Author Archives: Friedman & Ranzenhofer

Are Awards In A Divorce In Rochester Subject To Interest Fees?

Yes, if you will be distributing funds over time, it is within the discretion of your judge to impose interest fees payable to your spouse. While these are typically in the 5% range, higher interest rates have been applied. Some cases have had interest rates as high as 9% applied. Obviously, fees like this can […]

How Are Ignition Interlock Devices Approved For Use In New York State?

Even first time offenders convicted of Driving While Intoxicated in a Rochester area court will be required to install an ignition interlock device on every vehicle he or she wishes to continue driving for work, school, or other necessities. This device requires the driver to provide a breath sample before starting the vehicle and periodically […]

How Much Training Does A Rochester, NY Breath Test Operator Receive?

When a Rochester driver suspected of being intoxicated is asked to take the breath test, there are rules regarding who is permitted to operate the breath test machine. Before being allowed to conduct the breath test, a police officer must complete training pursuant to the regulations of the New York State Department of Health and […]

What Are The Penalties For Snowmobilers Who Repeatedly Operate While Intoxicated In Rochester, NY?

Snowmobilers should be aware that just as it is illegal to drive a car while intoxicated, it is against the law to operate a snowmobile on any Rochester area street, highway, public trail, land, body of water, or on the private property of another person while under the influence of alcohol. Also, just as the […]

What Is The Purpose Of The Purge Cycle Of The Breath Test Machine In Rochester, NY?

The modern breath test machines used in DWI cases by all law enforcement agencies in the Rochester area are complicated devices. They automatically perform a variety of steps related to the breath test and document the results. When any breath test is performed on one of these machines, it should perform multiple purges during the […]

When A Blood Test Was Used In Rochester New York, What Must Be Proven To Show The Machine Worked Properly?

Most Rochester 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 […]

What Is The Purpose Of The Slope Detector On A Breath Test Machine In Rochester, NY?

As experienced Rochester 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 […]

What Happens To Repeat Boating While Intoxicated Offenders In Rochester New York?

It is illegal to operate a boat while under the influence of alcohol or drugs on any of the public waterways in the Rochester 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 […]

What Does “Implied Consent” Mean In A Rochester, NY DWI Case?

When a Rochester 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 […]

Does A Felony Rochester, NY DWI Defendant Get To Testify In Front Of The Grand Jury?

A Rochester 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 […]