Daily Archives: April 2, 2015

What Is Stalking In The Third Degree (NY PL 120.50) In Rochester?

Stalking in the Third Degree (NY PL 120.50) is a Class A Misdemeanor, and conviction by Rochester prosecutors can lead to a year in prison. There are several types of conduct and circumstances that can lead to a charge of Stalking in the Third Degree, but it is typically charged when a defendant has previously […]

My Spouse Has Moved Into A Rochester Rental Property We Jointly Own And Have A Pending Offer On. What Can I Do?

Your attorney should review the specifics, but it may be necessary to seek pendente lite relief if your spouse has taken unilateral actions to prevent a previously agreed upon sale in Rochester. If the sale was agreed to in writing, you’ll have a stronger case, but even without a written agreement, it’s very likely that […]

What Is The Romberg Field Sobriety Test In A Rochester DWI Case?

When a Rochester resident is stopped for drinking and driving, the police officer will commonly ask the driver to perform several field sobriety tests – such as walking a straight line or counting backwards. There are a number of different tests that law enforcement officers may use, some of which are of very questionable value […]

In Rochester, What Is The Blood-Breath Partition Ratio In A DWI Case?

It is standard procedure in Rochester DWI cases for the arresting officer to request that the driver submit to a breath test. A breath test that results in a finding that the defendant’s blood alcohol content is .08% or greater is considered strong evidence that the defendant is intoxicated and can be very damaging to […]

What Happens If Someone Refuses To Take The Field Sobriety Tests?

Most Rochester drivers are probably aware that refusing to take the breath test after being stopped for drinking and driving will result in the driver losing his or her driver’s license. Many people, however, do not know their rights if a police officer asks them to perform field sobriety tests – such as reciting the […]

What Is The Difference Between Felony DWI And Aggravated DWI In Rochester, NY?

New York State law has several variations on its standard Driving While Intoxicated charge which may result in increased penalties under certain circumstances. If arrested for drinking and driving, it helps to have an experienced Rochester DWI lawyer who understands the nuances of these different charges. Aggravated DWI and Felony DWI are both more serious […]