Author Archives: Friedman & Ranzenhofer

What If Mixing Alcohol And A Prescription Medication Causes Impairment In Rochester?

As experienced Rochester DWI lawyers, we are aware that for many years, New York State has struggled with the issue of how to handle impaired driving cases involving interactions between either alcohol and drugs or the interaction of multiple drugs. While the state created the offense of Driving While Ability Impaired by the Combined Influence […]

In Rochester, What Happens If A DWI Defendant Was Outside The Vehicle But Admits To Driving?

Most Rochester drinking and driving arrests involve a police officer observing some form of erratic driving and pulling the defendant over. However, in some cases – for example, where the vehicle was involved in a one car accident and the police do not arrive at the scene until later – no one may have actually […]

What Is The Legal Standard For DWI In Comparison To DWAI In Rochester?

The most commonly charged drinking and driving offense in the Rochester area is Driving While Intoxicated (DWI). New York law defines this offense as operating a motor vehicle “in an intoxicated condition.” The lesser offense of Driving While Ability Impaired by Alcohol (DWAI) is defined as operating a motor vehicle while “impaired by the consumption […]

Defense Lawyer For An Arrest For Criminal Possession Of A Controlled Substance In The Fifth Degree (NY PL 220.06) In The Rochester, NY Area

It’s a fact of life that a lot of people in Rochester use controlled substances recreationally, and while some may have substance abuse problems, it’s hard to see how criminal sanctions are the answer when someone is caught with a small amount of a controlled substance. With Criminal Possession of a Controlled Substance in the […]

Criminal Possession Of A Controlled Substance In The Seventh Degree (NY PL 220.03) Criminal Defense Attorney In The Rochester, New York Area

Knowingly and unlawfully possessing a Schedule I, II, III, IV, or V drug in Rochester is charged as Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), a Class A Misdemeanor that can lead to a sentence of up to one year, with fine of not more than $1,000. Fortunately, there […]

Defense Attorney For An Arrest On The Criminal Sale Of Marijuana (Marihuana) In The First Degree (NY PL 221.55) Charges In The Rochester, NY Area

Criminal Sale of Marijuana (Marihuana) in the First Degree (NY PL 221.55) is an extremely serious drug charge in Rochester that carries a sentence of between one year and five and a half years. As a Class C Felony, sales of over 16 ounces (one pound) of marijuana mean that conviction will leave you with […]

Is Our House A Marital Asset In A Divorce In Rochester?

For most couples considering divorce in Rochester, their home is their most valuable asset, but it is also a possession uniquely filled with memories and hopes. How it is handled in the divorce is of overarching concern to both parties. There are general rules that govern how the house is handled, in keeping with New […]

Why Is It Called A “Breathalyzer” Test In Rochester?

It is common for people in the Rochester area to refer to the breath test used to determine a driver’s blood alcohol content as a “breathalyzer” test. The use of this term goes back many years. In its original meaning, it refers to a specific type of breath test machine that was widely used in […]

What Are The Speedy Trial Time Limits In Rochester For Drinking And Driving Charges?

When a Rochester driver is arrested for drinking and driving, how long the prosecution has to bring the case to trial depends on the specific alcohol-related offense charged. If the highest offense charged is a misdemeanor, the prosecution has ninety days from the commencement the criminal action to declare readiness for trial. This applies to […]

In Rochester, When Can A Police Officer Legally Pull Over Someone For DWI?

There are specific rules regarding when the police can pull over any Rochester driver, regardless of whether that driver is suspected of drinking and driving. It is illegal for a police officer to pull over anyone without a proper basis. If the arresting officer in a DWI case cannot establish that he or she had […]