Rochester Criminal Defense Blog

Man arrested for drunk driving after accident

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, November 8, 2018.

In Rochester and the surrounding areas, drivers are advised to adhere to the speed limits and refrain from driving under the influence. When there is a crash, law enforcement will immediately seek to discern if there were issues with the driver that could have sparked the accident. This is true whether it is a single-car crash or there was more than one vehicle involved. If it is believed that alcohol or other intoxicating substances were a factor in the accident, there will likely be DWI charges. It is important to understand the potential consequences and formulate a strong legal defense.

A car accident led to a man being arrested on DWI charges. When first responders arrived at the scene, they concluded that the driver had lost control of his vehicle and crashed. It rolled over and hit a fence. Speed is believed to have factored into the accident, and investigators believe the driver failed to navigate a turn when he crashed. After investigating the accident, law enforcement determined that the driver was under the influence and arrested him.

How speeding affects your NY driver’s license

On the behalf of The Law Office of James L. Riotto on Thursday, November 8, 2018.

When you are driving through the Albany corridor, keeping your speed constant and controlled can be challenging. When heading to Buffalo on I-90, the temptation to accelerate can be even more impossible to resist. If you have received a speeding ticket, though, your New York driver’s license may be in jeopardy. Because losing your driving license is probably not an option, you should know how the New York point system affects it.

In New York, accumulating 11 points in an 18-month period could lead to a suspension of your driver’s license. For many motorists, this allotment is generous enough to avoid a suspension or revocation of driving privileges. If you regularly exceed the speed limit or otherwise violate traffic laws, however, you may be in trouble. Also, if you accumulate more than 6 points in an 18-month period, you may have to pay a driver responsibility fee.

Florida man charged with disorderly conduct at New Era Field

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Friday, November 2, 2018.

Sports rivalry games can become aggressive with both on-field animosity and ribald antics in the stands. In what should have been considered a harmless prank, a Florida man now faces a legal nightmare following the recent New England Patriots versus Buffalo Bills Monday Night Football matchup in New York. Michael Abdallah has been arrested for disorderly conduct - creating a hazardous/offensive condition - after allegedly throwing an object onto the field during the game.

What if I drive with a revoked or suspended license in New York?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, November 1, 2018.

When a New Yorker has their driving privileges revoked or suspended, they are confronted with the reality that they cannot legally drive. For many, this is a problem as they need their vehicle to get back and forth to work, for family reasons and more. Some will make the mistake of driving with a revoked or suspended license. This is treated seriously under the law and it is imperative to have a strong defense.

When a person drives with a suspended or revoked license, they will be charged with Aggravated Unlicensed Operation. If it is AUO in the third degree, it is a misdemeanor. The penalties will be a mandatory fine of $200 to $500. There will be a mandatory surcharge and the potential for up to 30-days incarceration or probation. If it is AUO in the second degree, it is also a misdemeanor. When the driver had a previous conviction for driving with a revoked or suspended license in the last 18 months and it was because of a third-degree violation and conviction, there can be a maximum fine of $500. There will also be a mandatory surcharge and mandatory incarceration for as much as 180 days or probation.

Fatal motorcycle accident leads to felony DUI for driver

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, October 25, 2018.

When a car accident in New York causes injuries or death, one of the key parts of the investigation is determining if one of the drivers was under the influence. The penalties for a DUI conviction after a fatality are significant and can send an otherwise law-abiding citizen to jail for an extended period. Having legal assistance is imperative to craft a defense against these criminal charges.

A man driving a Subaru crashed into a motorcyclist when the man turned into the path of the motorcycle. The motorcyclist was declared dead at the scene of the crash. After the accident, the driver was arrested for DUI. However, the charges have been raised to second-degree manslaughter, which is a felony.

What happens if one refuses a breath test?

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, October 18, 2018.

