When a trial in conducted in the Rochester area where the defendant has been charged with a drinking and driving offense based on his or her blood alcohol content when driving – such as Driving With A Blood Alcohol Content Of .08% Or Greater or Aggravated Driving While Intoxicated, per se – the results of […]
Category Archives: DWI-DUI Arrests
A driver convicted of Driving While Intoxicated faces serious penalties and needs the help of an experienced Rochester DWI lawyer. While the judge must remain within certain parameters when determining issues such as whether to impose jail or probation, the amount of any fines, and the length of any driver’s license revocation, an experienced lawyer […]
In every Rochester area drinking and driving case involving a breath test, a chemical mix known as a “simulator solution” will be used to make sure the breath test machine is working properly. This solution is supposed to consist of distilled water mixed with a known amount of alcohol. When a defendant in a DWI […]
Obviously, there is no absolute right for a Rochester driver to withdraw a guilty plea to a drinking and driving charge at any time. Allowing DWI or other criminal defendants to withdraw a guilty plea simply because they changed their mind or did not like the sentence imposed would make it very difficult on the […]
It is not unusual in Rochester area courts for a driver charged with Driving While Intoxicated (DWI), which a misdemeanor, to be convicted after trial of the lesser offense of Driving While Ability Impaired by Alcohol (DWAI), which is normally only a traffic infraction. A DWAI charge may be raised to a misdemeanor, however, if […]
A Rochester resident arrested for drinking and driving has all the rights of a defendant not only under New York State law, but also under federal law. The Sixth Amendment of the U.S. Constitution specifically requires that anyone accused of a crime be given the opportunity to confront the witnesses in his or her case. […]
When a Rochester driver takes the breath test after being stopped on suspicion of drinking and driving, the breath test machine uses a mixture known as a “simulator solution” to test the accuracy of the machine. The simulator solution contains a known amount of alcohol.If a simulated breath test using this solution yields the correct […]
When a Rochester resident is arrested for a felony level drinking and driving offense, the case will be removed from the local court and presented to a grand jury. At the grand jury, the prosecution will present its evidence and, if the jurors agree the charges are supported, the defendant will be indicted on the […]
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 […]
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 […]