A typical Buffalo DWI arrest involves a member of law enforcement claiming to have personally observed one or more moving infractions committed by the defendant, leading the police officer to pull over the defendant and investigate him or her on suspicion of drinking and driving. While there is no requirement that the police officer actually…
When a Buffalo driver is arrested for drinking and driving, his or her driver’s license will usually be suspended at the first court appearance. This involves the physical confiscation of the driver’s license. Because the driver will not be will eligible for a pre-conviction conditional driver’s license issued by the Department of Motor Vehicles until…
With winter approaching, Buffalo area snowmobilers should be aware that it is not only illegal to operate a snowmobile on a street while under the influence of alcohol, but also on public trails and even the private property of another person. For first time offenders, New York’s Snowmobiling While Intoxicated laws largely mirror its laws…
As experienced Buffalo DWI lawyers, we have seen many innovations over the years designed to reduce the frequency of motor vehicles being operated while the driver is under the influence of alcohol. Most of these changes have involved increased penalties for drinking and driving offenses and changes to the manner in which the laws are…
Buffalo Penalties For Criminally Using Drug Paraphernalia In The First Degree (NY PL 220.55) A past conviction for Criminally Using Drug Paraphernalia in the Second Degree, which is a class A misdemeanor, sets you up for additional penalties if you’re charged and convicted again. As a repeat offender, you’ll be charged with Criminally Using Drug…
Buffalo Penalties For Criminal Sale Of A Controlled Substance To A Child (NY PL 220.48) Violations of Criminal Sale of a Controlled Substance in the Fourth Degree or Third Degree can draw additional charges in several circumstances. When the seller is an adult over the age of 21 and the buyer is a minor under…
Buffalo Penalties For Criminal Injection Of A Narcotic Drug (NY PL 220.46) While consensual conduct is usually not criminalized in New York, there are exceptions. Individuals who knowingly and intentionally inject an illegal narcotic drug into another person, with that person’s consent, can be prosecuted in Buffalo under Criminal Injection of a Narcotic Drug (NY…
No, if your divorce in Buffalo ends up litigated, the issues will be heard by a judge, who will issue a ruling without the presence of or input from a jury. This is a positive in most people’s view, because of the built-in privacy protection of not using a panel of strangers to decide difficult…
When a Buffalo driver is involved in a motor vehicle accident resulting in serious injury or death and refuses to submit to a breath test or a blood test, the police department investigating the collision may require the driver to undergo a blood test to determine the amount of alcohol in his or her blood.…
Most Buffalo residents are familiar with the idea that someone placed under arrest should be “read his rights” by law enforcement. These rights, also known as Miranda Warnings, include constitutional rights to remain silent when questioned and the right to an attorney. Unfortunately for those stopped for drinking and driving, a failure to read these…
