Rochester Criminal Defense Blog

What is disorderly conduct in New York?

On the behalf of The Law Office of James L. Riotto on Friday, March 8, 2019.

Sometimes gatherings, events and protests can get out of hand. Whether you are simply hanging out with a few friends or attending a massive community event, the police may arrest you or someone you know for disorderly conduct. In order to commit disorderly conduct, you must intentionally annoy, disturb or inconvenience the public.

But it can be a little confusing to understand exactly what constitutes disorderly conduct in New York. Plus, the state has additional laws that cover similar behaviors. Here is a look at crimes against the public according to New York laws.

Juvenile crimes in Rochester require experienced legal defense

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, March 7, 2019.

Many adult Rochester residents have memories of things they did when they were juveniles and think themselves lucky for not getting caught during the potential mistakes they made as any issue with the law can negatively impact a person's future. There is no doubt that an act as a juvenile could be classified as a youthful mistake. Some of these acts, however, can lead to a violation of criminal law and the person will be charged with juvenile crimes. These allegations can fall into a variety of categories, but two of the most common charges juveniles will face are alcohol or drug-related. Having legal defense from a law firm that has helped many who were charged with juvenile violations is key.

For people under 21, it is illegal to drink alcohol. Underage drinking is relatively common. That does not make it legal and people will be arrested for it. Driving while under the influence and underage is worse. When a person 21 and older has a blood-alcohol content of .08 or higher, they are considered under the influence. It is different for those under 21. For them, it is .02. When driving after consuming alcohol, a juvenile can face a variety of penalties if there is a conviction. When the BAC is .05 to .07, the driver's license can be suspended for a minimum of one year. If there is a repeat conviction, it can be longer.

Upstate New York school principal arrested on DWI charges

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 28, 2019.

When Upstate New Yorkers are arrested for driving while intoxicated, the first thing that will come to mind is the potential consequences they will face if there is a conviction. The legal problems can be significant and result in lost driving privileges, jail time, fines and more. However, a too-often forgotten aspect of DWI charges is how it can negatively impact their personal and professional life. With many jobs and attempted endeavors, a conviction for DWI can hinder the person's ability to be hired, accepted to a school and more. Considering the arrest in that context, it becomes even more important to take every possible step to achieve a favorable result in the case.

An elementary school principle was arrested for DWI. The female driver, 40, was seen by law enforcement shortly before midnight driving her vehicle without its lights on. The vehicle was heading north and drifted into a different lane on the road. The officers stopped the vehicle and investigated. The woman was given a field sobriety test and failed.

Teen driver faces speeding and DWI charges in Rochester

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 21, 2019.

When young people in Rochester first get their driver license, they are prone to make mistakes that they do not realize will have potential consequences that can cause problems for their entire lives. This can include driving under the influence of alcohol or drugs, speeding, being reckless, distracted driving and more. When law enforcement stops these drivers and there is an arrest, the right legal defense strategy can mean the difference between the worst penalties and a relatively successful resolution with a plea bargain or an outright acquittal. For those who are dealing with these allegations, having a qualified attorney is a must.

An 18-year-old man was arrested on multiple charges after a traffic stop. The incident occurred after law enforcement saw an SUV that was allegedly well beyond the 55-mph speed limit. Officers said the driver was going 90-mph. After they stopped the vehicle, they stated they smelled alcohol and marijuana emanating from it. The driver was given field sobriety tests and did poorly. He was placed under arrest and later given a test to determine his blood-alcohol content. He registered 0.12 percent, above the legal limit of 0.08 percent. He was charged with DWI, aggravated driving without a license, possession of marijuana and other traffic offenses.

Bus driver arrested for DWI charges on the job

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 14, 2019.

Being arrested for drunk driving in Rochester can spark serious problems in a person's life if they are convicted. This is made worse if the allegations are made when they are working. If they are placing people in danger while they are on the job and allegedly under the influence - especially children and other vulnerable people - they will not only face the legal consequences if there is a conviction, but their jobs can be in jeopardy. When dealing with these allegations, regardless of the circumstances, having legal advice is essential to confront the charges.

A 54-year-old bus driver was arrested for driving a bus while under the influence. There were seven children onboard at the time. The Department of Transportation called law enforcement because of a failed test to determine if workers had been drinking or using drugs. The worker is a vendor under contract. He was subjected to a random test, which the employer does intermittently. It found that the man had a blood-alcohol content that surpassed the legal limit in the state.

