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Lawrence A. Newman

Lawrence Newman’s Answers

203 total


  • Is there a statute of limitations on speeding tickets in New York state?

    I got a speeding ticket in 1997 in upstate New York. I never went to court and I never paid the fine. I want to resolve this but I am not sure how to proceed. Is there a statute of limitations so that this may, by the grace of god, just disappear?...

    Lawrence’s Answer

    Is there a statute of limitations so that this may, by the grace of god, just disappear?

    It will not just be dismissed, you are in default and the sort will have notified the NYS DMV to suspend your NYS driving privileges (with or without a NYS license)

    If not, what is the best way to find out how much my fine is?

    there will be an un-suspend fee to pay, usually around $70
    there is no fine yet o the ticket unless you plead guilty and the judge assigned (assessed) a fine and surcharge. This money amount will be dependent on the speed in mph over the limit and is in a fairly wide range. 3 pointers (0m - 10mph over) are $0 to $150 plus a surcharge of around $93

    They would also need to look back at the rates in 1997 for all of the above, they can't assess 2014 fees and fines on 1997 infractions

    Last Question: If I drive in NY and get pulled over, will I be arrested?

    yes, it is called AUO 3rd, a misdemeanor, aggravated unlicensed operation, driving with suspended privileges due to a unpaid and unaddressed prior violation, this is very common btw and usually a surprise to many motorists

    Talk to a local attorney who handles this court to negotiate the ticket, fine, and then get you un-suspended

    See question 
  • Can New Jersey put a hold on my New York license renewal because I'm suspended?

    my New Jersey license was suspended. my New York license is valid I have a car registered and insured and everything. get my privileges back in New Jersey I have to get a breathalyzer machine in my car. can you Jersey stop me from renewing my N...

    Lawrence’s Answer

    If you have DWI/DUI license issues in one state, any other state you hold privileges will also be potentially affected.

    1. NJ can stop you from renewing your license in NY or having any NYS privileges
    2. If you do not place an IID on your car you will be illegally operating your car anyplace you drive
    or any car you drive without one in place
    3. whether you drive or not does not negate the condition
    4. whether you can pay or not does not negate the condition
    5. If you do not take the required NJ IDRC class you are further in violation

    All license issues state to state will be reported to the NDR

    National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)

    They (any state) will eventually find out about any outstanding traffic offenses (or requirements/conditions) in any other state, upon either your application for a driver's license or your renewal of a driver's license.

    What is the NDR?

    The National Driver Register (NDR) is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.
    Remember, any untaken care of traffic violations will default to a license (privilege) suspension in New York State. This is not a maybe, it is a fact. License = a privilege to drive in that state whether you have a license there or someplace else.

    How it works:

    When a person renews or applies for a driver's license in a state the MVA must check to see if the name is on the NDR Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR 1327.5(b)(1)

    All Motor Vehicle Associations (DMVs) must check you under Federal Law 23 CFR 1327.5(b)(1).

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c...

    btw the state that gave you any license "privileges" only has jurisdiction/authority over your "privileges" in that state but if you drive in any other state during that time (of driving) you have an assumed driving privilege in that state.

    KEY TAKEAWAY:

    Violations, even these non-criminal offenses (like a NJ DUI) can have a long and deep Federal impact upon your life, whether to your ability to complete your education, your ability to drive a car, and/or your ability to get a job.

    Final words about your IID requirement:

    1. There is still a Court Order for a device to be placed for a minimum time period.
    2. That order will stand the test of time. (it is on your DMV record)
    So ANY time in the future that that person eventually gets a car they will need to install the IID.
    3. If that person moves to another state or is from another state this still applies.
    4. The county in which the DWI occurred will have to do the monitoring as well.

    So regardless of where or when it is placed, the monitor of the county of conviction will need to be contacted. They will be given all the downloaded information every month when you return to the installer. The county monitor has the power to take off the device, and check that your obligation (Court Order) has been served.

    Regardless of your driver's license issues this interlock issue will need to be dealt with as well. Word to the wise you can run but you can't hide. The piper will need to be paid. Avoidance is merely delay. Like a great many things this one is not going to go away on it's own.

