Buffalo drivers who are convicted of an alcohol-related driving offense outside of New York State cannot avoid the penalties of being convicted of DWI simply by going home and not returning to the location of the conviction. While there are limits on the authority of New York State to impose penalties for an out-of-state conviction,…
To be arrested for Driving While Intoxicated in Buffalo, the law requires that the defendant be “operating” a motor vehicle. In most cases, operation will not be an issue because the driver will have been stopped while driving a moving vehicle. In cases where the driver is found asleep in a stopped vehicle or the…
A Buffalo driver who has previously been convicted of drunk driving may face enhanced charges and penalties, even if the prior conviction took place outside of New York State. Because modern technology has allowed police agencies and the departments of motor vehicles in different states to share information much more easily, a defendant cannot count…
Any experienced Buffalo DWI lawyer knows that the laws surrounding driver’s licenses following an arrest for drunk driving can be very complicated. There are a variety of different driver’s licenses a defendant may hold before re-obtaining a full license, each with its own limitations. A Pre-Conviction Conditional License is one type of limited driver’s license…
A history of substance abuse, whether alcohol, drugs, or prescription drugs, is something that judges consider very closely when reviewing custody petitions. Most problem drinkers will have indicators in their financial records of purchases at liquor stores, meals in restaurants and bars that cost far more than food alone, or even a history of seeking…
Yes, you and your spouse will be required to turn over a statement of net worth and any other relevant financial disclosures during the discovery phase of your divorce. If additional records are needed, such as if you believe your spouse is hiding cash or assets, the court can compel your spouse to provide additional…
Child support calculations are fairly complex, but as a general proposition, the court will look at the couple’s combined income and the number of children they share, then determine a percentage of the combined income to provide for the needs of the children. The non-custodial parent will then be ordered to pay an amount proportional…
Custody matters that include allegations of abuse are extremely difficult for the parent being accused, but unfortunately this scenario is all too common. In cases where abuse is alleged, it’s important that the parent rebut allegations with factual, clear responses. For instance, if your child once fell while playing and was taken to the emergency…
In many divorce situations, there is so much animosity between the parties that one or both may somehow feel justified in exaggerating or even fabricating allegations of misconduct against the other. Unfortunately, there’s no real way to prevent your spouse from making false allegations against you, but once it’s clear that this will be the…
Most Buffalo drivers arrested for DWI are operating cars, trucks or similar machines. All of New York’s anti-drinking and driving offenses – including Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Alcohol, and Aggravated Driving While Intoxicated – specifically apply only to the operation of…
