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September 2017 Archives

Types of traffic violations motorcyclists can face

Riding a motorcycle this time of year can be fun and relaxing. Yet, just as with any other motor vehicle, these bikes need be driven in accordance with the law, lest the operator wants to be slapped with a traffic violations. The first way to prevent being hit with one of these traffic violations is knowing what the state considers a violation. For that, one must turn to the law. Today, we'll briefly touch on a few of the traffic violation laws that apply to motorcyclists.

New York's drug possession presumption

We've all heard the phrase "guilty by association." Fortunately, this phrase often doesn't hold much water in the legal world, as prosecutors oftentimes have to prove that the defendant him or herself committed the crime for which he or she has been charged. Yet, when it comes to drug crimes, New York's aggressive laws spell out some situations where an individual may be guilty of a crime even when he or she did nothing wrong.

New York bicyclists hit, drunk driving allegations levied

Anytime a car accident occurs, the police investigate to determine if any criminal wrongdoing occurred. Those who become the subject of one of those investigations can be in for an uphill battle. Although an individual should be considered innocent until proven guilty in a court of law, too many times the court of public opinion issues its ruling first. This can leave criminal defendants struggling to raise reasonable doubt with regard to the criminal charges they are facing.

Aggressively advocating for those facing drug charges

A few weeks ago on the blog we discussed drug diversion programs and how they can pose a legitimate option to those who are facing serious criminal charges. These programs, if successfully completed, may allow an accused individual to avoid the harshest of penalties if they were to otherwise fight the charges and lose. Yet, despite the benefits a drug diversion program can bring to the table, it isn't right for everyone. In many drug cases, diversion programs aren't offered and, even when they are, a criminal defendant may not feel like he or she should have to do anything other than prove their innocence.

How legitimate are breathalyzer tests?

There can be many parts to a DUI prosecution. First, prosecutors may have to show that the initial stop that led to the arrest was legal. Second, they will likely have to prove that evidence collected by police officers, as well as witness accounts, is enough to demonstrate that the accused individual is guilty beyond a reasonable doubt. Although this is a high burden of proof to meet, many individuals who are accused of drunk driving may find themselves facing evidence that seems nearly impossible to overcome. However, even the strongest evidence can have weaknesses that can be successfully attacked to protect a defendant's legal rights.

Law Office of James L. Riotto | 30 West Broad Street, Suite 306 | Rochester, NY 14614 | Phone: 585-371-5633 | Map & Directions
120 Broadway, 2nd Floor | Albany, NY 12204  | Phone: 585-371-5633 | Map & Directions