Like most experienced Rochester DWI lawyers, we have seen drivers arrested for drinking and driving under a variety of circumstances. While New York’s DWI laws can be quite broad regarding where an arrest may be made, there are circumstances under which a driver’s rights not to be subject to illegal search and seizure by law […]
All Rochester area police departments currently use breath test machines that provide a printout of the defendant’s breath test score. This breath test score may be used to support a charge of Driving With A Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se, which requires a breath test score […]
Anyone arrested for drinking and driving who has prior alcohol-related driving offenses requires the help of an experienced Rochester DWI lawyer. A driver who is arrested for Driving While Intoxicated, Driving With .08% or Greater Blood Alcohol Content or Aggravated Driving While Intoxicated per se and has been convicted of one or more of these […]
The least serious drinking and driving charge that a Rochester driver over the age of eighteen may face is Driving While Ability Impaired by Alcohol. For a first time offender, this charge will usually be classified as a traffic infraction, which is not a crime. This means that someone convicted of this drinking and driving […]
While attitudes about marijuana and the laws that govern its use are experiencing a sea change today, it is still against the law for most people to possess even small amounts of marijuana in Rochester. If you’re caught with a very minor amount, you may be charged with Unlawful Possession of Marijuana (NY PL 221.05). […]
If you’re caught in possession of eight ounces or more of marijuana, you have graduated to the felony level of pot possession. Under Criminal Possession of Marijuana in the Third Degree (NY PL 221.20), you’ll be charged with an E felony, and because it’s a drug charge, you’ll face heightened penalties. For instance, in a […]
If you’re caught with more than two ounces of pot, Rochester prosecutors are within their rights to charge you under NY PL 221.15, Criminal Possession of Marijuana in the Fourth Degree. This is a class A misdemeanor, but don’t make the mistake of thinking that misdemeanor punishments are no more than a slap on the […]
There are two forms of Aggravated DWI charges that may be filed in New York State – Aggravated DWI per se and Aggravated DWI With A Child. Even if a Rochester driver is a first time offender, he or she may be charged with either of these offenses under the right circumstances. While the names […]
Most Rochester DWI arrests involve the driver being asked to take a breath test. Aside from the fact that a breath test score of .08% or higher may result in the defendant being charged with Driving With a Blood Alcohol Content of .08% or Greater, and a score of .18% or higher may result in […]
As experienced Rochester DWI lawyers, we have seen people arrested for drinking and driving under a variety of circumstances. In a “typical” DWI case, the police officer will have observed the defendant driving before making a decision to pull the car over. There are cases, however, where the police officer will not have observed the […]