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 […]
A past conviction for Criminally Using Drug Paraphernalia in the Second Degree, which is a class A misdemeanor, sets you up for additional penalties if you’re charged and convicted again. As a repeat offender, you’ll be charged with Criminally Using Drug Paraphernalia in the First Degree (NY PL 220.55), which bumps your charge to a […]
Violations of Criminal Sale of a Controlled Substance in the Fourth Degree or Third Degree can draw additional charges in several circumstances. When the seller is an adult over the age of 21 and the buyer is a minor under the age of 17, Rochester prosecutors will charge you with Criminal Sale of a Controlled […]
While consensual conduct is usually not criminalized in New York, there are exceptions. Individuals who knowingly and intentionally inject an illegal narcotic drug into another person, with that person’s consent, can be prosecuted in Rochester under Criminal Injection of a Narcotic Drug (NY PL 220.46). This is a class E felony, and if convicted you […]
No, if your divorce in Rochester ends up litigated, the issues will be heard by a judge, who will issue a ruling without the presence of or input from a jury. This is a positive in most people’s view, because of the built-in privacy protection of not using a panel of strangers to decide difficult […]
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 […]
Many Rochester drivers who are convicted of a drinking and driving offense are required to have an ignition interlock device installed on any vehicle they wish to continue operating for work or school. The installation of an ignition interlock device is mandatory for most misdemeanor and felony DWI offenses. The purpose of the ignition interlock […]