Rochester Criminal Defense Blog

Man with prior DWI conviction faces new aggravated DWI charge

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, November 29, 2018.

Anyone facing drunk driving charges in Rochester should know that they will be vulnerable to a litany of penalties should there be a conviction. This can include a driver's license suspension, fines, jail and more. When the arrest comes after a previous conviction, there is the likelihood of harsher penalties.

While driving under the influence is dangerous, the simple matter of a person being arrested does not automatically mean they are guilty. They are also entitled to a strong defense to try and reduce the charges or even gain an acquittal. Having legal assistance is one of the most important factors to any DWI case.

Allegations of drug crimes leads to arrest of mother and son

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

When people in Rochester and the surrounding areas face drug charges, they will undoubtedly feel fear and concern as to what the future holds. Given the harshness with which the law treats those who have a drug conviction, it is critical to understand how to defend against the charges and avoid the worst-case scenario. Since drug charges will often rise to the level of a felony if the person is dealing with allegations of possession with intent to distribute, having legal assistance is one of the most important decisions the accused can make.

A long-term investigation led to a mother and son being arrested on drug charges. The mother, 42, and her son, 23, were placed under arrest after drugs were found at their home. The mother was confronted with a Class B felony for third-degree possession of a controlled substance. Her son faces a Class A felony for first-degree possession. Law enforcement had a search warrant and a K9 unit was brought in. Drug paraphernalia, weapons, cash and drugs were found. Cocaine sales in the area sparked the investigation.

What are the different types of suspended license in New York?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, November 15, 2018.

In New York, there are certain traffic violations that can lead to a driver's license suspension. This can cause major life disruptions, have insurance impacts and cause innumerable problems. When confronted with allegations that can lead to a suspended license, it is imperative to have a strong defense. After the suspension, it is also important to get legal help to restore driving privileges. First, it is vital to understand the difference between acts that can lead to a definite suspension and an indefinite suspension. This is crucial for the proper defense strategy.

With any suspension, the person will lose driving privileges. With a definite suspension, the person will know when the suspension will end. During that time, the person cannot drive. After a termination fee is paid, the driving privileges will be restored. Reasons for a definite suspension include: not having insurance; a conviction for driving under the influence; receiving too many traffic tickets in a certain time-period; or failure to follow the regulations for junior drivers.

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.