When a Rochester driver is arrested for drinking and driving, how long the prosecution has to bring the case to trial depends on the specific alcohol-related offense charged. If the highest offense charged is a misdemeanor, the prosecution has ninety days from the commencement the criminal action to declare readiness for trial. This applies to […]
Category Archives: DWI-DUI Arrests
There are specific rules regarding when the police can pull over any Rochester driver, regardless of whether that driver is suspected of drinking and driving. It is illegal for a police officer to pull over anyone without a proper basis. If the arresting officer in a DWI case cannot establish that he or she had […]
Rochester drivers arrested for drinking and driving who have prior DWI offenses often face increased jail time, higher fines and enhanced driver’s license penalties. Usually, the prosecution is barred – or at least severely limited – when it comes to bringing up prior offenses of other bad acts of the defendant in a criminal trial. […]
Many law enforcement agencies in the Rochester area use DWI checkpoints or roadblocks to stop vehicles for the purpose of determining whether the driver is in intoxicated. While the U.S. Supreme Court has ruled that randomly stopping vehicles at a roadblock can be legal if properly conducted, roadblocks also can be a violation of the […]
Almost all Rochester area DWI arrests result in the accused driver being asked to take a breath test to determine his or her blood alcohol level. When this request is made, some drivers will ask to speak with a lawyer before deciding whether or not to take the breath test. A refusal to take the […]
Anyone suspected of drinking and driving is required to submit to a breath, blood or urine test at the request of law enforcement. In an effort to avoid the possibility of suspected drunk drivers benefiting from not taking the breath test, New York State has passed several laws to discourage drivers from refusing the test. […]
Most Rochester residents are aware that anyone arrested for a crime – including a drinking and driving offense – has the right to remain silent and cannot be forced to testify against themselves at trial. Whether it is a good idea for a defendant to forego this right and testify at a DWI trial depends […]
Many law enforcement agencies in the Rochester area conduct breath tests in DWI cases using a machine called the DataMaster, which is manufactured by National Patent Analytical Systems. While there are a few different versions of the DataMaster currently in use, they all work in essentially the same fashion. A driver suspected of intoxication will […]
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 […]
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 […]