When a driver who previously has been convicted of Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated within the past ten years is re-arrested and charged with another DWI offense, the current offense will be raised from a misdemeanor to a felony charge. Misdemeanor DWI…
An experienced Buffalo DWI lawyer will closely examine the breath or blood test results when defending against an alcohol-related driving offense. New York laws forbid driving with a blood alcohol content of .08% (or .18%, for the enhanced charge of Aggravated Driving While Intoxicated per se), which requires evidence that the driver’s blood alcohol content…
A Buffalo driver who is arrested for drinking and driving and has been previously convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated within the past ten years will almost always find the current charge raised to a felony offense. A felony DWI conviction…
When a couple has multiple venues available for filing, we encourage people to talk to attorneys in both states. Because divorce law is decided at the state level, it may be more advantageous to you to work through the courts in your home state. Conversely, New York’s divorce law may offer opportunities to you that…
Yes, voicemails can be entered into evidence in a divorce in Rochester. This may feel like an invasion of privacy, but under the law, if you left a voicemail, you implicitly gave permission to be recorded, and that recording can be admitted by the court. Once a divorce is under way, we encourage our clients…
This is an issue that comes up in some divorces, and the truth is that it’s unlikely that you’ll face any criminal action related to use of a spouse’s credit card during your marriage. This is especially true if the card was used for purchases that benefited both spouses or the marriage generally, and not…
If you move in with a new partner following your divorce in Buffalo, you run a significant risk of losing alimony if your former spouse finds out. Read through your divorce settlement before you make any decisions. It is standard that spousal maintenance ends if the recipient cohabitates with a new partner, and some agreements…
In most cases, once your divorce decree is issued, that is the final piece of your divorce and, except for select parts that can be modified by the court, it can’t be changed. There are exceptions though, and in some circumstances it may be possible to appeal a divorce decree. These are highly unusual situations…
In most Buffalo area DWI cases, the defendant’s blood alcohol content will be determined using a breath test machine. However, in some cases – usually cases involving motor vehicle accidents or on occasions where a breath test machine is unavailable – the defendant may be asked or required to submit to an actual blood test…
Some criminal courts in the Buffalo area are very busy, and the speed at which cases are processed may be very slow. As with any criminal charge, a person charged with DWI is entitled to a speedy trial, and failure to provide the defendant with a speedy trial may lead to dismissal of the charge.…
