A Buffalo driver who is suspected of driving while intoxicated will almost always be asked to take a breath test. The arresting police officer, however, will not give this test immediately. Instead, the driver will be required to wait a certain amount of time – 20 minutes for most Buffalo area police agencies – prior…
The newer breath test machines that are used in the Buffalo area have taken much of the discretion away from police officers when determining whether a driver is intoxicated. On newer machines, the breath test operator’s primary role when conducting the test is to input information into the device, which performs many of its functions…
When A Buffalo area driver is stopped for drinking and driving and agrees to submit to a breath test, he or she will only be required to provide one breath sample. While several states require defendants to provide two separate breath samples for testing, New York State law only requires one breath test. There are…
As experienced Buffalo DWI lawyers, we are familiar with the efforts made over the years by law enforcement to distinguish bad driving caused by alcohol intoxication from bad driving caused by a medical condition. One of the most common medical conditions that can mimic the symptoms of intoxication is diabetes. The fact that abnormal glucose…
When a Buffalo driver is placed on trial for drinking and driving, the burden is on the prosecution to prove that the defendant committed the alcohol-related driving offense charged. During a typical trial, the prosecution must present its case first, and the defendant is under no obligation to present any defense at all if he…
Most Buffalo residents are aware that it is legal for them to consume a certain amount of alcohol and still drive a motor vehicle. Many people adhere to a formula, such as if they have one alcoholic drink per hour or less, they can still safely operate a motor vehicle. Unfortunately, there is no precise…
Use Of A Child To Commit A Controlled Substance Offense Charges Defense Attorney Buffalo prosecutors are strongly invested in preventing young people from being coerced into or otherwise involved in drug trafficking rings. To this end, Use of Child to Commit a Controlled Substance Offense (NY PL 220.28) will be charged when a defendant over…
Defense Lawyer For Those Arrested On Criminal Possession Of A Controlled Substance; Presumption Charges In many drug arrest cases in Buffalo, police don’t only take the person in possession into custody, but also the people in a car or home as well. Under NY PL 220.25, police are allowed to make the presumption that, under…
Defense Lawyer For Criminal Possession Of A Controlled Substance In The 1st Degree Charges Criminal Possession of a Controlled Substance in the First Degree (NY PL 220.21) is Class A-I Felony in Buffalo, and conviction can result in a minimum sentence of between 15-40 years, and as long as life in prison. This is obviously…
When a divorce begins, judges take great care to ensure that, to the largest extent possible, both parties are financially secure. Awards of temporary maintenance to a lower-earning spouse are fairly routine and based on short term considerations, but spousal support (alimony) awards post-divorce are a more considered matter. Because a divorce can take many…
