Animal Law Coalition of Rensselaer County abolished.

At a March meeting the Rensselaer County Legislature voted 19-0 to abolish the Animal Coalition of Rensselaer County. The coalition was created in 2007 with support from former District Attorney Patricia DeAngelis and was intended to assist and educate local law enforcement and the public with regards to animal cruelty investigations.

Apparently, the abolishment of the coalition came about due to concerns from Rensselaer County farmers fearing harassment by members of the coalition. In a March 14, 2011 Times Union article, Legislative Majority Leader Kenneth Herrington, himself a dairy farmer, was quoted as stating “it was a real concern for where [the coalition members] were headed for the farm community.” Other concerns cited by the Legislature were “mission creep”, liability fears and the portrayal of coalition members as investigators.

In a series of recent editorials published in the Troy Record, former coalition members have shot back at the Legislature and claim that the resolution which formed the coalition authorized coalition members to act as animal cruelty investigators and that the coalition never exceeded the limits of its charter. Additionally, the coalition members propound that they were welcomed with open arms by the Troy Police Department as a resource for cruelty investigations. The former members also express their continuing concern for the wellbeing of animals in Rensselaer County now that the coalition is disbanded.

Ithaca Cortland DWI Lawyer Explains Police Investigation Phases

Testing for sobriety has been around for many decades but "standardized" testing began in earnest in the 1970's. Dr. Marcelline Burns was commissioned to come up a battery of easily applied tests that could quickly and accurately gauge a motorist's sobriety at roadside. The final battery of three DWI tests she and her research team came up with are:

1. The walk and turn
2. The one leg stand
3. The horizontal gaze nystagmus test

They MUST be administered in a STANDARDIZED manner.

Standardized means testing done the exact same way every time.
Standardized means using specific criteria.
Standardized means using standardized instructions.
Standardized means specific scoring.

These are still the same exact sobriety tests for the past 35 years.  They are used in all 50 states. They have to applied, administered, instructed, directed, and scored in a specific manner, hence the term STANDARDIZED. Have I made it clear yet that the police can't willy nilly say do 10 steps instead of 9 steps or hold this position for 40 seconds instead of 30 seconds. The criteria are specific.

As to officer training, the SFST manual states:

"Upon completion of the training the candidate must demonstrate the ability to administer the SFST's in the approved sequence and appropriately document and interpret the results."

Why Must We Have Proper Police Administration?

"It is necessary to emphasize this validation applies only when the tests are administered in the prescribed standardized manner. The standardized clues are used to assess the suspects performance, the standardized criteria are employed to interpret that performance. IF any one of the standardized field sobriety test elements is changed the validity is compromised."
(P.VIII-19, SFST student manual, HS 178 R9/04).

Validity is COMPROMISED!  So the tests become invalid and hence the results from the tests invalid.
So maybe we really have sobriety, a sober person because the tester did not follow protocols?

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

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com

Three Good Reasons to Hire a New York Traffic Ticket Lawyer

With any defense of a ticket (charge) there are always potential: Factual challenges (did this happen) and Legal challenges (did the government act outside of their authority).

Requested (demanded) a supporting deposition. 

This is a sworn statement by the officer, trooper, or deputy that states under oath the probable cause for the citation. They (the Court/law enforcement) must supply one (upon a written demand) within 30 days time or you can motion the Court for a complete dismissal of the charges. This could be a KEY Legal Challenge.

Law Practice (and many other professions) is both an Art and a Science

Trust me when I tell you I have tried to save people time and money by having them do it themselves and they invariably mess it up. I recently had a professor go into Court (by himself) on a simple traffic ticket. I gave him some free advice. I don't know if it was his attitude or something else but he could not "close" the Judge. Judges have to agree along with DAs to reductions (changes). He then turned around and blamed me.

In other words, he went in like I told him, I guess he said what I told him? but I don't know if he came across cocky or arrogant but he couldn't get anything reduced or changed. Yes, often a familiar and trusted (or at least respected) legal face can get done what you cannot. That's why I hate giving Free Advice.

Persuasion is less the words than the form. Just Saying I love You, and being sincere (and meaning it) are two entirely different things. Convincing a Judge and/or a Jury is much more than words. Sometimes the plumber or contractor can turn the wrench one less turn or add something (from their experience) that you cannot, that is the way of the world, not always fair but often true. DIY law is a play at your own risk game.

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

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

http://www.ithacadwi.com

New York Lawyer Answers Why Get a Certificate of Relief from Disabilities

Cortland Ithaca DWI Standard Field Sobriety Tests

Ithaca Cortland DWI Lawyer Challenges the HGN Eye Test

HGN is a standardized test. The horizontal gaze nystagmus must be properly given. The rules for giving all three of the standardized tests must be followed specifically. Sloppy, lazy, or haphazard police investigations can lead to Unfair and Unjust arrests for DWI.

Ithaca Cortland DWI Lawyer Challenges the Walk and Turn Test