Drivers in New York who are stopped by law enforcement and asked to take field sobriety tests or submit to a chemical test will often be confused as to what their rights are. Many might be under the impression that refusing a breath test or declining to take part in field sobriety tests falls under their legal rights. This is a mistake.

When a person has a driver's license, they give implied consent to take part in these tests when asked to do so by a law enforcement officer. The goal of the breath test is to determine the blood-alcohol content. If a driver refuses, this can have serious consequences, even if the person was not legally under the influence at the time. To defend against these charges, legal help is imperative.

Do I need to hire an attorney for my traffic violation?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Tuesday, October 16, 2018.

Most people assume that a traffic violation is something they can handle on their own. Given the fact that the general public often views traffic violations as minor offenses, they do not get a lot of attention and certainly are not the first type of violation you may think of hiring an attorney to handle.

However, depending on the unique circumstances of your traffic violation, an attorney may be an essential component in helping you avoid serious and costly consequences you may not be aware of. Consider the following information as you decide whether or not you need an attorney to assist you with your traffic violation.

Man arrested on drug charges, DWI and more after traffic stop

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, October 11, 2018.

For people in Rochester and throughout Upstate New York, a simple traffic stop because of an equipment issue or due to a minor violation can lead to major criminal charges if there are other issues at hand. For example, if the person is alleged to have drugs in the vehicle and is under the influence, the minor investigation can blossom into a litany of allegations including drunk driving charges, drug charges and more. Since a conviction on these charges can have a long-term impact on a person's life, a legal defense can make all the difference in a case and should not be ignored.

A 21-year-old man who was stopped for what initially appeared to be a traffic violation was arrested on multiple charges related to drugs and DWI. After the stop, law enforcement searched the vehicle. During that search, there were numerous drugs found including marijuana, Xanax, cocaine, and "magic" mushrooms. The man was also alleged to be operating the vehicle with his ability impaired. Since he had a 16-year-old female in the vehicle with him, he is also facing charges for unlawful dealing with a child. The man stated he was heading for a party. He now must deal with the charges ranging from fourth, fifth and seventh degree drug possession and DWI-drugs.

What penalties will a commercial driver face for DWI offenses?

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, October 4, 2018.

Being arrested and charged with driving while intoxicated in New York State carries with it serious potential consequences should there be a conviction. Anyone who is confronted with allegations of DWI offenses must be cognizant of what they can face, but it is even more important for those who are commercial drivers and need their Commercial Driver License to make a living. Losing a CDL is problematic enough, but when seeking jobs even after the license has been reinstated can be made more difficult when there are DWI offenses on the record.

Understanding how commercial drivers are treated with a DWI and how it can impact their life is crucial. It is also imperative when planning a defense. A CDL -- whether it is A, B or C -- gives the driver greater responsibility to adhere to the law when it comes to blood-alcohol content (BAC) if there is a test to see if the he or she is under the influence. A driver with a CDL who is convicted with a BAC of .04 percent or more will have the CDL revoked for one year. If the driver is operating a vehicle that must have placards denoting hazardous materials are being carried, it is three years.

Woman faces DUI charges and other allegations after fleeing

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, September 27, 2018.

In Rochester and the surrounding areas of New York State, law enforcement is out in force seeking drivers who might be operating a vehicle under the influence of alcohol or drugs. Since driving under the influence of alcohol or drugs is considered such a dangerous act that can lead to accidents and injuries, the law has a litany of potential consequences that can be very severe if there is a conviction. After an arrest, those who are facing charges must make certain they protect themselves and craft a strong defense with help from a lawyer.

A 20-year-old woman has been arrested on several charges related to driving while ability impaired. Law enforcement attempted to stop the woman's vehicle at shortly before 8 p.m. She fled from them and officers pursued her. She continued until stop sticks were put in the roadway so her vehicle would be disabled. After the vehicle was stopped, she got out of the vehicle and tried to run. She was caught and arrested. She now faces charges of DWAI for drugs, fleeing law enforcement, reckless driving, speeding and more.