    See question 
  • Can i carry a pocket knife in my backpack for work

    i currently reside in Brooklyn and work within walking distance of my work a grocery store can i travel with a multi tool that is smaller than my hand for use as a box cutter

    Lawrence’s Answer

    New York States's Weapon Law is Seriously NOT in your Favor

    Section 265.01 Criminal Possession of a weapon in the 4th degree

    A person is guilty of criminal possession of a weapon in the fourth degree when:

    (1) He or she possesses any firearm, electronic dart gun, electronic
    stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
    knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
    metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
    slingshot or slungshot, shirken or "Kung Fu star"; or
    (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
    imitation pistol, or any other dangerous or deadly instrument or weapon
    with intent to use the same unlawfully against another; or
    (3); or
    (4) He possesses a rifle, shotgun, antique firearm, black powder
    rifle, black powder shotgun, or any muzzle-loading firearm, and has been
    convicted of a felony or serious offense; or
    (5) He possesses any dangerous or deadly weapon and is not a citizen
    of the United States; or
    (6) He is a person who has been certified not suitable to possess a
    rifle or shotgun, as defined in subdivision sixteen of section 265.00,
    and refuses to yield possession of such rifle or shotgun upon the demand
    of a police officer. Whenever a person is certified not suitable to
    possess a rifle or shotgun, a member of the police department to which
    such certification is made, or of the state police, shall forthwith
    seize any rifle or shotgun possessed by such person. A rifle or shotgun
    seized as herein provided shall not be destroyed, but shall be delivered
    to the headquarters of such police department, or state police, and
    there retained until the aforesaid certificate has been rescinded by the
    director or physician in charge, or other disposition of such rifle or
    shotgun has been ordered or authorized by a court of competent
    jurisdiction.
    (7) He knowingly possesses a bullet containing an explosive substance
    designed to detonate upon impact.
    (8) He possesses any armor piercing ammunition with intent to use the
    same unlawfully against another.
    Criminal possession of a weapon in the fourth degree is a class A
    misdemeanor.

    Remember that the Police need to know and understand the laws they have given their oath to protect and enforce.

    Who determines if it is a "dangerous" knife?

    The police!

    If it looks (appears) to be dangerous, it is! In NYC it also has a 4" limit legally speaking.

    If it looks like a duck, walks like a duck, and sounds like a duck, well it's probably a DUCK!

    Who determines if you have "the intent" to use it unlawfully against another?

    The police!

    The INTENT to USE IT UNLAWFULLY AGAINST ANOTHER IS THE KEY HERE! because

    Law enforcement officers (LEOs), the police make all these determinations.

    Be forewarned, NYS weapon law is serious business.

    See question 
  • Can i sealed a case

    hello my name is jae sung park i have question regard to getting into a police department. because i was charge with bug 2 and petit larceny”

    Lawrence’s Answer

    I will try to highlight and explain in simple terms the main points to NYS sealing.

    First, what can get sealed in New York State?

    Non -criminal offenses can get sealed. That means the large majority of violations can, and should be sealed. Under Section 160.55 (NYS Criminal Procedure Sealing) statute,
    three violations are NOT sealed:

    "other than a violation of loitering (1) and (2) (sexual or prostitution) as described in paragraph (d) or (e) of subdivision one of section 160.10 of this chapter or the
    (3) violation of operating a motor vehicle while ability impaired "

    Things like disorderly conduct, unlawful possession of marijuana, and trespass (violation level) get sealed. Sometimes the best plea bargaining (negotiating) is from a misdemeanor level offense (crime) to a non-criminal (violation) level offense.

    A great example: New York Penal Law Section 140.10 Criminal Trespass in the third degree is a misdemeanor. It means that you went over or through a fence or an enclosure onto private property without permission. Like jumping a fence to a rock concert or an event.

    While New York Penal Law Section 140.05 Trespass is merely a violation (unlawfully on property).
    New York State has NO expungement statute for crimes. So a conviction for criminal trespass would be on your permanent record forever, and violation trespass would be sealed. You would prefer violations to misdemeanors any day of the week.

    Second, What is Sealing in New York State?

    I always say NYS because every state is different. Sealing is under NYS Criminal Procedure Law
    Section 160.55 The best way to understand sealing is think:

    SEALING = SHIELDING

    Non-criminal (violations, traffic offenses) are generally shielded from view by the public, and businesses (corporations). Generally means just that, if they knew the city, town, village, and they knew the court, they that you did something there, they would have to go to that specific court to get a record of your violation there.

    Lastly, are they (the records) really destroyed and/or returned?

    Yes and no. They are supposed to but to satisfy the future potential governmental needs (requirements)
    they are NOT really destroyed fully.

    The real question is will they (the records) still exist?

    There is a copy still there as I mentioned above. Shielded (sealed) but not gone.

