It is not illegal to drive after having consumed alcohol. It is illegal to drive when alcohol is impacting your ability to drive in a reasonable and prudent manner. Because of this, many people in the Rochester area will attempt to pace or limit their alcohol consumption before driving. Unfortunately, there is no absolute rule […]
Infrared breath testing is the type of breath testing most commonly used in the Rochester area. Over the past fifteen years, all law enforcement agencies in the area have discontinued the use of older style breath test machines – which used a chemical process – in favor of machines that rely on infrared technology. All […]
Operating a boat on the waterways surrounding Rochester while under the influence of alcohol can have serious consequences. A boater who is involved in an accident or stopped for violating any of the regulations surrounding operation of a vessel is required to submit to a test of his or her breath, blood, saliva or urine […]
Stalking in the First Degree (NY PL 120.60) in Rochester is the allegation that in the course of stalking a victim, you intentionally or recklessly cause physical injury to the victim. You can also be charged if, in the course of stalking a victim, you commit rape, forcible touching, sexual misconduct, sexual abuse, or other […]
In Rochester, Stalking in the Second Degree (NY PL 120.55) is a serious felony that can put you in prison for up to four years. The particulars of charges under NY PL 120.55 are usually related to past convictions for Stalking, or other predicate crimes. Since many of these crimes are classified as domestic violence […]
Stalking in the Third Degree (NY PL 120.50) is a Class A Misdemeanor, and conviction by Rochester prosecutors can lead to a year in prison. There are several types of conduct and circumstances that can lead to a charge of Stalking in the Third Degree, but it is typically charged when a defendant has previously […]
Your attorney should review the specifics, but it may be necessary to seek pendente lite relief if your spouse has taken unilateral actions to prevent a previously agreed upon sale in Rochester. If the sale was agreed to in writing, you’ll have a stronger case, but even without a written agreement, it’s very likely that […]
When a Rochester resident is stopped for drinking and driving, the police officer will commonly ask the driver to perform several field sobriety tests – such as walking a straight line or counting backwards. There are a number of different tests that law enforcement officers may use, some of which are of very questionable value […]
It is standard procedure in Rochester DWI cases for the arresting officer to request that the driver submit to a breath test. A breath test that results in a finding that the defendant’s blood alcohol content is .08% or greater is considered strong evidence that the defendant is intoxicated and can be very damaging to […]
Most Rochester drivers are probably aware that refusing to take the breath test after being stopped for drinking and driving will result in the driver losing his or her driver’s license. Many people, however, do not know their rights if a police officer asks them to perform field sobriety tests – such as reciting the […]