Lawrence A. Newman’s Answers

Even if they "could" why "would" you want a paralegal to represent you? The New York DWI Chemical Test Refusal Case is unique for a number of reasons: 1. The police and prosecution do not have a breath test (NO BAC) to prove their case of Intoxicated driving. It is now purely a matter of degree? Impairment vs. Intoxication are pure opinions? 2. They can not charge VTL 1192 (2) BAC .08 or > or VTL 1192 (2) (a) Aggravated DWI BAC .18 or >. although with new case law (2012) they can try...

First, consult with a local FL DUI lawyer, I am licensed in FL, NY, NJ, and PA but limit my DWI practice to NYS. In Florida, the state must prove you were in actual physical control. You do not have to be driving the car to be charged with DUI. Being asleep in a parked vehicle can be a basis for a DUI prosecution. Under Florida DUI law, “Actual physical control” is defined as being in or on a vehicle AND having the present capability to operate the vehicle. The question: Because you...

New Jersey language can be confusing. We have all seen Jersey Shore so we know this is true. Going Fishing = going out to pick up women, fist pump, GTL, you get the picture, confusing. Jersey Lawyers don't use the terms "misdemeanors and felonies." In Jersey legal speak there are criminal offenses based on degrees (1st to 4th). Crimes have the potential of jail for over six months and non-criminal offenses are less than six months in jail. The "lesser offenses" in NJ are all the NON...

This question is really five and as my one of my colleagues pointed out it sounds like it is more from a Chiropractor than from a person seeking legal guidance. That said, I am a Chiropractic Physician and an attorney. I may have answered these questions a lot differently in my younger days but after spending more time in Court than with my hands on a spine my views (perspectives) have changed. 1. I would have issue with a PI attorney referring to a specific (particular) doctor of any type....

I am licensed in NY, FL, PA, and NJ. Florida counts 4 strikes, and it is a lifetime revocation. Florida even views our DWAI (NY violation) as a FL DUI crime. As the other attorneys have mentioned, you have a DMV record but also a criminal record. NYS counts all DWs on your record forever. DMV driving record for 10 years. NYS has No "rule of removal" merely it is no longer listed on your DMV abstract after 10 years. BTW even though it won't "show" DWs after 10, it will show the...

Always check with an attorney licensed in that state and who is knowledgeable about that specific legal area. There is plenty of misinformation online. btw DMV.com is a privately owned website that is not affiliated with any government agencies. Besides the DMV (any DMV) is not going to explain legal classifications, they are administrative bodies of government. 1st DUI in NJ is a traffic offense, non-criminal.

You need to contact a skilled Oakland CA truck attorney. That said, the truck carrier could be potentially liable based upon many theories: negligent hire negligent retention negligent supervision direct negligence I focus my practice in NYS but have written a book on Truck Accident cases here, they must all follow federal rules as well: http://www.ithacadwi.com/NYS_Truck_120711_.pdf If you need a good CA referral please feel free to pick up the phone.

You say that you did not have the "intent" to drive, which is very good based upon the law, however all the other facts in your situation will point away from this to a judge or a jury. Can the government (the District Attorney) in New york prove the "D" within the FACTS of your NYS DWI? 1. car running 2. headlights on 3. you in the driver's seat 4. the open beer in the drink holder only adds to this picture against you A critical element with any NYS DWI case is whether there was...

With 2 DWI felonies this is possible but there are big hurdles: 1. You need to apply for a Certificate of Good Conduct. It is for those convicted of more than one crime (see Correction Law §§703-a and 703-b). The minimum period of good conduct is based upon the most serious crime of which you have been convicted: C, D, and E Felony 3 years A, and B Felony 5 years The time is measured either from the date your paid fines, or the suspension of your sentence, or from the...

Does not sound like your friend had a lawyer? One of the dangers of accepting a plea to an offense without discussing the collateral (enmeshed) consequences. Both GA and PA both suspend driving privileges for the possession of marijuana. PA DOT suspends for six months with no occupational (conditional) license. NYS will give that suspension full faith and credit. Your friend may want to try and vacate the plea. Time to talk to a lawyer. I am licensed in NY, PA, NJ and FL.