Legally Never Place The Cart Before the Horse or Why Patience is a Virtue?

I deal with people. People are impatient as a general rule. They want everything to be done at once. Simultaneously they want everything rectified, fixed, certified, and finalized. The problem is life, the courts, and the NYS DMV don't work that way.

There is an order, often a procedure or procedures, and a process. What might of happened in a brief moment may take months to correct. A simple violation compounded by time, and perhaps further infractions (offenses) may take a bit of effort to unravel.

Compounding this, People's memories are at times "selective," and they have chosen (consciously or unconsciously) to forget about some past mistakes. Whether in the form of unpaid fines, unanswered mail, or unattended hearings... All these "uns" can add up and believe me when I tell you that the DMV clerks, the Court clerks, and the state of New York is not going to forget about you.

So each and every legal problem or issue goes through a process. Step by step we must first:

#1 What the issues are? 

What is outstanding? What is needed? Who wants something? What do they want or require? This requires investigation and discovery (uncovering your past perhaps).

#2 What are the options? 

There may be choices. There may be different ways to accomplish the same result.

#3 How fast or soon or quickly can I have a resolution? 

Closure has great value and fast closure is priceless. I recognize this. Sometimes cheap is dear. Paying the least expensive lawyer may get the job done BUT When? I know lawyers with hundreds of open files. Do you want to join their list? Be my guest. I have taken over cases/situations that had lingered for years (like open sores). Brag that you found a lawyer for $99, and then watch what happens, nothing! At those fees your case may be out sourced to India or China, only kidding but you get my point.

Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

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

IthacaDwi.com

What is a "Serious" Traffic Violation in New York? WHY Not all Violations are Created Equal.

I am often asked to represent motorists who have been charged with traffic violations. Some of these violations are classified by the State of New York as "Serious" while others are not. The significance of this classification is that if you get convicted of only two of these "serious" violations within a three year time period, and hold a CDL (Commercial Driver's License) your license will be suspended for sixty days. If you are on probationary license (new license privilege or recently returned privilege) then any TWO moving violations will result in a 60 day suspension but any ONE serious offenses will get you suspended for 60 days.

The fact is much like the diversity of crimes violations are ranked from the moving to the non-moving, from high points and fines to no points and no fines, and finally from the serious to the not so serious. Judges and Prosecutors also have their own perspective (opinion) of what they consider to be serious.

Some Courts allow NO plea bargaining on specific offenses in their towns and villages. For example, The Town of Ithaca and the Town of Enfield by policy have NO plea bargaining on speeding in school zones. You have the option of trial in these Town Courts.

Some counties have NO plea bargaining as well. In Tioga County there is NO plea bargaining on the latest VTL 1144 A, failure to move over law. Again you have the option of having a trial. The District Attorney there believes that that offense has cost the lives of law enforcement, which it most certainly has, and future violators will not be offered reduced pleas. Knowing where you are, and what local policy allows or dictates is as they say PRICELESS.

For motorists with non-CDL licenses there are the following known serious traffic offenses:

VTL section 1212 Reckless Driving is classified as a serious violation, also speeding, tailgating, and unauthorized racing. Combinations of these including speed in a school or a work zone will get you suspended. 


Larry Newman, D.C., J.D.  Lawyer, retired Chiropractor, and author.
www.ithacadwi.com
607-229-5184