimate financial fraud and mismanagement at about $250 Million in the OCA $3 Billion enterprise. When I was around courthouse budget talks, we actually had trouble coming up with things to waste money on because if you didn't act like you needed more money, your courthouse budget might actually NOT get an increase- and that's a no-no..."



****************RELATED BACKGROUND STORY:


Robert Tembeckjian, $40,000,000.00 and Misprison of Felony

An involved attorney brought to our attention the apparent inaction by the Commission on Judicial Conduct (“CJC”) involving the actions of a Supreme Court Judge and $40 Million Dollars. The involved attorney still questions the inaction of current CJC Chief Counsel, Robert Tembeckjian. The attorney often wonders about Mr. Tembeckjian and the CJC's, at a minimum, failure to act, "A gross failure to act... misprision of a felony, in my mind."

Misprision is a crime of omission and the U.S. Code describes Misprision of Felony as follows: "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

In July of 2007, a complaint was made concerning New York State Supreme Court Justice Charles E. Ramos who had received a "waiver" of the Rules Governing Judicial Conduct from the then-Chief Administrative Judge based upon information he (Ramos) provided in writing. The “waiver” pre-approved Judge Ramos to be co-executor of two estates of a couple who were alive and, importantly, over their various trusts.

The Ramos Waiver Request Was Not Truthful

The highly unusual "waiver" of the State Judicial Rules was given by the then-Chief Administrative Judge on May 7, 2003, about a year prior to the jurist's involvement in the 2004 "corporate greed" lawsuit filed by the New York State Attorney General involving the New York Stock Exchange, former Exchange Chairman Richard Grasso and then-NYSE director Kenneth G. Langone, a co-founder of Home Depot.

The May 7, 2003 dated letter from the Administrative Judge allowed Judge Ramos "to be named and to serve as a co-executor and trustee under the Wills of Ruth and Herb Weissberg.” On May 7, 2003, however, Ruth and Herb were very much alive. And though Herbert Weissberg would die about 2 months later, on July 3, 2003, it was confirmed that Herb had had a stroke and couldn’t speak due to dementia and aphasia, for well over one year prior to his death. While the then-Chief Administrator’s letter reiterates Justice Ramos' contention- possibly as a backside-covering document, or simply as a courtesy to a fellow jurist- that he "had a longstanding relationship of trust and confidence with the Weissbergs going back 36 years," there is no mention as to why the original March 24, 2002 dated Will did not name Charles E. Ramos as an executor or trustee but, instead, the Last Will named trusted accountant Andrew Rubin and long-time friend attorney Paul Herman as co-executors. It was only by virtue of a subsequent Codicil by the long-incapacitated and dying Herbert Weissberg that Andrew Rubin and Paul Herman were removed as named co-fiduciaries, and replaced with Judge Ramos and the frail, soon-to-be-widow, Ruth Weissberg as the new named co-fiduciaries.

Troubling Beginnings

After graduating Fordham law school, Judge Ramos joined the law office of Benedict Ginsberg in the late 1960’s. After reportedly running that law firm in the early 1980’s, Judge Ramos was appointed to the New York Civil Court by a mayoral committee. As a Civil Court judge and, from 1988 through 1993, an acting Supreme Court justice, Ramos joined several other judges in publicly criticizing the screening panels that chose Democratic candidates for Manhattan judgeships, claiming they trumped law with politics. In 1992, and after having just lost a run for the Supreme Court, he criticized the selection process in a letter to the New York Law Journal, accusing "those who have accumulated and hold on to political power" of ignoring Hispanic candidates for the bench. It is reported that the interview with the committee to approve his being a judge was an act of “going through the motions,” as the decision had already been made by the party bosses. During that interview, candidate Ramos was asked if it was true that he had once represented a client, and proceeded through a full trial with that client, without informing his adversaries or the sitting judge that his client was, in fact, his (Ramos’) wife. Candidate Ramos reportedly replied, laughingly, “Yes, guilty as charged.”

