Monthly Archives: January 2015

If The Rochester Area DMV Revoked Your Driver’s License For Refusing The Breath Test, Can You Appeal It?

When a Rochester driver is stopped for DWI and refuses to take the breath test, a hearing will be held before an Administrative Law Judge (ALJ) appointed by the Department of Motor Vehicles to determine whether that driver’s license should be revoked. For a first time offender, a finding by the ALJ that a driver […]

What Does It Mean To Be Legally “Impaired” By Alcohol In The Rochester Area?

Just as New York’s drinking and driving laws forbid Driving While Intoxicated but do not define the term “intoxicated,” they also forbid Driving While Ability Impaired By Alcohol but offer no definition of what it means to be “impaired by alcohol.” As a result, it helps to have an experienced Rochester DWI lawyer who understands […]

What Does It Mean To Be Legally “Intoxicated” By Alcohol In The Rochester Area?

New York State law has a number of different alcohol and drug related driving offenses. Which of these offenses applies in a given case depends on factors such as the condition of the driver, the type of vehicle driven, and whether drugs, alcohol or both are involved. As experienced Rochester DWI lawyers, we understand the […]

Will Moving Out Of The House Before I File For Divorce Affect My Custody Petition In Rochester?

Yes, moving out of your house before you file for divorce can have a negative impact on your custody petition in Rochester. You are essentially signaling to the judge that your needs are more significant than your relationship with your children, and by leaving your children with their other parent, you are effectively advocating for […]

Will Staying In The Same Neighborhood Help My Custody Petition In Rochester?

Preparing a home in the same neighborhood where your children currently live can help convey to the judge that you are being proactive in protecting their relationships with their friends and helping them stay established in their schools. And whether or not you win physical custody, being close by means that considerations related to visitation […]

How Detailed Do We Need To Be When It Comes To Estimating Expenses For Our Kids In Our Rochester Divorce?

The more detailed you are in planning for your kids’ needs, the less likely you’ll be to have conflict with their other parent later. Planning for common child expenses like braces, glasses, school trips and activities, sports, transportation costs to and from visitation, and even whether your children should consider state or private colleges are […]

What’s The Best Way To Lower The Cost Of My Divorce In Rochester?

While every divorce is different, there are some general guidelines that people facing divorce can try to follow in order to lower the cost of your divorce. And even better, they can help you have a more positive experience, and outcome, than you might otherwise. If you can avoid turning your divorce into a war, […]

What Happens If A Young Driver Violates The Zero Tolerance Law A Second Time In Rochester?

Rochester area drivers under the age of twenty-one are not supposed to drive after having consumed any amount of alcohol. An underage driver who is stopped and found to have a blood alcohol content as low as .02% is subject to at least a fine and licensing penalties under New York’s Zero Tolerance Law. While […]

Will There Always Be A Jury Trial In The Rochester Area If A Driver Charged With DWI Doesn’t Plead Guilty?

Many drivers arrested for drinking and driving in the Rochester area are able to resolve the drunk driving charges against them through plea negotiations. This may occur in cases where the prosecution allows the driver to plead guilty to a lesser offense. It also may be recommended by a DWI lawyer in cases where the […]