Author Archives: Friedman & Ranzenhofer

Criminal Sale Of A Controlled Substance In The Fourth Degree (NY PL 220.34) Defense Lawyers In The Rochester, NY Area

Prosecutors in Rochester are heavily invested in protecting schools from the use and sale of drugs. If you’ve been charged with Criminal Sale of a Controlled Substance in the Fourth Degree (NY PL 220.34) it means that prosecutors believe they can prove that you sold controlled substances on school grounds or on a school bus. […]

Attorney For Criminal Sale Of A Controlled Substance In The Fifth Degree (NY PL 220.31) Arrest In Rochester, NY Area

Criminal Sale of a Controlled Substance in the Fifth Degree (NY PL 220.31) is the lowest-graded criminal sale charge available to Rochester prosecutors, but is still a D Felony with a possible sentence of one to two and half years in prison. Knowingly and unlawfully selling a controlled substance, even in small amounts, is all […]

Can A Felony DWI Charge Be Reduced To A Misdemeanor Before Trial In Rochester?

When a Rochester resident is arrested for a felony level drinking and driving offense, the case will be removed from the local court and presented to a grand jury. At the grand jury, the prosecution will present its evidence and, if the jurors agree the charges are supported, the defendant will be indicted on the […]

In Rochester, Does The Prosecution Have To Prove The Blood Test Machine Was Working Properly?

Rochester DWI arrests where the driver takes a blood test instead of a breath test can be much more difficult to defend. The blood test is generally considered more accurate than the breath test. This does not mean, however, that the prosecution is not required to prove that the machine used to test the defendant’s […]

Why Do The Police Make You Wait Before Taking The Breath Test In Rochester?

A Rochester driver who is suspected of driving while intoxicated will almost always be asked to take a breath test. The arresting police officer, however, will not give this test immediately. Instead, the driver will be required to wait a certain amount of time – 20 minutes for most Rochester area police agencies – prior […]

What Department Rules Must The Police Follow When Giving A Breath Test In Rochester?

The newer breath test machines that are used in the Rochester area have taken much of the discretion away from police officers when determining whether a driver is intoxicated. On newer machines, the breath test operator’s primary role when conducting the test is to input information into the device, which performs many of its functions […]

Wouldn’t It Be Better If The Police Gave An Intoxicated Driver Two Breath Tests?

When A Rochester area driver is stopped for drinking and driving and agrees to submit to a breath test, he or she will only be required to provide one breath sample. While several states require defendants to provide two separate breath samples for testing, New York State law only requires one breath test. There are […]

What If A Rochester Driver Arrested For DWI Has Diabetes?

As experienced Rochester DWI lawyers, we are familiar with the efforts made over the years by law enforcement to distinguish bad driving caused by alcohol intoxication from bad driving caused by a medical condition. One of the most common medical conditions that can mimic the symptoms of intoxication is diabetes. The fact that abnormal glucose […]

Can A Rochester DWI Charge Be Dismissed At Trial Without Any Defense Being Presented?

When a Rochester driver is placed on trial for drinking and driving, the burden is on the prosecution to prove that the defendant committed the alcohol-related driving offense charged. During a typical trial, the prosecution must present its case first, and the defendant is under no obligation to present any defense at all if he […]