New Information, No Laughing Matter

Various interviews with sources in New York and New Jersey, and who asked not to be identified, have now confirmed that Herb could barely say “yes” or “no” and was in a fetal position during the last year of his life. All of the nearly two dozen people interviewed for this article, and who knew the Weissberg family for decades, were surprised, if not shocked, to hear that Judge Ramos had presented himself as a long time "dear friend" of Herbert Weissberg. “It’s a lie,” said one 80-year-old friend of Herb’s who says he has known the Weissberg family for 50 years. It also appears that other plans to wrestle control of Herb's millions were in the works. It is also alleged that in October of 2001, Herbert Weissberg’s attorney, Paul Herman, went to the hospital to visit Herb, who was at that time extremely ill and unable to speak due to dementia and aphasia. While it cannot be determined exactly how many documents, purportedly signed by Herbert Weissberg, emerged from that hospital visit, or exactly from whom, what is certain is that Herb’s signature varies significantly from one writing to another on papers with the exact same date. Also, and falling under the caption of "sloppy frauds," is one document supposedly prepared by Herb and which misspells the word “Gramercy” – as in the Gramercy Park Hotel- the place Herbert Weissberg had run for decades.

Do People with Dementia & Aphasia Initiate Complex Estate Changes?

It appears that out of thin air, but with a judicial waiver in hand, Judge Ramos then appeared and became a paid trustee. The question remains that if Judge Ramos was such “a close, personal friend of the family” and as presented to the then-Administrative Judge who had to “sign-off” on the waiver, then Judge Ramos surely would have known that Herb Weissberg had been very ill, could barely scribble a signature, and could not communicate or understand anything complex- all long before the codicil giving him (Ramos) so much was even drafted.

Lack of Oversight Breeds Other Brazen Judicial Acts

In 2008, a New York Daily News EDITORIAL, "Charles Ramos in no state to rule on Citigroup, Wells Fargo and Wachovia (October 7, 2008) provided more insight into the unchecked state of the judicial process in New York:

It is an understatement to say that the stakes are astronomical in the battle between Citigroup and Wells Fargo for control of Wachovia bank. The fight involves billions of dollars and is the latest front in the U.S. effort to keep banks from going under. Predictably, the tug of war ended up in court - where depositors, shareholders, employees and taxpayers deserved the highest level of judicial attention. But that's not what they got - not even close. While the whole world was watching, the New York State courts, in the person of Manhattan Supreme Court Justice Charles Ramos, conducted half-baked proceedings and issued a back-of-the-envelope ruling that was summarily tossed within 24 hours. Ramos should be embarrassed - as should the judges who are responsible for making sure that the city's courts, particularly those in Manhattan, are prepared to handle major commercial disputes. The background is that Citigroup, working with the federal government, thought it had reached a deal to acquire Wachovia. But on Friday, Wells Fargo and Wachovia announced that they had struck a different takeover arrangement. Claiming breach of contract under New York law, Citigroup rushed on Saturday to seek a court order barring Wells Fargo and Wachovia from consummating their deal until a judge sorted out the issues. But New York's courts are closed on Saturdays - and they don't keep a commercial judge on call. That left the lawyers to find one on their own. They came up with Ramos, tracking him down at at his home in Cornwall, Conn. (By the description in The New York Times, the house is a stately white Georgian place, unlike the address from which Ramos votes in upper Manhattan.) Now, things got sloppy. Ramos had only the lawyers from one side before him. He got other attorneys on the telephone. But Ramos' house wasn't equipped to run a conference call. He had to talk with one lawyer, relay what was said and relay a response, and so on. There was no court reporter to record what was said. After a couple of hours, Ramos issued a handwritten order freezing the Wells/Wachovia deal. But on Sunday, Manhattan Appellate Division Justice James McGuire chucked the whole megillah. He ruled that 1) Ramos didn't have the power to issue an order when he was out of state; 2) Ramos didn't have lawyers for both sides present, and 3) Ramos was just too fuzzy in the way he wrote his decision. McGuire's rebuke of a fellow judge who overlooked the basics that his authority stopped at the border and that all sides must be fully represented was fittingly stern. New York, the center of world commerce, deserved far better from its courts.

Being Fair to Robert Tembeckjian and the CJC

In fairness to Mr. Tembeckjian and the Commission on Judicial Conduct, it is possible that the Ramos/Weissberg complaint simply disappeared and never made its way to the proper individuals who would be involved in any Ramos investigation process. The magical disappearance of certain complaints have been known to occur at most “ethics” committees around the state- acts orchestrated by well-placed cogs who have access, and the motivation, to make complaints against favored-people simply vanish. It is widely believed that this practice (of white-washing or causing the disappearance of complaints) has been largely perfected over the last twenty years.

So, Mr. Tembeckjian and the CJC, now you have the issues and, importantly, the filed documents that raise and support very troubling issues.


