Author Archives: Friedman & Ranzenhofer

Can Someone Charged With Driving While Intoxicated In The Rochester Area Plead Guilty To A Traffic Ticket?

Most Rochester area drivers are familiar with the idea that when you are stopped for committing a traffic violation – such as speeding – you often can plead guilty to a lesser offense or even a parking ticket. While plea bargaining is possible in some DWI cases, New York State has specific rules limiting the […]

Can A Driver Ever Be Forced To Submit To A Blood Alcohol Test In The Rochester Area?

Anyone detained for suspicion of drinking and driving is assumed to have consented to taking a breath, blood or urine test under New York State law. The term used by Rochester DWI lawyers to describe this assumption is “implied consent.” Implied consent does not necessary mean that a driver can be forced to take a […]

What Is An Alcosensor Test In The Rochester Area?

Some Rochester residents who are stopped for DWI may be confused because they are asked to submit to a breath test both at the location where they were stopped and again back at the police barracks. These two tests actually involve two different breath test machines and are used for different purposes by the prosecution. […]

What Are The Penalties For Rochester Area Drivers Who Drink And Drive Outside Of The State?

Rochester 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, […]

Can You Be Convicted Of DWI In The Rochester Area For Just Sitting In The Driver’s Seat Of A Car?

To be arrested for Driving While Intoxicated in Rochester, 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 […]

Does A Prior Out-Of-State Drunk Driving Conviction Impact A Later DWI Charge In The Rochester Area?

A Rochester 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 […]

What Is A Pre-Conviction Conditional License In The Rochester Area?

Any experienced Rochester 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 […]

My Spouse Is An Alcoholic. How Can I Prove They’re Unfit For Custody In A Rochester Divorce?

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 […]

Can My Spouse Be Compelled To Turn Over Financial Records In Our Rochester Divorce?

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 […]

How Are Our Two Incomes Used To Determine Child Support In Rochester?

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 […]