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Rochester Criminal Defense Blog

Why not to plead guilty to cellphone violations while driving

Since texting and driving and other activities involving the use of a smartphone while behind the wheel are statistically shown to be the cause of a great number of crashes, law enforcement and governmental agencies are taking steps to dissuade drivers from the practice. In New York State, drivers are prohibited from using portable electric devices while operating a vehicle. Included is talking on a handheld phone; messaging, reading or doing anything else with the device; taking or watching photos and videos and playing games.

If a law enforcement officer or traffic enforcement cites a driver for a violation of this law, there will be 5 points added to the violator's driver's license. Drivers who are operating with a probationary license, a Class DJ, Class MJ or a learner's permit will have the driver's license suspended for 120 days. If there are convictions of a violation again with six months after driving privileges have been restored, it will result in the driver's license being suspended for a minimum of one year. With a conventional license, for a first offense, the fine will be $50 to $200. A second offense within 18 months will result in a fine of $50 to $250. A third or subsequent offense within 18 months will result in a fine of $50 to $450.

What should I know about the New York State driver point system?

Drivers in New York State who receive a citation for committing certain violations behind the wheel will be likely have points assessed on their driver's license. People might have a vague notion of what that means, but do not fully understand how much of a costly inconvenience the accumulation of points on a license can be. It can lead to a suspended license or a revoked license. Insurance will be increased and other problems can arise. Legal help is beneficial in a traffic case.

The Driver Violation Point System is used to sanction drivers who are viewed as "high risk." Points will be assessed depending on the violation. If a driver gets 11 points within an 18-month time frame, the driver's license can be suspended. The points will not be added to the driver's license until there is a conviction, making it increasingly important to lodge a defense against the charges. The point total will be based on the date of the violation and not the date of conviction. The points that came about in the prior 18 moths will be added together to come to a total.

Large-scale investigation leads to series of drug charges

Law enforcement in Rochester and throughout New York are invested in trying to stop drug crimes from taking place and making arrests when they do. Part of this is moving forward with large-scale investigations regarding drug crimes. This can vary from lower level drug sale to higher level possession with intent to distribute. Those who are caught up in and arrested as part of a drug investigation need to make certain that they protect themselves with a legal professional experienced in defending clients for drug crimes.

An investigation resulted in 106 people being arrested in an alleged drug distribution ring. Three were from Rochester. They are alleged to have conspired with two others to send the drugs to other areas of the state for dealers and users. The investigation known as Operation Gravy Train, centered around two separate drug enterprises that sent cocaine, fentanyl and heroin to St. Lawrence County. In the arrest, the drugs were found along with weapons and cash.

Judge convicted of DWI faces problems due to alleged violations

For those in Rochester who are convicted of driving under the influence of alcohol and are facing the penalties for that action, the case is not over once the judgment has been issued. For example, there might be an ignition interlock device placed on the driver's vehicle and other attempts on the part of the court to ensure that the driver is adhering to the rules of probation. If there is a violation of probation, there can be more problems related to the drunk driving charge. It is still important to have a lawyer to provide a defense in such cases.

A City Court judge who was convicted of DWI has been ordered to return to court to answer for an alleged violation of her sentence. The court had ordered her to submit to a urine test weeks after her ignition interlock device recorded alcohol on her breath. The blood-alcohol content came to .0651. While this is less than the amount necessary for a DWI, it still violates the conditions of her sentence in which she is not to drink alcohol. According to some reports, it was not her who registered the reading, but her daughter. It is not a violation for another person to drive the vehicle with an ignition interlock device installed.

Court upholds lifetime suspension for multiple DWI offenders

New Yorkers who are arrested for on DWI charges are keenly aware of the potential consequences that go along with a conviction. However, they might not realize just how severe and life-changing the punishments can be. If there is an accident, it might be understood that the punishments are harsh, but even those who are arrested for DWI and do not have an accident will now have to be concerned about a lifetime suspension of their driving privileges.

The Court of Appeals in the state issued a 5-0 ruling to keep in place the new rules in which repeat offenders can have their driver's license suspended for life. This applies to the "worst" offenders. The judge who authored the ruling wrote that the court declines to change the initial decision made by the commissioner of the New York State Department of Motor Vehicles to penalize repeat DWI offenses.

Why fight a traffic ticket?

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You're a busy person, so getting a speeding ticket is just an annoyance. So - write the check, mail it in, and be done with it, right? That's what nine out of ten people cited for moving violations do.

Wrong. Even if you can afford the ticket, there are reasons to consider fighting it.

Legal help is vital when arrested for drug crimes in New York

Arrests for drug crimes in New York are not necessarily limited to people accused of being high-level drug dealers or distributors. These are the stories that frequently pop up in the news, but are only a percentage of the drug arrests that take place across the state.

Many arrests are linked to drug possession. Some of these involve college students who were using the drugs for recreational purposes but will still face the consequences of the arrest and potential conviction. Regardless of the charges, it is essential to have legal protection that will be provided by a lawyer.

Man faces DWI charges after breath test reveals high BAC level

In New York State, driving under the influence can cause major, long-term problems for anyone convicted of it. Law enforcement is in a constant state of awareness of drivers who might be under the influence and will not hesitate to make a traffic stop to investigate.

Those who are stopped by the police and arrested for drunk driving might feel a certain amount of concern and even embarrassment for what happened, but that does not mean they should automatically accept the penalties. Regardless of the circumstances, it is vital to prepare a defense.

6 men, including a doctor, arrested on prostitution charges

It is illegal to take part in prostitution in New York State in any respect. When arrested on prostitution charges, there can be penalties assessed including fines and jail time. Even worse is the stigma that is attached to the charges. People might have their family life and employment negatively affected by the mere allegations of being involved with prostitution. Regardless of the situation, one of the key factors in a prostitution case is to lodge a strong criminal defense. It might be possible to reduce the charges or gain an outright acquittal. This can be key to moving forward with one's life after the arrest.

A law enforcement sting led to the arrest of six men in Upstate New York who are accused of seeking to meet with a prostitute. One is a doctor in the area. The doctor, 47, has worked in the area for 15 years and received a leave of absence from his job due to the arrest. He was charged with third-degree patronizing a person for prostitution. It is a misdemeanor. The men all received desk appearance tickets.

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