The Fraud and Cover-up of Wastchester D.A. Janet Di Fiore and Dennis Glazer

ASSISTANT DISTRICT ATTORNEY INVOLVED IN PEDOPHILIA ACTIVITIES

Mount Vernon Exposed

LINK

 

CORRUPT D.A.
JANET DIFIORE

The fraud and cover up committed by Westchester County District Attorney Janet DiFiore and Dennis Glazer is the biggest political scandal since Richard Nixon’s “Watergate”.  The fraud and subsequent cover up was made possible by a few players who have pilfered Westchester County of tens of millions of dollars over the last two decades.  The players are Janet DiFiore, Terrence Raynor, Diane Atkins, Valerie Woodbine-Raynor, and Philippe Gille.  The players, professionally trained criminals, all have skeletons in their closet, so therefore they are beholden to the powers that be because they fear their dirty little secrets will come to light.  Mount Vernon Exposed will bring these secrets to light.

In our last article on Phil Gille, we revealed the fact that Gille is a member of N.A.M.B.L.A. or the North American Man Boy Lovers Association.  Ed Fagan, another Astorino appointee, is also a member and a known pedophile.  Fagan is Gille’s partner in crime and was named along with Gille as “persons of interest” in the murder of a 12 year old boy from Yonkers that showed signed of severe sexual abuse when his corpse was discovered by investigators. 

Mount Vernon Exposed just recently learned that from sources deemed reliable, that there are several investigators and assistant district attorneys in Janet DiFiore’s office that are also part of N.A.M.B.L.A...  Mount Vernon Exposed has learned that Paul Stein, Bureau Chief of the Yonkers Branch, is a full-fledged N.A.M.B.L.A. member.  Stein has been seen at N.A.M.B.L.A. meetings with Gille and Fagan.  Sources have alleged that Stein, Gille, and Fagan have engaged in weekend long orgies at a house in the Hamptons controlled by Gille.  This is just the tip of the iceberg of the criminality that continues to come from DiFiore’s office.  Her top cop, Terrence Raynor, was recently sued for defrauding taxpayers out of over $30K by claiming S.T.A.R. exemptions on two different properties at the same time.

Pedo "Phil" Gille
Stein also took the oath “In the Anus we trust” when he decided to join the pedophilia activities of Fagan and Gille.  Just recently, one of Gille’s young boy lovers named Omar Rueda was charged with assaulting his girlfriend.  According to sources, Rueda told Gille that unless he helped him and made the domestic violence matter go away, he would expose and tell authorities about Gille’s rape, abuse, and molestation of Rueda and other young boys. 

Gille then allegedly retained Pauline Galvin, a politically connected attorney with ties to disgraced former State Senator Nick Spano who is currently in jail on tax evasion charges.  Gille was in court front and center for each and every court appearance to ensure that his lover boy Omar didn’t squeal and tell the bedroom secrets of Gille.  Sources have reported that Gille has a dungeon in the basement of his house complete with bondage chains and leather outfits. 

After retaining Galvin to represent his boy lover, Gille then turned to fellow N.A.M.B.L.A. member Paul Stein to make the case go away.  Sources have told Mount Vernon Exposed that Stein is closely watching the matter and has an offer on the table for “Rueda” that “cannot be refused.  Stein’s offer will ensure that Gille is protected from prosecution and can continue his assault on the anuses of young boys.  Stein must also be brought to justice for his pedophilia activities.  Sources have told Mount Vernon Exposed that Stein is frequently sent pictures of naked young boys to his cellphone from Gille, Fagan, and other N.A.M.B.L.A. members. 

In the 1990’s former District Attorney Jeanine Pirro was investigating Gille about his pedophilia activities.  Pirro interviewed one young man named Michael Tomanelli about Gille’s pedophilia activities.  Tomanelli kept his mouth shut and as a result, was rewarded with a job in the Westchester Park’s Department where he is still employed today.  How much will taxpayers continue to pay because of Gille’s pedophilia activities?  To be continued……..

Thứ Năm, 6 tháng 9, 2012

The Return of Cultural Objects: A Symposium


DePaul's Center for Art, Museum, & Cultural Heritage Law will present
a symposium that addresses the legal, ethical, and moral issues
surrounding the repatriation and restitution of cultural objects.

The keynote address will be given by Lynn Nicholas,
author of The Rape of Europa.

