Author Archives: Friedman & Ranzenhofer

Can A Boater In The Rochester, NY Area Be Forced To Take A Blood Alcohol Test To Determine Intoxication?

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 […]

What Is The Walk-And-Turn Field Sobriety Test Used In Rochester Area DWI Stops?

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 […]

Can Extrapolation Be Used As A Defense In A Rochester Area DWI Case?

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 […]

Can New York State Fine Out-Of-State DWI Defendants Who Refused The Breath Test?

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 […]

What Is The Normal Sequence Of Events In A Rochester DWI Case?

Most Rochester area residents arrested for drinking and driving have no familiarity with the criminal justice system and little knowledge of the steps involved in prosecuting their case. Unfortunately, each case is unique, and there is no absolute formula that will be followed in all drinking and driving cases. The information below, however, sets forth […]

In Rochester, What Is The Intoxilyzer And How Does It Work?

The Intoxilyzer is a breath test machine that has been used in New York State in various forms for many years. While it has never been a particularly popular model among the law enforcement agencies in the Rochester area, it has seen extensive use in other parts of the state. There have been several different […]

Who Can Draw Blood If A Snowmobiler Is In A Rochester DWI Accident?

Rochester snowmobilers are subject to similar laws as car drivers when it comes to drinking and driving. This means that when a snowmobiler is involved in an accident involving serious injury or death, the snowmobiler may be compelled to take a blood test for alcohol if there is reason to suspect that he or she […]

Criminal Possession Of Marijuana (Marihuana) In The Third Degree (NY PL 221.20) Defense Lawyer In The Rochester, NY Area

Criminal Possession of Marijuana in the Third Degree (NY PL 221.20) is the first of the Criminal Possession of Marijuana charges to rise to the felony level in Rochester. If you were caught in possession of an amount of marijuana weighing between 8 ounces and 16 ounces (one pound), then you will be prosecuted under […]

Defense Attorney For Criminal Possession Of Marijuana (Marihuana) In The Fourth Degree (NY PL 221.15) Charges In The Rochester, NY Area

Criminal Possession of Marijuana in the Fourth Degree (NY PL 221.15) is an A Misdemeanor in Rochester, meaning that if you’re convicted, you could face up to a year in prison. The charge alleges that you knowingly possessed marijuana in an amount between two and eight ounces. There are a number of approaches that a […]

Criminal Possession Of Marijuana (Marihuana) In The Fifth Degree (NY PL 221.10) Defense Attorney In The Rochester, NY Area

Rochester prosecutors take drug charges seriously, even when the issue is a small amount of marijuana. If you’ve been caught with a quantity of marijuana over 25 grams but less than two ounces, or if you’ve been caught with marijuana “burning or open to public view” in Rochester, you’ll likely face a Criminal Possession of […]