Rochester Criminal Defense Blog

Penalties for boating while intoxicated in New York

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, June 15, 2018.

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

On the behalf of The Law Office of James L. Riotto on Friday, June 15, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Friday, June 8, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, June 1, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Thursday, May 24, 2018.

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.

Financial aid impacted by a drug charge conviction

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Thursday, May 17, 2018.

The consequences that could befall a criminal defendant can be harsh, especially when a person is young and just starting his or her life. When charged with a drug crime, young adult not only endure the criminal penalties associated with the crime, but they could also experience consequences that could impede his or her goal of obtaining a higher education.

A criminal conviction of a drug charge could impact a person's ability to obtain financial aid for college. According to the Department of Education, students with a criminal conviction on their record have limited eligibility for federal student aid. For those currently incarcerated in a federal or state institution, this means they have no ability to obtain a federal Pell Grant or federal student loans. It is possible, however, to get a Federal Supplemental Educational Opportunity Grant or FSEOG or a Federal Work Study or FWS, although one probably will not receive these because priority is given to those also receiving a Pell Grant and the logistics of performing a FWS while incarcerated will be difficult.

Why you don't want to have your licence suspended

On the behalf of The Law Office of James L. Riotto on Monday, May 14, 2018.

Are you facing the possibility of having your driving license suspended? It may not seem like a big deal to drive without a license. However, it could affect your freedom and the ability to regain your legal driving privileges.

There are all sorts of reasons people end up losing their driving privileges, such as too many traffic tickets, unpaid parking citations, DUIs and more. There are a number of ways that driving with a suspended license can affect you.

Penalties for multiple drunk driving offenses

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, May 11, 2018.

For most New York residents, consuming alcohol is an occasional habit. Having a drink or two with fiend or colleagues is a great way to unwind. However, when consumption increases and an individual decided to get behind the wheel of a vehicle, this can present issues. Even when a driver believes they are still able to drive a vehicle safely, this does not mean they are under the legal limit to operate a motor vehicle. If law enforcement stops a driver while they are under the influence of alcohol, he or she could face a drunk driving charge.

Based on current state laws, those accused of a drunk driving charge in the state of New York could face harsher penalties if he or she has previously been convicted of a DWI. For example, when a motorist has two drunk driving convictions, he or she will no be able to obtain their license back until the statutory minimum revocation period has passed.

New York judge requested for removal after DWI

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Wednesday, May 2, 2018.

No one is immune from criminal charges. This means that individuals from all walks of life could be accused of committing a crime. Whether the charges are minor or severe, it is possible to even have criminal allegations harm the personal and professional reputation. And when motorists are pulled over for a suspected drunk driving, it is vital that they take the matter seriously, as a DWI conviction could result in harsh penalties.

According to recent reports, a Rochester City Court Judge may be removed from office following a DWI charge. In fact, reports indicate that the female judge has had a string of unruly behavior over the past few years. In 2016, the judge was arrested for a DWI. Following this arrest, she supposedly failed to comply with the orders by going on a trip to Thailand.

Understanding prostitution laws and criminal charges

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

There is a wide variety of professions people in New York and elsewhere can take on. While these positions are likely legal and legitimate, others can fall into a gray area. However, some professions are known to be illegal, meaning individuals could face criminal penalties for engaging in them. Prostitution, which is known as the oldest profession, is one that can take on many forms. Whether one is considers a streetwalker, works at a brothel, is a call girl or works for an escort service, the reality is that these acts are criminal and could result in serious criminal consequences.

Prostitution laws state that is illegal to offer, agree to or engage in a sexual act for compensation. In all states but Nevada, this conduct is criminal. When looking at a prostitution act, there are many phases. This means that various people could face charges in this situation. A transaction for prostitution could punish the provider of the service, the customer paying for the service and the middleman in the matter, which would be the pimp.