    ALL THE BIG IF'S

    If you apply for a gun permit they will be seen, if you have any future criminal activity they will probably be seen by the government prosecutor, or if you are placed on parole release or probation release from a future crime they will be seen.

    (d) the records referred to in paragraph (c) of this subdivision shall
    be made available to the person accused or to such person's designated
    agent, and shall be made available to (i) a prosecutor in any proceeding
    in which the accused has moved for an order pursuant to section 170.56
    (marijuana ACD) or 210.46 of this chapter, or (ii) a law enforcement agency
    upon exparte motion in any superior court, if such agency demonstrates to the
    satisfaction of the court that justice requires that such records be
    made available to it, or (iii) any state or local officer or agency with
    responsibility for the issuance of licenses to possess guns, when the
    accused has made application for such a license, or (iv) the New York
    state division of parole when the accused is under parole supervision as
    a result of conditional release or parole release granted by the New
    York state board of parole and the arrest which is the subject of the
    inquiry is one which occurred while the accused was under such
    supervision, or (v) the probation department responsible for supervision
    of the accused when the arrest which is the subject of the inquiry is
    one which occurred while the accused was under such supervision

    Your offenses are CRIMES, they will not be sealed.

    See question 
  • I lost my appeal for refusal to blow, my charges we are dismissed after the appeal. how can I get my license revocation reversed

    DMV revoked my DL for 286 days for failure to blow. My charges were dismissed in court after the DMV trial. How do I get my revocation of my DL reversed?

    Lawrence’s Answer

    New York DWI refusal cases have two separate and distinct license actions:

    1. the criminal case license action
    2. the refusal case license action

    Unfortunately if you prevail with your criminal case, not guilty of the charges = no license action
    but if not successful with the refusal, found to be a good or true refusal (lesser standard of proof), you are not eligible for any conditional license and have a one year license revocation.

    DMV requires a finding of guilty to one of the sections of VTL 1192 to be eligible to take the DDP (drinking driver program) and hence get a conditional driver's license. Either a guilty plea or finding to DWI or DWAI will suffice to get privileges.

    Often this leverage makes a DWAI the "win" in these cases because of the license issue.

    See question 
  • Can DMV impose an ignition interlock ? Even though never court ordered

    3 dwi total , last conviction in 2005, license revoked , attended outpatient program , 5 years probation completed in 2010 . Told by probation I was lucky in regards to new law of ignition interlock , created after my conviction , so does not affe...

    Lawrence’s Answer

    The new DMV regulations ordered by Governor Cuomo took effect on September 25, 2012.

    NYS has implemented a new class "A2 problem restricted" licensed with an IID for multiple DW offenders. This will be directly monitored by the NYS DMV.

    Pursuant to the new regulations, a person who has 3 or 4 DWI-related convictions/incidents -- but no SDOs = serious driving offenses (5 point violation offenses) -- within the 25-year look-back period may be eligible for a restricted use license containing a so-called "A2 problem driver restriction."

    In this regard, 15 NYCRR § 3.2(c)(4) provides:

    A2-Problem driver restriction. The operation of a motor vehicle shall be subject to the driving restrictions set forth in section 135.9(b) and the conditions set forth in section 136.4(b) of this Title. As part of this restriction, the commissioner may require a person assigned the problem driver restriction to install an ignition interlock device in any motor vehicle that may be operated with a Class D license or permit and that is owned or operated by such person.

    The ignition interlock requirement will be noted on an attachment to the driver's license or permit held by such person. Such attachment must be carried at all times with the driver license or permit.

    See question 
  • How to get NYS License after Interlock license in New Mexico? (Probation FInished)

    Back Ground: I was convicted of a DUI in Sept. 2013. I finished all requirements in my probation in Sept 2014. I then moved to NYC with my interlock device and license from New Mexico. Now, I couldn't get insurance due to the revocation...

    Lawrence’s Answer

    The only issue could be that in NY if you had two DWIs or DWs of any type within a 10 year time frame will then label you as a person with a history of alcohol abuse.

    The NY DMV also states that any driving record (abstract) with 2 or more alcohol related charges (could be a DWAI or DWI) within 10 years and boom, you now have a history of alcohol abuse. This is further defined in Part 136.1 (b) (3) of the Regulation of the Commissioner of Motor Vehicles.

    So to get a driver's license back (or obtain one) after having 2 incidents within this 10 year time frame you MUST fill out and file DMV form DS-449, and submit evidence of either rehab (following an OASAS eval and follow up recommendations) OR a clean bill of health (ie. after a drug / alcohol eval no further treatment is necessary.

