Rochester Criminal Defense Blog

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.

Drunk driving and other offenses subject to holiday crackdown

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

New Yorkers will generally wait to consider hiring a legal professional to provide defense for drunk driving offenses and other traffic violations until they have been charged. Obviously, this makes sense. However, for people who are heading out during the holidays and through the upcoming New Year's Eve celebrations, it is important to understand that law enforcement will be out in earnest during a crackdown on drivers who are perceived to be under the influence. Regardless of whether the person had been drinking or not, it is imperative to understand the potential consequences of DWI and know which law firm can help in crafting a defense.

A national campaign known as "Drive Sober or Get Pulled Over" is ongoing and New York State law enforcement will take part. This program will continue through the first day of the new year. People are being entreated to be responsible behind the wheel. Along with suspected drunk drivers, law enforcement will also be on the lookout for other infractions.

Field sobriety tests in New York State

On the behalf of The Law Office of James L. Riotto on Tuesday, December 18, 2018.

If a New York State law enforcement officer stops you on suspicion of DWI, he or she may ask you to take a field sobriety test.

As during the rest of your interactions with police officers, remain polite. However, you do have the right to refuse to take these tests or to answer questions such as where you are coming from and whether you had anything to drink. You have the right to refuse a field sobriety test in New York, though this refusal is admissible in court. The tests can be subjective and people can fail for many reasons besides intoxication. For these reasons, if you did perform and fail the test, you may have grounds to challenge the results.

Man faces DWI offenses after head-on crash in New York

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, December 13, 2018.

Being arrested and charged with drunk driving in Rochester can be intimidating and worrisome. This is made worse when there is an accident and other people are injured. While the focus will be on the injured people, it is important to remember that the driver has rights. Part of their rights involves their ability to craft a strong legal defense against the charges.

A car accident sent three people to the hospital and led to the other driver being arrested for drunk driving. The driver was operating a pickup truck and went over the center line and into the oncoming lanes, where he collided with another vehicle. Three people in that car were injured and taken to the hospital. Their injuries are described as serious, but not believed to be life-threatening. The alleged drunk driver injured his arm and received treatment at the hospital. He faces DWI offenses, including vehicular assault, possessing marijuana, and traffic violations. The investigation is ongoing.

Do I pay driver responsibility assessment for traffic violations?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, December 6, 2018.

New Yorkers who are confronted with the penalties for alleged traffic violations might have to deal with a driver license suspension, insurance impacts and even jail time. The alleged acts that led to the citation or arrest will dictate the penalties a person will face. The point system is often a source of confusion and other aspects of it can be complex. One issue that frequently causes uncertainty is the driver responsibility assessment. Knowing when this could be an issue is important when formulating a defense against the charges.

When a driver has amassed six or more points on their drivers license within 18 months, they will have a driver responsibility assessment. This is not a charge in lieu of other penalties, but is added to other penalties. Drivers will face the driver responsibility assessment if they have one of the following issues: they are convicted of DUI in a motor vehicle, boat, or snowmobile in the state; they refuse a chemical test to determine blood-alcohol content; they accrued six points or more on their license within 18 months for traffic violations not just in New York, but also in Ontario and Quebec.

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.