Does A Felony Buffalo, NY DWI Defendant Get To Testify In Front Of The Grand Jury?

A Buffalo driver arrested for a felony level drinking and driving offense faces very severe consequences. Because felony level offenses are considered very serious, New York State requires that cases involving potential felonies be screened by a grand jury before the prosecution may proceed with any felony charges. A DWI charge may only proceed as…

Why Does The Prosecution Usually Only Need One Record Of Inspection For The Breath Test Machine In Buffalo?

The rules surrounding what prosecutors in Buffalo area DWI cases must prove to have the breath test score admitted as evidence has developed over decades based on a variety of different court rulings. While the court in any DWI should require that the prosecution establish that the machine was working properly at the time the…

Penalty For Operating As A Major Trafficker (NY PL 220.77) In Buffalo

Buffalo Penalties For Operating As A Major Trafficker (NY PL 220.77) Buffalo prosecutors don’t play small when they believe they’ve caught someone responsible for directing large drug operations. Under Operating as a Major Trafficker (NY PL 220.77), they can ask the court for a sentence of life in prison if you’re convicted. At the very…

Penalty For Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) In Buffalo

Buffalo Penalties For Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) Criminal Sale of a Prescription for a Controlled Substance (NY PL 220.65) is a crime that Buffalo prosecutors will charge when a licensed practitioner, such as a pharmacist, dentist, veterinarian, or doctor, sells a prescription for a controlled substance to…

Penalty For Criminal Possession Of Precursors Of Controlled Substances (NY PL 220.60) In Buffalo

Buffalo Penalties For Criminal Possession Of Precursors Of Controlled Substances (NY PL 220.60) Possessing the precursor chemicals that are used in the manufacture of various drugs is a serious crime in Buffalo, and will often result in a higher sentence than simply possessing a small amount of the drug itself. As a class E felony,…

Do The Police Have To See Someone Driving To Arrest Them For DWI In Buffalo?

A typical Buffalo DWI arrest involves a member of law enforcement claiming to have personally observed one or more moving infractions committed by the defendant, leading the police officer to pull over the defendant and investigate him or her on suspicion of drinking and driving. While there is no requirement that the police officer actually…

What Does The Court Give A Driver When Issuing A Hardship Driver’s License In Buffalo?

When a Buffalo driver is arrested for drinking and driving, his or her driver’s license will usually be suspended at the first court appearance. This involves the physical confiscation of the driver’s license. Because the driver will not be will eligible for a pre-conviction conditional driver’s license issued by the Department of Motor Vehicles until…