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…
As experienced Buffalo DWI lawyers, we have seen a number of changes to the technology used in breath test machines over the years. To obtain a breath test result that properly reflects blood alcohol content, it is important that the air tested be what is referred to as “deep lung air” – air from the…
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…
When a Buffalo driver is suspected of drinking and driving, law enforcement will usually ask that driver to take a breath test. Because the defendant’s breath test score can be a very important piece of evidence in any DWI case, New York State has passed laws designed to strongly encourage drivers stopped on suspicion of…
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…
Any defendant convicted of a drinking and driving offense at trial has the right to appeal the conviction, the sentence or both. Anyone considering doing so, however, may wish to consult with an experienced Buffalo DWI lawyer to determine the likelihood of an appeal being successful. It is unusual for the ruling of a trial…
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…
If a Buffalo area driver is stopped by a New York State Police Officer on suspicion of drinking and driving, odds are that he or she will be asked to take a breath test using a machine called the Alcotest Model 9510. This machine, which is the one most commonly used by the New York…
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…
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…
