Any defendant convicted of a drinking and driving offense at trial has the right to appeal the conviction, the sentence or both. Anyone considering doing so, however, may wish to consult with an experienced Rochester DWI lawyer to determine the likelihood of an appeal being successful. It is unusual for the ruling of a trial […]
Category Archives: DWI-DUI Arrests
The rules surrounding what prosecutors in Rochester 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 […]
If a Rochester area driver is stopped by a New York State Police Officer on suspicion of drinking and driving, odds are that he or she will be asked to take a breath test using a machine called the Alcotest Model 9510. This machine, which is the one most commonly used by the New York […]
A typical Rochester 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 […]
When a Rochester 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 […]
With winter approaching, Rochester area snowmobilers should be aware that it is not only illegal to operate a snowmobile on a street while under the influence of alcohol, but also on public trails and even the private property of another person. For first time offenders, New York’s Snowmobiling While Intoxicated laws largely mirror its laws […]
As experienced Rochester DWI lawyers, we have seen many innovations over the years designed to reduce the frequency of motor vehicles being operated while the driver is under the influence of alcohol. Most of these changes have involved increased penalties for drinking and driving offenses and changes to the manner in which the laws are […]
When a Rochester driver is involved in a motor vehicle accident resulting in serious injury or death and refuses to submit to a breath test or a blood test, the police department investigating the collision may require the driver to undergo a blood test to determine the amount of alcohol in his or her blood. […]
Most Rochester residents are familiar with the idea that someone placed under arrest should be “read his rights” by law enforcement. These rights, also known as Miranda Warnings, include constitutional rights to remain silent when questioned and the right to an attorney. Unfortunately for those stopped for drinking and driving, a failure to read these […]
It is illegal to operate a boat propelled by mechanical power on any of the waterways under the jurisdiction of New York State while under the influence of alcohol. For Rochester area residents, this includes operation on waterways adjacent to the state, such as Lake Erie and Lake Ontario, that fall under New York State […]