Rochester Criminal Defense Blog

Penalties for a DWI in New York

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, August 10, 2018.

Being pulled over in New York and other states can be nerve wrecking for motorists. In some cases it may not be clear why he or she is being pulled over. In other cases, a motorist may have an idea; however, they seek to get off just a warning. Whether it was a traffic violation or because of suspicious activities, when law enforcement stops a vehicle, they could ask the driver to take a field sobriety test if they believe the driver is under the influence of alcohol. Based on the results of these tests, a driver could face a drunk driving charge.

A DWI might be considered a traffic offense, it could carry with it serious penalties. Because of this, it is important to understand the criminal consequences that could befall an individual facing a drunk driving charge. In the state of New York an individual is charges with driving while intoxicated when his or her blood alcohol content is 0.08 percent or higher. The charge could be aggravated if his or her BAC is 0.18 or higher.

What are the penalties for possession with intent to distribute?

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Friday, August 3, 2018.

Being accused of a drug crime is serious. Various situations could cause a person to face these allegations. The search of a vehicle, a search of ones' person or even the search of a residence could cause evidence to be uncovered. Depending on the amount and the illicit drug in question, this could cause law enforcement to believe that the accused was in possession of these drugs as a means to sell them.

What are the penalties for possession with the intent to distribute? Before going into the consequences that could befall an offender convicted of this crime, the elements of the offense will be explored. There are three components to consider with this crime. This includes possession, intent to distribute and possession with the intent to distribute.

Guiding our clients through a defense against a DUI

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, July 27, 2018.

The dangers of drunk driving are well known. This is why the state of New York and other states are harsh on this crime. Being accused of drunk driving is much more serious than receiving a traffic violation. One is faced with much more than minor fines. Thus, it is important to understand how a motorist can challenge and defend him or herself against a drunk driving charge.

Being charged with driving under the influence or DUI and driving while intoxicated or DWI is not like other traffic tickets. The ramifications of a DWI or DUI can be serious, making it vital to take steps to avoid conviction of the charges that could be misdemeanor or even felony.

Helping Rochester motorists fight a DWI charge

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, July 20, 2018.

During the summer months, individuals in New York and elsewhere are likely to spend his or her weekends and evening out and about, enjoying the fun summer events or just the nice weather. With this, many individuals are also likely to consume alcohol during these outings. While this can be a perfectly legal and safe activity to partake in, when a person consumes more than the legal limit and gets behind the wheel of a vehicle, this could mean serious repercussions.

While a motorist is getting pulled over by law enforcement for the suspicion of driving while intoxicated, a DWI charge is far different from any other traffic violation a person in New York could face. To begin, a first conviction of a DWI is a misdemeanor; however, repeat offenders face felony charges. Because of this, those accused of such a charge should take the time to understand their defense options and ways to reduce or avoid penalties.

Asserting a defense against a texting and driving violation

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Friday, July 13, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in dwi on Thursday, July 12, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, July 5, 2018.

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?

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Friday, June 29, 2018.

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

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Friday, June 22, 2018.

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

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.