Marijuana Legalization: Where does New York stand?

New York could become the thirteenth state to legalize “medical marijuana”.

In June of 2008, the New York State Assembly passed a bill that would allow a medical patient to use marijuana to treat a serious illness under the supervision of a medical professional. A patient would be required to get a prescription from a doctor and would be allowed to possess a limited supply of marijuana; twelve plants or two and a half ounces. The bill was passed after legislators listened to the testimony of cancer patients, doctors, and scientists who advocate the legalization of medical marijuana as a means to end the pain and suffering of thousands of New Yorkers.

The New York State Senate is also considering a similar bill that would legalize medical marijuana but there is big difference between the Assembly bill and the Senate bill. The Senate bill provides for the creation of a regulatory framework to control the production and disposition of medical marijuana. Apparently some Senators are concerned that the Assembly bill essentially allows patients to obtain marijuana from “drug dealers".

New York is moving forward on this issue but until the Republicans lose their majority in the Senate, it appears that a medical marijuana bill will not make it to the Governor’s desk anytime soon. And even if medical marijuana is legalized in New York, it would still be illegal to possess medical marijuana in New York under Federal law.

James Tedisco and Roy McDonald, who both represent Saratoga County residents in the Assembly both voted against the medical marijuana bill.

Buying a House? Beware of the dual agency.

If you are buying a house you need your own agent. A real estate agent is either a buyer's agent or a seller's agent.

Almost everyone who buys a house generally goes through a broker. Many times, an agent working for the broker (i.e. Prudential) represents both the buyer and the seller. This arrangement is called a "dual agency". I don't like the dual agency situation at all. Many of my clients sign a dual agency agreement without understanding what it means. The agreement is generally a boilerplate form that is full of fine print and legalese that my client does not read.

In my opinion, if you agree to a dual agency, you do not have an agent because your agent represents both the buyer and the seller. An agent is your personal advocate and he or she should work for you exclusively!

If you are buying a home or land you should consult with a real estate attorney before you do or sign anything.

Traffic Court Blues: Why you do not want to go to traffic court.

I go to traffic court a lot. Maybe the word miserable is a little too harsh to describe the environment, but it's not that far off. The only people who look remotely happy in traffic court are the lawyers, and that is because they are getting paid.

This is what you can expect if you go to traffic court without a traffic ticket lawyer. Let's use Colonie Town Court as an example. One of the busiest highways in the Capital Region of New York is located in Albany County and travels several miles through the town of Colonie. Tons of people get stopped on this road (I-87 or the Northway) and tons of people have to appear in Colonie Town Court to answer speeding tickets.

Traffic Court in Colonie is generally held on weekday evenings. You will arrive at around 6 pm along with roughly another 100-150 defendants. Your first line will be for the security check. Usually at least one person in front of you will have some surgical metal somewhere in their body, and you'll have to wait for the cops to satisfy themselves this person is not a security threat. The next line will be to see the clerk to get your file. As great as the clerks are in this court, somebody's file will inevitably be missing, and now you are waiting on line again. Finally, you will be directed to enter a court room about the size of a small gymnasium.

After what seems like an eternity, a judge will enter and take his seat behind the bench. One judge in particular has a unique method and style of disposing of his cases, which I actually believe is very efficient. You will be instructed to rise and make a line in front of the judge. Another line! Finally, your turn will come. The judge will ask you how you plead, and you will say "not guilty." You will then be given a new appearance date to come back and visit again. At 9pm, you are on your way home. What a way to spend an evening!

If you value your time and your money, you should never go to traffic court. Be smart, hire a traffic ticket lawyer to appear for you. It's not as expensive as you may think.

A DWI Lawyer's Most Frequently Asked Question

Ouch. That's gonna leave a mark.

When people find out that I am a DWI attorney, I am inevitably asked the question, "What should I do if I am pulled over and I have been drinking?" My typical response usually begins with, "Well, this is what you should not do." What you should not do is drink and drive at all, but that is totally unrealistic and I don't bother admonishing people. Unfortunately, almost everybody at some point in their life consumes alcohol and gets behind the wheel of a car.

With that said, here are a few things I suggest you do if you have been pulled over after drinking alcohol. First, keep your cool and tell yourself "I have my rights!", which is much easier said than done. Second, when you are asked the question, "Do you know why I stopped you?", say no. If the cop asks if you have been drinking, say no. (Remember, Just Say No!) "But wait," you say. "What if I have been drinking, are you telling me to lie?" Yes I am. Believe it or not, the Constitution of the United States is telling you to lie as well. As American citizens, we have the right not to incriminate ourselves when we are interacting with law enforcement. And if a cop tells you things will be easier on you if you admit to having consumed alcohol, he or she is lying to you. Once you admit to having consumed alcohol, a cop really has no choice but to request that you step out of the car and perform the Field Sobriety Tests and possibly blow into an alcohol sensor device.

Even if you have had nothing to drink at all, I suggest you refuse to perform the Field Sobriety Tests. The truth is, the walk and turn test, one leg stand test, finger to nose test, etc., are designed so that even sober people will not pass them. In New York, there are no legal ramifications for refusing to perform the Field Sobriety Tests.

I also suggest you refuse to perform the roadside alcohol sensor test. The cop may ask you to blow into a box with a tube. Keep in mind, the results of this test are different from the breathalyzer you may be asked to blow into at a police station. This test, given in the field, is used only to detect the presence of alcohol in your blood, not to measure your Blood Alcohol Content (BAC). Refusing to perform this test will result in a citation, but it is merely a violation akin to a traffic ticket.

Finally, if you are arrested you will be taken to a police station where you will be instructed to blow into a breath testing machine. This test is the biggie. If your BAC registers in excess of the legal limit, the results of this test are used as direct evidence against you. If you refuse to do this test, your license will be revoked. This is where my suggestions end. Obviously, without the results of this test, it will be hard to convict you, but not driving for a year may be more costly to you than a DWI conviction.

If you are facing DWI charges it is very important that you consult an experienced DWI attorney.


Please avoid driving if you have had too much to drink.