Many law enforcement agencies in the Buffalo area conduct breath tests in DWI cases using a machine called the DataMaster, which is manufactured by National Patent Analytical Systems. While there are a few different versions of the DataMaster currently in use, they all work in essentially the same fashion. A driver suspected of intoxication will…
Operating any watercraft that is propelled by mechanical means while impaired or intoxicated by alcohol is illegal on all the waterways in the Buffalo region. A boater accused of operating a vessel while intoxicated in New York State will almost always be asked to take a breath test, and refusing to do so will result…
The Walk-And-Turn test is one of the more common field sobriety tests used in the Buffalo area, and most people are familiar with the concept of a police officer asking someone suspected of drunk driving to “walk a straight line,” which is the basic form of the Walk-And-Turn test. While the Walk-And-Turn test has been…
In some Buffalo DWI cases, a lawyer may use the term “extrapolation” when discussing the breath test result. The word extrapolation generally refers to the ability to estimate a value beyond the range of what was measured based on what has been measured. In terms of the breath test, it refers to the ability estimate…
An out-of-state driver arrested for drinking and driving in the Buffalo area should consult with an experienced Buffalo DWI lawyer who understands the laws for out-of-state drivers. When a New York State driver is convicted of Aggravated Driving While Intoxicated, Driving While Intoxicated, Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by Drugs…
Most Buffalo area residents arrested for drinking and driving have no familiarity with the criminal justice system and little knowledge of the steps involved in prosecuting their case. Unfortunately, each case is unique, and there is no absolute formula that will be followed in all drinking and driving cases. The information below, however, sets forth…
The Intoxilyzer is a breath test machine that has been used in New York State in various forms for many years. While it has never been a particularly popular model among the law enforcement agencies in the Buffalo area, it has seen extensive use in other parts of the state. There have been several different…
Buffalo snowmobilers are subject to similar laws as car drivers when it comes to drinking and driving. This means that when a snowmobiler is involved in an accident involving serious injury or death, the snowmobiler may be compelled to take a blood test for alcohol if there is reason to suspect that he or she…
Defense Attorney For Criminal Possession Of Marijuana In The 3rd Degree Charges Criminal Possession of Marijuana in the Third Degree (NY PL 221.20) is the first of the Criminal Possession of Marijuana charges to rise to the felony level in Buffalo. If you were caught in possession of an amount of marijuana weighing between 8…
Criminal Possession of Marijuana in the 4th Degree Charges Defense Lawyer Criminal Possession of Marijuana in the Fourth Degree (NY PL 221.15) is an A Misdemeanor in Buffalo, meaning that if you’re convicted, you could face up to a year in prison. The charge alleges that you knowingly possessed marijuana in an amount between two…
