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.…
As experienced Buffalo DWI lawyers, there are several areas we explore to determine whether the breath test result obtained by law enforcement is accurate and reflects the amount of alcohol actually in a client’s system at the time of arrest. The breath test machine is not a perfect device. While it generally is considered accurate…
A Buffalo driver convicted of Driving While Intoxicated or other alcohol-related offenses faces very serious consequences at sentencing, including loss of driving privileges, substantial fines, and possible jail time. As with any conviction, it may be possible to appeal the DWI conviction, the sentence imposed, or both to a higher court. It is important, however,…
There are many situations where a custodial parent may want to take steps to prevent a child from being taken overseas during visitation with their other parent. In military families, one spouse may be assigned to duty stations abroad. Many families involve a spouse who is a foreign national or has close family ties in…
In most circumstances, a prenuptial agreement allows two parties to clarify matters of property and inheritance at the outset of a marriage, protecting each in the event of a divorce. There are instances where a pre-nup can’t be enforced in a Rochester court, though, and it isn’t unheard of for a court to rule that…
Things can get messy fast when one spouse files for divorce, and we see a lot of clients who believe they can lock their spouse out of their shared home in retaliation. In truth, this is an illegal act, but you should be cautious in how you proceed as you try to regain access to…
Yes, and it often is. Erie County’s Office of Child Support Enforcement will manage the collections process and any delinquent payments. If your spouse is not employed, or not traditionally employed, the task can be more complex. Enforcement against a spouse who doesn’t have paychecks administered by an employer often involves alternative approaches that a…
It may not be. A prenuptial agreement that wasn’t entered into by two fully informed spouses can be attacked in a divorce, and in some cases, New York courts have found that these agreements are not enforceable and have set them aside. These cases tend to be complicated and involve a lot of back and…
As experienced Buffalo DWI attorneys, we understand that there are many ways a conviction for drinking and driving may impact a client’s life aside from any court-ordered sentence. Driving While Intoxicated is considered a crime in New York State. As a result, it carries many of the same personal and social consequences that other criminal…