The program will take place

October 29, 2012

DePaul University College of Law
DePaul Center
1 East Jackson Boulevard
Room 8005
Chicago, IL

Lawyers attending may receive six CLE credits.

Online registration is available here.
Questions about the conference may be directed here.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at http://culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. CONTACT: www.culturalheritagelawyer.com

Thứ Ba, 4 tháng 9, 2012

Rigorous Due Diligence: Tax and Appraisal Forms May Supply Important Information to Museums Regarding Antiquities

Object donated to the Walters Art Museum.
Source: AAMD Object Directory

Donated cultural artifacts listed in the annual reports of museums or on the Association of Art Museum Directors (AAMD) Object Registry do not always report the same information that the Internal Revenue Service (IRS) demands when a donor files for the tax deduction offered.  Sometimes the gift of a cultural object is made by a donor to his or her nonprofit foundation first and then to a qualified nonprofit museum, and sometimes the gift is made by the donor directly to the museum.  In either situation, there should be appraisal and tax records available upon request to a museum, which can examine these sources of information when conducting a rigorous due diligence collecting history investigation to determine whether to accession the cultural artifact.

IRS Publication 526 discusses charitable contributions in general and explains how donating property such as art and antiquities to a qualified organization can provide an income tax deduction to the donor.  A donor may also steer clear of capital gains taxes on appreciated assets by donating antiquities.

IRS Publication 561 discusses paintings, antiques, and other art objects.  Any antiquities that are worth $5001 or more "should be supported by a written appraisal from a qualified and reputable source." An appraisal is mandatory for any cultural object valued at $20,000 or more. The IRS writes, "If you claim a deduction of $20,000 or more for donations of art, you must attach a complete copy of the signed appraisal to your return. For individual objects valued at $20,000 or more, a photograph of a size and quality fully showing the object, preferably an 8 x 10 inch color photograph or a color transparency no smaller than 4 x 5 inches, must be provided upon request." The determination of authenticity for tax purposes is made by a qualified appraiser.

The IRS gives examples of what information should be included in a description of donated property, including:
  • the name of the artist or culture,
  • the approximate date of creation,
  • the cost of acquisition,
  • the date of acquisition,
  • the manner of acquisition,
  • a history of the item,
  • proof of authenticity, and
  • the facts on which the appraisal was based.
The donation information is placed by the donor on IRS Form 8283, submitted with the donor's regular income tax form.

These appraisal and tax forms may supply important authenticity and collecting history information to a museum's provenance curator or other official as a museum determines whether to accept the gift of an antiquity from a donor.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at http://culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. CONTACT: www.culturalheritagelawyer.com

Chủ Nhật, 2 tháng 9, 2012

Medical Conditions that Can Cause a New York Driver License Suspension



As a New York Defense attorney (and Doctor of Chiropractic) who focuses his practice on cars and drugs I deal with the DMV a lot. They have their own set of rules, procedures, and regulations which must be followed. Some of it unfortunately is highly subjective.

Everyone Has One, an Opinion

Medical and legal opinions are often just that "opinions." I love medico-legal issues because they are contestable. They are subject to change on a person by person basis or a case by case basis. Give two doctors or two lawyers the same set of facts and guidelines, and you may have more than two opinions. If we could all agree on everything we would have no need for hearings, trials, judges, and juries. These medical opinions have weight based upon the facts in back of them (tests performed, your medical history, medical testing, differential diagnosis, prognosis, treatment, medical stability, etc.) Reasonable, balanced, and rational medical opinions have more weight on the scale. Have greater credence (credibility) and therefore integrity (completeness).

The Importance of WEIGHT: Proof in an Administrative License Suspensions

First thing you must be aware of is that the NYS DMV is an administration. It is not a court of law. The level of proof necessary to award or to lose a license to drive is slightly better than the civil standard of "preponderance of the evidence." Meaning, just a slight tilt to one side of the scales of justice will win or lose the day. This is why the weight of any opinion or opinions is so vitally important. How and what information is presented to the DMV, it's examiners, and medical review unit can affect your driving privileges.

Conditions that Can Affect Your License Privileges

Remember that the mere diagnosis of a disease or condition is NOT the most important aspect but rather how that condition is affecting (impacting) your ABILITY to drive. This is called your Fitness to Drive. 

Regardless of your diagnosis, are YOUR Medical Conditions OR functional impairments causing you to be an UNsafe driver? Are you fit to drive physically and mentally?



