Author Archives: Friedman & Ranzenhofer

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 […]

What Court Hears Appeals Of DWI Convictions In Buffalo, NY?

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 […]

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 […]

How Does The AlcoTest Perform Two Breath Tests On One Sample In Buffalo?

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 […]

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

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 minimum, you’re looking at between 15 and 40 years. Fines for […]

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

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 another person. This is a very serious charge whose ramifications go well beyond the risk […]

Penalty For Criminal Possession Of Precursors Of Controlled Substances (NY PL 220.60) In Buffalo

Possessing the precursor chemicals that are used in the manufacture of various drugs is a serious crime in Buffalo, and will often result in a higher sentence than simply possessing a small amount of the drug itself. As a class E felony, Criminal Possession of Precursors of Controlled Substances (NY PL 220.60) can result in […]

Can I Keep One Of Our Two Cars In Our Buffalo Divorce, Even If It Isn’t In My Name?

Yes, more than likely, if you and your spouse have acquired two cars during your marriage in Buffalo, you’ll be entitled to take possession and ownership of one in the divorce. If you have routinely been using one of the cars, then you should expect to be able to continue driving it once the divorce […]

Do The Police Have To See Someone Driving To Arrest Them For DWI In Buffalo?

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 […]

What Does The Court Give A Driver When Issuing A Hardship Driver’s License In Buffalo?

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 […]