Rochester Criminal Defense Blog

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.

Junior driver laws and traffic violations in Upstate New York

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, January 10, 2019.

It is always exciting for young people to finally get their driver's license in New York State. While this is generally seen as a rite of passage and they will believe that it accords them certain freedoms they did not have before, there are laws they must follow based on their junior driver's license status. Understanding these laws and how traffic violations can negatively impact their future is imperative from the start.

Drivers with a junior license cannot drive if they do not have a supervising driver between 9 p.m. and 5 a.m. There cannot be more than one passenger under 21 unless it is immediate family or if there is a supervising driver who is also a parent, guardian, driver instructor or driver's education teacher. All must wear their seatbelts. Children must be in a regulation car seat. From 9 p.m. to 5 a.m., the junior driver can drive from home to employment or to a school course. Apart from that, there must be a parent, guardian or driving teacher.

Avoid a DUI after your party for the big game with these tips

On the behalf of The Law Office of James L. Riotto on Monday, January 7, 2019.

If you can believe it, 2019 is already in full swing, and Super Bowl LIII (53) is less than a month away. You may have plans to attend a party or host one. Whether watching the game at a house or going to a sports bar, there is a heightened risk of you getting arrested for drunk driving on Super Bowl Sunday.

The average blood alcohol content on Super Bowl Sunday is .091. In comparison, the average BAC level is .094 on New Year's Eve, which is a notorious day for drinking. To put this in perspective, 21 percent of deadly DUI accidents involve motorists with BACs of at least .08 percent. The last thing you want to happen on a fun day is a trip to jail. Here are some simple guidelines to keep you DUI-free after your football party.

Four people face drug charges for methamphetamine in Rochester

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Friday, January 4, 2019.

Drug issues are prevalent in Rochester and throughout New York. As law enforcement makes every effort to interfere with drug crimes and make arrests, the people who are confronted with allegations of possessing, manufacturing or selling drugs are inevitably cast in a negative light. Simply because there was an arrest, however, does not mean that the person or persons charges are guilty. Crafting a viable defense to avoid a drug conviction is critical in any case, but when the charges involve the manufacture and sell of a serious drug like methamphetamine and they are felonies, it is even more imperative.

A deputy who saw people outside a vehicle in a parking lot in the early-morning hours at around 3 a.m. investigated and made an arrest on methamphetamine charges. Other officers were called and found a 38-year-old woman who was armed with a knife and possessed marijuana. As they investigated the vehicle, a 28-year-old man gave a fraudulent identity. He was hiding that he was on parole and had absconded. Another woman, 33, arrived. When they searched where she came from, they found items that were believed to be used for methamphetamine manufacturing. Another person was spotted. He fled and the 31-year-old male was later found hiding in a home and was arrested.

Man faces DWI charges after crashing into police car

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

When a person is alleged to been driving under the influence and is facing drunk driving charges, it will often stem from a traffic stop in which Rochester law enforcement will see the vehicle operated in such a way that implies the driver is under the influence.

In other instances, there is an accident and, as law enforcement investigates, there is a belief that the driver was committing DWI and an arrest is made. In still other cases, the situation will combine a variety of factors and that will lead to a DWI arrest. Regardless of the circumstances, it is imperative that a person charged understands the potential consequences and takes the necessary steps to craft a viable defense.