How can Your Driving Privileges be Placed up for Review?


ONE (first timers and renewers) 

Those drivers filling out NYS DMV form MV44 for First time license application or Renewal of NYS driver's license are asked specific questions regarding your medical history.


The original driver’s license application asks:

“Have you had, or are you being treated for any of the following, or has a previous
disability worsened? If ‘Yes,’ check all that apply.”

·  Convulsive disorder, epilepsy, fainting or dizzy spells, or any condition which
causes unconsciousness.  
·  Heart ailment.
·  Hearing impairment.
·  Lost use of leg, arm, foot, hand, or eye.
·  Other.

The renewal driver’s license applicationasks the same question, but alsoasks whether any of these conditionshave been experienced or have worsened since you received your last license?

Word definitions and reading comprehension are KEY HERE: That "Causes" Unconsciousness, treated for, or worsened.

TWO (the accident prone)

Drivers with too many accidents. It does not matter who is "at fault" for these accidents. The DMV does not investigate that (cause/fault) but will record all of them on your DMV driving history. Three strikes and you are out in baseball and with the DMV. 

Three accidents in nine months is an automatic RE-examination. This consists of a vision test, a written test, and a road test.

THREE (family, friends, police, drs report you)

Reports: The DMV receives information about your medical conditions from:

  • accident reports, 
  • doctors reports, 
  • police reports, or 
  • reports your family, or 
  • from someone (concerned citizen) who knows you.  

Any of these people may feel you pose a safety risk to yourself and others by continuing to drive. And place your privileges subject to a REVIEW.

Judging Conditions Affect on Functional Ability

Judging someone's Functional Ability to Drive as I stated earlier can be Subjective but for a general guide (every case is different) I have gone over some common conditions below:

1. Diabetes (aka high blood sugar): If unregulated and unstable can cause coma, unconsciousness, and loss of functional ability to drive. Diabetics with peripheral neuropathy can lose feeling in the feet and legs as well. 

Questions: Are you stable? With or without insulin stimulating agent or insulin, or diet?
Severe, Unstable, Insulin dependent = NO driving

2. Cardio-Vascular Conditions: Angina, Class III or Class IV Unstable arrhythmia (problem with the heart rate or rhythm), Hypertension (high blood pressure). 

Questions: Are you fully recovered and stable? Class IV arrhythmia with loss of consciousness and uncontrolled HTN (hypertension) = NO driving

3. Pulmonary Conditions: Symptoms on activity, on steroids, stable with o2.

Questions: Do you have Severe dyspnea (shortness of breath/labored or difficult to breath), syncope (fainting/loss of consciousness) = NO driving

4. Neurologic Conditions: Neuropathy, radiculopathy, CTS (carpal tunnel syndrome), peripheral neuropathy, etc.

Neurological impairment that greatly affects safety = NO driving

5. Learning Memory, Psychiatric, Emotional Conditions: difficulty with thinking, judgment, adjustment, risk assessment

Questions: Are you severely impaire and have poor judgment = NO driving
Do you have an active condition with risk = NO driving

6. Alcohol and Other Drugs: Chronic use of alcohol and/or drugs

Question: History of ongoing dependency on drugs and/or alcohol = NO driving

7. Musculoskeletal Conditions: Loss of function, impairment, debility

Question: Do you have a chronic condition that makes you unsafe = NO driving

8. Alertness or Sleep Disorder: Sleep apnea, narcolepsy, unstable, severe problem

Question: Have doctors diagnosed you and found that medication and/or treatment for your condition was unsuccessful? = NO driving

9. Hearing and Balance Conditions: recurring problems, untreated, dizziness, spinning sensation

Question: Do you have a chronic severe and unstable balance problem? = NO driving


10. Epilepsy/Episodic Condition: seizures, recurrence rate

Question: Do you have uncontrolled seizures or interfering (with your ability) medications?
= NO driving 

As you can see the list of diseases and potential conditions that can cause a license suspension are extensive. A review of your medical records, history, and documentation may be in order to see if something (disease, condition, disorder) has been mischaracterized by your healthcare providers. Sometimes it all a matter of clearing things up, demonstrating stability, and having testing/review to prove your ability.


         Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184




Out of State License Holders with Delaware DMV, and New York DWI



The world is not so simple a place as it used to be. Homeland security, iphones, internet, and a culture of continual, fast change. People move all the time. Re-location is a given. You start in NY and wind up in California. You begin as an accountant, and then manage a rock band.

