Lawrence A. Newman’s Answers

Lawrence A. Newman

Ithaca DUI / DWI Attorney.

Contributor Level 10
  1. Is a DUI a misdemeanor in NJ

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. James Alexander Abate
    3. Christopher T Campbell
    4. Lawrence A. Newman
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    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...

    9 lawyers agreed with this answer

  2. I have a refusal hearing scheduled at the DMV. A paralegal has offered to represent me for free. Is this ok?

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Eric Edward Rothstein
    3. Steven Marc Raiser
    4. Benjamin J Lieberman
    5. Joseph A Lo Piccolo
    6. ···
    9 lawyer 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...

    9 lawyers agreed with this answer

  3. Can the police arrest you for a DUI if some one calls and says you are suspicious while siting on a parking lot a Walgreen.

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. Lawrence A. Newman
    3. David Richard Damore
    4. Charles K. Kenyon Jr.
    5. Stephanie Thompson Pawuk
    6. ···
    6 lawyer answers

    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...

    9 lawyers agreed with this answer

  4. As a personal injury attorney handling auto accidents cases, why would you refer your clients to a particular chiropractor?

    Answered about 2 years ago.

    1. James B. Hernan
    2. Glen Edward Ashman
    3. Lawrence A. Newman
    4. Randy William Ferguson
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    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....

    10 lawyers agreed with this answer

  5. How is a DWAI conviction different from a DWI conviction on paper?

    Answered 7 months ago.

    1. George Peter Conway
    2. Jonathan Brian Manley
    3. John M. Cromwell
    4. Eric Edward Rothstein
    5. Lawrence A. Newman
    6. ···
    6 lawyer answers

    You are correct, on FBI records it will not indicate anything that explains the charge. This is dangerous to many people having background checks. Charges like these require context. I always advise my clients to get two things: 1. a certificate of disposition from the court of record (it indicates the V for violation) 2. a letter of explanation from your lawyer (or a lawyer) see my blog post here, why get a DWAI letter of explanation http://ithacadwi.blogspot.com/2013/08/why-get-...

    7 lawyers agreed with this answer

  6. NYS says the following: A conviction that is alcohol-related for example DWI remains on a drivers record for exactly 10 years.

    Answered almost 2 years ago.

    1. Benjamin J Lieberman
    2. Michael J Palumbo
    3. Zev Goldstein
    4. Lawrence A. Newman
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    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...

    7 lawyers agreed with this answer

  7. My cousin was driving with her 3 children when a drunk commercial truck driver ran a red light and totaled her car.

    Answered almost 2 years ago.

    1. Scott Richard Kaufman
    2. Jimmy Cha
    3. Arkady Igor Itkin
    4. Daniel Nelson Deasy
    5. Lawrence A. Newman
    6. ···
    11 lawyer answers

    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.

    8 lawyers agreed with this answer

  8. If a 1st time DUI is not a misdemeanor in NJ and is considered traffic. Why do some sites like DMV.com say that it is

    Answered almost 2 years ago.

    1. Lawrence A. Newman
    2. James Alexander Abate
    3. Charles K. Kenyon Jr.
    4. Mark M Cheser
    5. Joseph J Rodgers
    5 lawyer answers

    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.

    6 lawyers agreed with this answer

  9. I got a misdemeanor D.W.I., I am going to school to be a nurse. Can I still be a nurse with the D.W.I.?

    Answered almost 2 years ago.

    1. Benjamin J Lieberman
    2. Michael J Palumbo
    3. Scott Evan Gross
    4. Jay K Goldberg
    5. Lawrence A. Newman
    6. ···
    8 lawyer answers

    Any drug and/or alcohol charge in NYS can impact getting a professional license or renewing a license. Under NYS Education Law 6509 (5) (a) (1), any violation of law is professional misconduct. Any DWI or other misdemeanor would be considered a violation and therefore an instance of professional misconduct. For further reading under New York State Education § 6530 there are 48 Definitions of Professional Misconduct. http://www.health.state.ny.us/professionals/office-based_surgery/law/...

    6 lawyers agreed with this answer

  10. DWI and operation. Is sitting in a place someone else drove to without intent to drive operation:

    Answered almost 2 years ago.

    1. Lawrence A. Newman
    2. Charles K. Kenyon Jr.
    3. Benjamin J Lieberman
    4. Joseph A Lo Piccolo
    4 lawyer answers

    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...

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