New York’s laws are designed to strongly discourage drivers suspected of drinking and driving from refusing to take a breath test. A Buffalo driver who is a first time DWI offender and who refuses the breath test will have his or her driver’s license revoked for one year. If the driver has previously refused a…
When a Buffalo driver is arrested for Driving While Ability Impaired by Alcohol, he or she will usually be charged with a traffic infraction. If that driver has previously been convicted two or more times in the past ten years of any alcohol-related or drug-related driving offenses, however, the charge will be raised to a…
Experienced Buffalo DWI lawyers have seen a great variety of field sobriety tests used by law enforcement. In some cases, police officers have even been known to ask drivers to perform tests that are difficult when sober, such as reciting the alphabet backwards. The National Highway Traffic Safety Administration (NHTSA) has studied the accuracy of…
If you have concerns about your child’s safety, you have an obligation to pursue relief. First, if you believe your child is contemplating a suicide attempt right now, call 911. Teenagers can spiral out of control very quickly, and a teen with suicidal ideation or mental illness may require hospitalization and medication to get back…
Yes, if you and your spouse needed more time to think through your options and became legally separated a year ago, you already have the framework in place for a divorce settlement. Converting a separation agreement to a divorce settlement is known as a conversion divorce, and while they’re not as common as they were…
Joint custody is awarded with the expectation that parents will be able to work constructively together in the best interests of the child. If your spouse is failing to live up to the terms of your custody agreement and your relationship has eroded as a result, it may be time to explore a petition for…
No, you are not required to legally separate to divorce in Buffalo or anywhere else in New York. Under reforms passed in 2010, one spouse can file unilaterally if they wish, under the Irretrievable Breakdown grounds, and start a divorce at any point in time, assuming residency requirements are met. If your divorce is uncontested,…
Your spouse shouldn’t be able to make you pay HOA fees for a house you let go of in your divorce settlement in Buffalo, but depending on the particulars of your negotiations, there may be reasons for you to agree to pay them for a period of time. On the other hand, if your case…
Yes, when custody is split 50/50 in a Rochester divorce, the parent who earns more will be considered the non-custodial parent for the purposes of child support payments. Many parents balk at this legal device, but the State of New York believes that every child is entitled to financial support until they can support themselves,…
The issue of grandparents’ rights to visit after a divorce is a complicated one, because while grandparents have no independent right to visitation, your former spouse has wide latitude within the scope of the custody agreement you’ve signed. If the agreement doesn’t specify the exclusion of your former spouse’s parents, or otherwise address the issue…
