Daily Archives: May 6, 2015

What Is Necessary For A Rochester DWI Roadblock To Be Legal?

Many law enforcement agencies in the Rochester area use DWI checkpoints or roadblocks to stop vehicles for the purpose of determining whether the driver is in intoxicated. While the U.S. Supreme Court has ruled that randomly stopping vehicles at a roadblock can be legal if properly conducted, roadblocks also can be a violation of the […]

What If You Were Not Allowed To Talk To A Lawyer Before Refusing A Rochester Breath Test?

Almost all Rochester area DWI arrests result in the accused driver being asked to take a breath test to determine his or her blood alcohol level. When this request is made, some drivers will ask to speak with a lawyer before deciding whether or not to take the breath test. A refusal to take the […]

In Rochester, When Can A Refusal To Take The Breath Test Be Used As Evidence At Trial?

Anyone suspected of drinking and driving is required to submit to a breath, blood or urine test at the request of law enforcement. In an effort to avoid the possibility of suspected drunk drivers benefiting from not taking the breath test, New York State has passed several laws to discourage drivers from refusing the test. […]

Is It A Good Idea To Testify At A DWI Trial In Rochester?

Most Rochester residents are aware that anyone arrested for a crime – including a drinking and driving offense – has the right to remain silent and cannot be forced to testify against themselves at trial. Whether it is a good idea for a defendant to forego this right and testify at a DWI trial depends […]