How does the traffic violations bureau handle insurance lapses?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, February 7, 2019.

There are certain fundamental requirements to drive legally in New York State and if they are not adhered to, traffic violations can be assessed. Some are more serious than others, but people who are confronted with the possibility that they will lose their driver's license and face other penalties should be cognizant of the importance of crafting a defense against the allegations and taking the necessary steps to have the charges dismissed. While dealing with the traffic violations bureau is not something that many people believe to be of sufficient seriousness to have a defense lawyer, it is always wise to have legal help to address issues that can negatively impact a person's ability to drive.

One issue that affects many people - often without them realizing it before being stopped and cited - is lapsed insurance. Since it is a foundational need to have insurance when driving in New York, failing to do so for any reason can cause many problems. Lapsed insurance means that the person does not have liability coverage for a vehicle that is registered in the state. This can spark a suspension of driving privileges. For people who drive with lapsed insurance, there can be a citation given or the person can be arrested; the officer might impound the vehicle; or the Department of Motor Vehicles can revoke the vehicle registration and the driver's license.

How does a DWI affect your insurance?

On the behalf of The Law Office of James L. Riotto on Thursday, February 7, 2019.

Drunk driving comes with a multitude of possible consequences: car accidents, injury or death, license suspension, jail time, and so on. A DWI affects other areas of life, as well. For example, losing your license could make it difficult to show up to work and earn the money to pay fines.

One consequence you may have overlooked is how a DWI impacts your auto insurance. Understanding this connection can help you realize the importance of a strong defense in dealing with DWI charges.

Repeat DWI offender arrested again in Upstate New York

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, January 31, 2019.

Charges for driving while intoxicated can be challenging for New Yorkers as it can lead to a litany of penalties that will negatively impact their lives in multiple areas. When they have been convicted in the past, a repeat DWI can make matters far worse as the penalties are often much more severe. While DWI is a dangerous act that can cause property damage, injuries and death, that does not automatically imply that anyone who is accused of it is guilty. Each case must be assessed on its own merits and everyone has a right to craft a defense against these charges, no matter the circumstances.

A 28-year-old man was arrested for allegedly driving while he was four times above the legal limit for alcohol in the system. The arrest was made during the early morning hours when law enforcement pulled the vehicle over. The man was given a roadside sobriety test and the deputy concluded that he was under the influence. He was given a blood test after he was brought to jail and his blood-alcohol concentration registered .31 percent. That is just under four times the legal limit of .08 percent.

Man faces drug charges after using with toddler in vehicle

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Thursday, January 24, 2019.

Drug arrests in Rochester and throughout Upstate New York are often categorized as being made against those who are selling drugs. However, those who are accused of using them can also face drug charges. The drugs that were being used and the circumstances can make the situation worse. For example, if a person has a child with him or her, there will be harsher consequences in a legal sense as well as personally. Although conviction of possession and other drug-related allegations can result in severe penalties, there are alternatives to craft a defense. For those who are users and are not dealing with charges related to selling drugs, this is key.

A man was found in a mall parking lot after allegedly shooting heroin. He was arrested. Law enforcement was called and arrived on the scene at shortly after 6:30 p.m. They found two men in a vehicle with drug paraphernalia. There was a two-year-old toddler in the vehicle. One of the men, 26, was using a needle to inject heroin. The child was in the back seat. The man also had hypodermics and more heroin. He was arrested on multiple charges including drug possession and child endangerment.

Understanding point reduction and the New York point system

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, January 17, 2019.

When New York State drivers get moving violations or are involved in a traffic incident that results in points being placed on their driver's license, they might gather information about the situation and the process from many sources. Unfortunately, some sources of how to deal with points on a driver's license are only partially accurate or outright wrong. This could lead people to take a situation in which they have a good chance to pleading not guilty and getting a good result and simply accept the penalties under the mistaken belief that taking part in the Point and Insurance Reduction Program is a suitable alternative. Before doing so, it is wise to speak to a qualified attorney.

PIRP will not take the violation off the person's record nor does it nullify a conviction or remove the points from the driver's license. In fact, these will appear on the person's driving record for as much as four years. If the violation was due to alcohol or drugs, it will remain on the record for 10 to 15 years. For drivers who amass 11 points within 18 months, the driver's license can be suspended. The idea of PIRP is to reduce the points that are used to count how many the driver has accrued in 18 months and reduce it by four to help prevent a suspension.