Multiples and Changes

In my life, my wife has a CPA, and a Nursing degree, I have a Doctor of Chiropractic, a Post Graduate in Acupuncture, and a law degree. I also have licensure in four states (NJ, PA, NY, and FL). We have lived, worked, and practiced in all these places. I am not telling you this to brag, believe me life would be far easier (less hectic) without all this change. But we believe (as many) that keeping it moving is exciting.

You could stay single, not have kids, keep one job or profession, buy one house, never move, never travel, and you would be very stable and safe but that (to me) sounds boring. All the moving about and changing does require planning and strategy. Moving state to state requires changing over licenses, titles, schools, and paperwork it can all be a confusing and dangerous mess.

Being Good at Change

What my wife and I are good at is moving. Even with four kids in tow, we can pack up a house in a matter of weeks. We can completely organize and facilitate change at the drop of a hat.

So what does all this have to do with today's blog? 

I have clients with
New York problems but holding out of state licenses. Many people never change their cell phone numbers, and sometimes do not change their driver's licenses either. It is not uncommon to meet people with car plates from one state, a license from another state, and a "permanent" home someplace else. People move about and rent but ultimately they still feel they live (reside) back home.

Because whether or not they hold license in another jurisdiction, I usually have to deal administratively (license) with their cases whether they are facing violations and/or criminal misdemeanors. Dealing properly and completely with DMVs in multiple states becomes a necessity.

The Horse's Mouth

The old expression hearing directly from the Horse's Mouth could not be any more true than dealing with the DMV (any DMV). Their rules may be confusing, convoluted, and frustrating. Which thing has reciprocity, which thing needs to come first, what do we need to do, when do we need to do it? Many questions that will integrate with multiple state agencies. A great big OMG!

Throw in criminal issues with a court of law, and you have a recipe for disaster. A disaster me and my clients wish to avoid at all costs. If you do the wrong thing at the wrong time it can cost you your privilege to drive. Remembering it is, in fact, a privilege, NOT a right to drive as many carelessly assume. Because of all of that, the administrative proofs, hearings, and paperwork can be murky waters.

I do best contacting the DMV directly. Asking the right questions goes beyond their state and may include how they will interact with New York State.

NYS DWI with a DE Driver's License

I recently had been retained by a girl from Delaware. First, I am not licensed in Delaware. I do not know or am I going to counsel in Delaware law. But I do have a NYS DWI to contend with with NYS DMV license issues, and since my client has a DE license it is important to know what DE DMV is going to do.

Three things to integrate and fix:

1. NYS court problems
2. NYS Department Motor Vehicles problems
3. DE Division of Motor Vehicles problems (we have a Department while they have a Division)
Maybe you need a Dept. to deal with 20 million people vs. 650,000?

NYS suspends NYS privileges. NYS Court requires drug/alcohol evaluation. NYS DMV will require NYS DDP (drinking driver program). NYS court may want VIP (victim impact panel). What about Delaware DMV? Delaware driving privileges? Delaware conditional license for work/school?

I first call multiple DE DUI lawyers, NO help this time. They are as confused as I am, not a good place to be. So I call the DE DMV, they turn out to be wonderful and helpful.

NOW DE DMV has a license suspension on first time DWI (anywhere) with NO conditional privileges. BUT I find out that my client can "self admit" to their 3 month drinking driver program. My client can begin to do this before even NYS Court is done. The DE program will probably be accepted by NYS and the NYS DMV (as in reciprocity).

My client can in fact kill two birds (two DMVs) with merely one stone. A win-win all the way around. What if we did not coordinate the timing of events in NYS Court? What if we did not discover all this vital information early in the game? What if we did not do the DE program till after?

Potential Consequences of NOT Knowing

License suspension with NO conditional (for work) privileges. Believe me it is NOT good to be without your own car. Perhaps conditions (evaluation and program) to meet requirements for NYS court and the NYS DMV after a return to DE that could have been accomplished during the interim.

Disclaimer: Always check with your own state DMV and/or local counsel to discover what you need to do to fulfill their requirements for re-licensure. Do not guess, or wing it.

Here is the DE DMV site links

http://www.dmv.de.gov/services/driver_services/driving_courses/dr_crs_alcohol.shtml

http://www.dmv.de.gov/services/driver_services/faqs/dr_faq_di.shtml


         Lawrence (Larry) Newman, D.C., J.D.
Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184





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