Rochester DWI arrests where the driver takes a blood test instead of a breath test can be much more difficult to defend. The blood test is generally considered more accurate than the breath test. This does not mean, however, that the prosecution is not required to prove that the machine used to test the defendant’s […]
Author Archives: Friedman & Ranzenhofer
A Rochester driver who is suspected of driving while intoxicated will almost always be asked to take a breath test. The arresting police officer, however, will not give this test immediately. Instead, the driver will be required to wait a certain amount of time – 20 minutes for most Rochester area police agencies – prior […]
The newer breath test machines that are used in the Rochester area have taken much of the discretion away from police officers when determining whether a driver is intoxicated. On newer machines, the breath test operator’s primary role when conducting the test is to input information into the device, which performs many of its functions […]
When A Rochester area driver is stopped for drinking and driving and agrees to submit to a breath test, he or she will only be required to provide one breath sample. While several states require defendants to provide two separate breath samples for testing, New York State law only requires one breath test. There are […]
As experienced Rochester DWI lawyers, we are familiar with the efforts made over the years by law enforcement to distinguish bad driving caused by alcohol intoxication from bad driving caused by a medical condition. One of the most common medical conditions that can mimic the symptoms of intoxication is diabetes. The fact that abnormal glucose […]
When a Rochester driver is placed on trial for drinking and driving, the burden is on the prosecution to prove that the defendant committed the alcohol-related driving offense charged. During a typical trial, the prosecution must present its case first, and the defendant is under no obligation to present any defense at all if he […]
Most Rochester residents are aware that it is legal for them to consume a certain amount of alcohol and still drive a motor vehicle. Many people adhere to a formula, such as if they have one alcoholic drink per hour or less, they can still safely operate a motor vehicle. Unfortunately, there is no precise […]
Rochester prosecutors are strongly invested in preventing young people from being coerced into or otherwise involved in drug trafficking rings. To this end, Use of Child to Commit a Controlled Substance Offense (NY PL 220.28) will be charged when a defendant over the age of 18 committed or attempted to commit a felony drug sale, […]
In many drug arrest cases in Rochester, police don’t only take the person in possession into custody, but also the people in a car or home as well. Under NY PL 220.25, police are allowed to make the presumption that, under certain circumstances, other people near controlled substances or a person in possession of controlled […]
Criminal Possession of a Controlled Substance in the First Degree (NY PL 220.21) is Class A-I Felony in Rochester, and conviction can result in a minimum sentence of between 15-40 years, and as long as life in prison. This is obviously an extremely serious charge. There are two instances under which prosecutors use NY PL […]