    Form DS- 449 is called "Alcohol Abuse Rehab. Program Summary."

    OASAS is our controlling (certified) agency for rehab, evaluations, and treatment.

    http://www.oasas.ny.gov/index.cfm

    See question 
  • Do I need an lawyer for speeding (21 over)?

    I got a speeding ticket going 21 over on the highway. I'm from GA and I'm not familiar with NC laws. My ticket says it is mandatory that I show up in court. My record should be pretty clean at this point because I haven't gotten any tickets in ye...

    Lawrence’s Answer

    I'm not licensed to practice in NC but know that 15mph or higher is a misdemeanor there, that's a criminal level offense, I certainly would not go it alone with a 21mph over ticket. contact a NC lawyer

    See question 
  • Can a professional licensing board find out if you got a dui? and if so, how if its not reported?

    A friend of mine is a Licensed Professional, he recently got a DUI. Does the board investigate criminal history if its not reported?

    Lawrence’s Answer

    I am a chiropractic physician/attorney, first, it is NOT about them finding out----

    Under re-licensing of professional licenses, whether yearly or biannually it must be reported as part of the re-application process. This is true in the four states I have represented professionals in and likely in CO as well.

    See question 
  • Can people with DUI enter Canada...if not, is it just via car or planes and trains. Is there a waiver to enter?

    My wife wants me to go to Canada with her to visit her brother, however I have a DUI, I have heard people with DUI's cannot enter Canada...if this is so is there a special one time visa or something...and if so does it mean I cannot enter via vehi...

    Lawrence’s Answer

    Maybe I should title this "Going to Canada after a DWI it's not Rocket Science," and be wary of solicitors of your issue

    if you get a DWI or DWAI conviction in the states Canada will not allow you to enter without special permission. In fact, any misdemeanor (or anything considered a crime in Canada) will bar entry. You have options, but neither is particularly exciting, and most definitely onerous.

    So you have TWO OPTIONS after a New York DWI or DWAI conviction:

    OPTION ONE: Apply for an Approval of Rehabilitation at the Canadian Consulate or Embassy

    You must show you are living a clean and stable life but unfortunately you can only apply after 5 years have passed since the date sentence was imposed and/or your period of probation has ended.

    OPTION TWO: Obtain a Temporary Resident Permit, Go to:

    www.cic.gc.ca/english/application/visa.html

    You will need: 2 passport photos, a criminal clearance certificate, 3 letters of reference

    NOTE: You will need to obtain a criminal clearance certificate from ALL police authorities from ALL countries you have lived since age 18.

    To obtain a criminal clearance certificate in the United States:

    1. You will need a set of fingerprints (go to a local police department or a regional DMV office)
    2. A letter of request for a criminal background check with a check (go to FBI website for latest rates)
    3. Send to:

    FBI/Criminal Justice Information Services Division
    Attn: Records Request
    1000 Custer Hollow Road
    Clarksburg, WV 26306

    Canada does not automatically grant Temporary Resident Permits to anyone with a DWI or DWAI conviction. They (Canada) will weigh 4 main factors:

    1. If the applicant has a reason to visit Canada beyond pleasure pursuits. ie. Relatives who reside in Canada that may be ill.
    2. If the applicant has property interests in Canada or a business relationship in Canada
    3. The nature of the applicant's criminal offense in the States and it's severity.
    4. The time that has passed since the offense was committed.

    now some good news

    They passed (more like giving a statement) the Tourism Facilitation Action Plan in 2012.

    Called OB 389, this Canadian measure directed border officials to relax a bit on first time offenders from the States who did not pose a risk to Canada. see OB 389 here:

    http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob389.asp

    Operational Bulletin 389 - February 27, 2012
    Cost Recovery Fee Exemption for Temporary Resident Permits Issued to Foreign Nationals who are Inadmissible on Criminality Grounds

    Summary

    A public policy was recently approved with respect to the entry of foreign nationals (FNs) who are inadmissible on A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a Temporary Resident Permit (TRP) for certain offences, including offences such as driving while impaired (also known as driving under the influence (DUI)).

    This also related to New York criminal DWI (driving while intoxicated) and non-criminal DWAI (driving while ability impaired)

    With so many 2012 and 2013 article titles, like "Oh Just One Mistake, No Problem" or "Canada wants you now, so come visit, hunt, fish, and recreate" people were lead to believe getting into Canada was easy (or at least easier). BTW I love Canada, when I visit I always see it as such a friendly and clean country.

    See question