Law Office of James L. Riotto
Call Today 585-340-7903

Rochester Criminal Defense Blog

Asserting a defense against a texting and driving violation

Lets face it; no one enjoys getting pulled over by law enforcement. When a motorist sees the lights of a police officer in his or her rear view mirror, one is likely nervous and even questioning what they did wrong to get pulled over. Was I speeding? Did I forget to use a turn signal? These are common causes for traffic stop; however, because of the growing concerns with distracted driving, many motorists in New York and elsewhere are being pulled over for cell phone use.

Much like most states have campaigns against drunk driving, the state of New York has a campaign against texting and driving. Because distracted driving is considered just as dangerous as drunk driving, law enforcement treats it just as serious as well. According to New York State law, motorists cannot use a hand-held mobile telephone or portable electronic device while he or she is driving.

Prescription drug DUI in New York

Drivers in New York state know they can face arrest and prosecution if they drive when taking illegal drugs or with a high blood alcohol content. However, contrary to the belief of many, proving you took a legal, properly prescribed medication may not get you off the hook if the officer believes taking it impaired your ability to drive.

Generally, in a DWI case based on prescription medication, prosecutors need to show you took the medication, and it affected your ability to drive. If you face charges, it is important not to give up just because you know chemical tests show you ingested the drug. Your attorney can discuss with you in deeper detail whether the facts support the allegation that you could not drive safely.

Penalties for domestic violence in New York

Although no family or relationship is perfect, they should not include acts of violence. Unfortunately, disputes break out and could get out of hand. This is where allegations of domestic violence could occur. These situations are taken seriously, as they not only hold the potential for serious criminal penalties, but a domestic abuse charge could hinder one's ability to keep his or her family together or even maintain custody or visitation rights of their children.

In the state of New York, they do not differentiate between domestic violence related crimes and other offenses. They do, however, criminalize various acts that could occur between members of the same family or household. This includes offenses such as assault, menacing, stalking strangulation and other similar offenses.

What are the laws for heroin possession in New York?

New York is tough on drugs. For the most part, this means penalizing possession of any controlled substance. However, some drugs are a greater concern for this and other states, causing state and federal laws to penalize some drugs charges harsher than others. Take heroin for example. This drug is back on the radar across the nation because of the devastating effects it has had in some high profile deaths. While it is a heavily penalized drug charge, it is possible to plead the penalties down to treatment for first time offenders.

What are the laws for heroin possession in New York? Possession charges occur for one of two reasons. First, the accused is in possession of the drug for personal use. Second, a person is in possession of heroin for sale or trafficking. Any of these situations could lead to serious penalties for the accused.

New york man faces multiple drug charges following home search

When law enforcement has their suspicion that an illegal activity is going on, they will issue a warrant. By conducting a search, officers are able to determine if their suspicions were accurate. If drug crimes are suspected, this could mean conducting a search of a home. Depending on the cope of the search, officers could uncover a wide range of evidence, resulting in the accused facing multiple drug charges.

This is what recently occurred in upstate New York. Law enforcement in Auburn was investigating the illegal sale of narcotics in the area. This resulted in police getting a search warrant issued to search the home of a local man. With the assistance of the Finger Lakes Drug Task Force, K-9 unit and the New York Army National Guard Counter Drug Task Force, the search warrant was issued at a house on Capital Street.

Penalties for boating while intoxicated in New York

During the summer months, many New Yorkers enjoy getting out on the water. A day on the boat is a great way to soak up some sun and enjoy water activities. For many, a day on the boat also means grilling and enjoying some adult beverages. While consuming alcohol on a boat is legal, consuming an amount that puts a person above the legal limit then operating a boat in not legal. Thus, individuals could face charges for boating while intoxicated if he or she is suspected of committing such a violation.

According to article 4 section 49 a of New York State Navigation Law, it is unlawful for a person to operate a vessel if he or she has a BAC of 0.008 percent or higher in their blood, breath, saliva or urine. Additionally, it is unlawful for a person to operate a vessel while in an intoxicated state no matter what his or her BAC is.

New traffic violations system may give a false sense of security

There is much to like about the new Rochester Traffic Violations Agency, but one unintended consequence may be that it lulls drivers into a false sense of security.

First, some background: The new agency has replaced the Rochester Traffic Violations Bureau. With the bureau, drivers had only two options: pay their fines or fight a charge. With the agency, drivers have the opportunity to negotiate or plead guilty to lesser charges. Authorities also must meet a higher standard, beyond a reasonable doubt, when trying to convict a driver.

Helping you handle traffic violations in New York

Being pulled over is certainly not fun. When law enforcement stops a motorist, it is often treated as frustrating and an annoyance. While many traffic violations are viewed at as minor, the fact of the matter is that they require a person to pay fines that can sometimes be hefty. And when these violations become much more serious, the penalties associated with it are even more serious. Therefore, taking the time to understand the matter and what consequences could result might help an individual determine a defense route.

A traffic citation might not seem much to New York residents; however, the state has a point system. This means that when a motorist is charged with a traffic violation, points are placed on their driving record. These points last for 18 months. Depending on the severity of the offense, one citation could be several points. Thus, if a driver accumulates 11 points on their driving record, he or she could have his or her driver's license suspended.

Penalties in New York for drunk driving

While consuming alcohol until one become intoxicated is not a crime for those of legal age, it is a crime when a person decides to get behind the wheel of a vehicle no matter his or her age. Being accused of drunk driving is not like being issued a speeding ticket. It means going through tests on the side of the road, being taken into custody, going through intake and being charged with a DUI. A DUI charge in the state of New York and elsewhere means facing penalties such as fines, license suspension and sometimes even jail time.

Intoxication is not based on the number of drinks but rather other individual factors. The accused could be considered intoxicated because of the amount of alcohol consumed, the amount of food consumed before and during the consumption of alcohol, the length of time they drank, their weight and their gender. Thus, a skinny female that drank 2 drinks in an hour on an empty stomach could be just as intoxicated as a large man that drank 5 drinks in an hour on a full stomach.

Helping you assert a defense against drug charges

New York is tough on drugs. Therefore, those accused of drug crimes are faced with potential harsh penalties. When a person is arrested on a drug charges, it can be a shocking event, as these charges are not always clear and simple. Drug crimes can be extremely complex, which means they deserve a detailed, aggressive, well-planned defense.

At the Law Office of James L. Riotto, our skilled legal team is well versed in the pertinent laws. They are also aware of the criminal defense options available and what steps should be taken to meet the best interests of our clients. We understand that drug type and quantity can make a big difference, as certain drugs hold harsher penalties.

Law Office of James L. Riotto | 30 West Broad Street, Suite 306 | Rochester, NY 14614 | Phone: 585-340-7903 | Map & Directions
120 Broadway, 2nd Floor | Albany, NY 12204  | Phone: 585-340-7903 | Map & Directions