Most Rochester residents are aware that anyone arrested for a crime – including a drinking and driving offense – has the right to remain silent and cannot be forced to testify against themselves at trial. Whether it is a good idea for a defendant to forego this right and testify at a DWI trial depends […]
Author Archives: Friedman & Ranzenhofer
Criminal Sale of Marijuana in the Fifth Degree (NY PL 221.35) is slightly misnamed, as a commercial transaction is not required in order to be convicted. If you sell, or even give away, two grams or less of marijuana, or one marijuana cigarette, you can be charged with this B Misdemeanor. Conviction carries a potential […]
When you’re caught in possession of more than 10 pounds of marijuana in Rochester, prosecutors will charge you with Criminal Possession of Marijuana in the First Degree (NY PL 221.30), a Class C Felony that can land you in state prison for as long as five and a half years, with a mandatory one year […]
Criminal Possession of Marijuana in the Second Degree (NY PL 221.25) is a D Felony in Rochester, and conviction will put you in state custody for at least a year, and as long as two and half years. Prosecutors take these types of charges very seriously, and given the quantity of marijuana involved, it’s entirely […]
Yes, when a divorce is finalized in Rochester, the orders issued by the court are to be followed to the letter. If your former spouse is disregarding the terms of the Judgment of Divorce, you are entitled to relief. Usually, just bringing the matter to the attention of the judge is adequate to resolve the […]
Many law enforcement agencies in the Rochester area conduct breath tests in DWI cases using a machine called the DataMaster, which is manufactured by National Patent Analytical Systems. While there are a few different versions of the DataMaster currently in use, they all work in essentially the same fashion. A driver suspected of intoxication will […]
Operating any watercraft that is propelled by mechanical means while impaired or intoxicated by alcohol is illegal on all the waterways in the Rochester region. A boater accused of operating a vessel while intoxicated in New York State will almost always be asked to take a breath test, and refusing to do so will result […]
The Walk-And-Turn test is one of the more common field sobriety tests used in the Rochester area, and most people are familiar with the concept of a police officer asking someone suspected of drunk driving to “walk a straight line,” which is the basic form of the Walk-And-Turn test. While the Walk-And-Turn test has been […]
In some Rochester DWI cases, a lawyer may use the term “extrapolation” when discussing the breath test result. The word extrapolation generally refers to the ability to estimate a value beyond the range of what was measured based on what has been measured. In terms of the breath test, it refers to the ability estimate […]
An out-of-state driver arrested for drinking and driving in the Rochester area should consult with an experienced Rochester DWI lawyer who understands the laws for out-of-state drivers. When a New York State driver is convicted of Aggravated Driving While Intoxicated, Driving While Intoxicated, Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by Drugs […]