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 […]
Author Archives: Friedman & Ranzenhofer
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]