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 […]
Author Archives: Friedman & Ranzenhofer
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 Rochester 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 Rochester 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 […]