It is illegal to operate a boat while under the influence of alcohol or drugs on any of the public waterways in the Rochester area. The New York State laws surrounding Boating While Intoxicated mirror, to a large extent, the laws for operating a motor vehicle while intoxicated. This includes the possibility of enhanced charges […]
Category Archives: DWI-DUI Arrests
When a Rochester driver is suspected of drinking and driving, law enforcement will usually ask that driver to take a breath test. Because the defendant’s breath test score can be a very important piece of evidence in any DWI case, New York State has passed laws designed to strongly encourage drivers stopped on suspicion of […]
A Rochester 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 […]
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 […]
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 […]
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. […]