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When A Blood Test Was Used In Buffalo New York, What Must Be Proven To Show The Machine Worked Properly?

Most Buffalo area drinking and driving offenses involve the driver being asked to submit to a breath test to determine his or her blood alcohol content. In some cases, however, the defendant will be asked or compelled to take a blood test instead. This may happen where the circumstances surrounding the arrest involved a motor…

What Happens To Repeat Boating While Intoxicated Offenders In Buffalo New York?

It is illegal to operate a boat while under the influence of alcohol or drugs on any of the public waterways in the Buffalo area. The New York State laws surrounding Boating While Intoxicated mirror, to a large extent, the laws for operating a motor vehicle while intoxicated. This includes the possibility of enhanced charges…

Does A Felony Buffalo, NY DWI Defendant Get To Testify In Front Of The Grand Jury?

A Buffalo driver arrested for a felony level drinking and driving offense faces very severe consequences. Because felony level offenses are considered very serious, New York State requires that cases involving potential felonies be screened by a grand jury before the prosecution may proceed with any felony charges. A DWI charge may only proceed as…

Why Does The Prosecution Usually Only Need One Record Of Inspection For The Breath Test Machine In Buffalo?

The rules surrounding what prosecutors in Buffalo area DWI cases must prove to have the breath test score admitted as evidence has developed over decades based on a variety of different court rulings. While the court in any DWI should require that the prosecution establish that the machine was working properly at the time the…

Penalty For Operating As A Major Trafficker (NY PL 220.77) In Buffalo

Buffalo Penalties For Operating As A Major Trafficker (NY PL 220.77) Buffalo prosecutors don’t play small when they believe they’ve caught someone responsible for directing large drug operations. Under Operating as a Major Trafficker (NY PL 220.77), they can ask the court for a sentence of life in prison if you’re convicted. At the very…

Penalty For Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) In Buffalo

Buffalo Penalties For Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) Criminal Sale of a Prescription for a Controlled Substance (NY PL 220.65) is a crime that Buffalo prosecutors will charge when a licensed practitioner, such as a pharmacist, dentist, veterinarian, or doctor, sells a prescription for a controlled substance to…