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Can A Campground Legally Stop A Driver To Identify Them And Then Arrest The Driver For DWI In Buffalo?

Drivers who enjoy Buffalo area campgrounds are encouraged not to drive after having consumed alcohol. Not only is it dangerous, but an intoxicated driver returning to his or her campsite risks being arrested for drinking and driving if stopped and asked to provide identification when returning to the campgrounds. Most public campgrounds charge a fee…

How Can The Prosecution Prove The Breath Test Machine Was Working Without The Testimony Of The Person Maintaining It In Buffalo, NY?

When a Buffalo driver is being tried on a charge involving the breath test, such as Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated, per se, the prosecution is required to establish that the breath test machine was working properly when the test was administered. This requires that…

Is It Illegal For An Out Of State Driver To Transport A Firearm Across New York State?

Anyone traveling through the Buffalo area who wishes to transport a firearm with them should be aware of their rights and responsibilities when it comes to the transportation of firearms. The rules regarding the transportation of firearms through New York State from one outside destination to another outside destination involve complicated state and federal laws,…

If Event Security Tells You That You Have To Leave The Premises, Can You Be Arrested For DWI In Buffalo, NY?

While most spectators who attend sporting events and concerts in the Buffalo area are responsible in their consumption of alcohol at the event, we are all aware that there are individuals who are kicked out of these events for drunk and disorderly conduct. Unfortunately, some individuals who have been ordered to leave the premises by…

Penalties For Criminal Possession Of A Controlled Substance In The Second Degree (NY PL 220.18) In Buffalo

New York’s prohibition of many drugs has the result of severely punishing people for possessing even relatively small amounts of a drug. This is rarely more true than with Criminal Possession of a Controlled Substance in the Second Degree (NY PL 220.18), which carries a maximum sentence of life in prison, with a minimum of…