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DWI coordinator in Upstate New York faces DWI charges

Anyone can face charges for driving while intoxicated in Upstate New York. Often, these allegations extend to other charges that can significantly enhance the penalties depending on what the officer claims to have found during the investigation. In some cases, the person arrested works in a job where their duties include handling DWI cases and Read More

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What is disorderly conduct in New York?

Sometimes gatherings, events and protests can get out of hand. Whether you are simply hanging out with a few friends or attending a massive community event, the police may arrest you or someone you know for disorderly conduct. In order to commit disorderly conduct, you must intentionally annoy, disturb or inconvenience the public. But it can Read More

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Juvenile crimes in Rochester require experienced legal defense

Many adult Rochester residents have memories of things they did when they were juveniles and think themselves lucky for not getting caught during the potential mistakes they made as any issue with the law can negatively impact a person’s future. There is no doubt that an act as a juvenile could be classified as a Read More

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Upstate New York school principal arrested on DWI charges

When Upstate New Yorkers are arrested for driving while intoxicated, the first thing that will come to mind is the potential consequences they will face if there is a conviction. The legal problems can be significant and result in lost driving privileges, jail time, fines and more. However, a too-often forgotten aspect of DWI charges Read More

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Teen driver faces speeding and DWI charges in Rochester

When young people in Rochester first get their driver license, they are prone to make mistakes that they do not realize will have potential consequences that can cause problems for their entire lives. This can include driving under the influence of alcohol or drugs, speeding, being reckless, distracted driving and more. When law enforcement stops Read More

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Bus driver arrested for DWI charges on the job

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 Read More

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How does the traffic violations bureau handle insurance lapses?

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 Read More

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How does a DWI affect your insurance?

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 Read More

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Repeat DWI offender arrested again in Upstate New York

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 Read More

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Man faces drug charges after using with toddler in vehicle

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 Read More

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Understanding point reduction and the New York point system

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 Read More

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Junior driver laws and traffic violations in Upstate New York

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. Read More

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

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 Read More

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Four people face drug charges for methamphetamine in Rochester

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 Read More

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Man faces DWI charges after crashing into police car

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, Read More

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Drunk driving and other offenses subject to holiday crackdown

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 Read More

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Field sobriety tests in New York State

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 Read More

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

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 Read More

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Do I pay driver responsibility assessment for traffic violations?

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 Read More

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Man with prior DWI conviction faces new aggravated DWI charge

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, Read More

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Allegations of drug crimes leads to arrest of mother and son

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 Read More

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

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 Read More

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Man arrested for drunk driving after accident

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 Read More

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How speeding affects your NY driver’s license

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 Read More

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Florida man charged with disorderly conduct at New Era Field

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 Read More

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What if I drive with a revoked or suspended license in New York?

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 Read More

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Fatal motorcycle accident leads to felony DUI for driver

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 Read More

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What happens if one refuses a breath test?

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 Read More

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Do I need to hire an attorney for my traffic violation?

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, Read More

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Man arrested on drug charges, DWI and more after traffic stop

For people in Rochester and throughout Upstate New York, a simple traffic stop because of an equipment issue or due to a minor violation can lead to major criminal charges if there are other issues at hand. For example, if the person is alleged to have drugs in the vehicle and is under the influence, Read More

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What penalties will a commercial driver face for DWI offenses?

Being arrested and charged with driving while intoxicated in New York State carries with it serious potential consequences should there be a conviction. Anyone who is confronted with allegations of DWI offenses must be cognizant of what they can face, but it is even more important for those who are commercial drivers and need their Read More

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Woman faces DUI charges and other allegations after fleeing

In Rochester and the surrounding areas of New York State, law enforcement is out in force seeking drivers who might be operating a vehicle under the influence of alcohol or drugs. Since driving under the influence of alcohol or drugs is considered such a dangerous act that can lead to accidents and injuries, the law Read More

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Can I be cited for having tinted windows on my car in New York?

For many reasons, New Yorkers might want to have the windows on their vehicle tinted. It could be a desire for privacy; there might be a medical reason for it to be done; or they simply like the aesthetic. However, it is important to understand that there are laws regulating tinted windows. If they are Read More

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New York state moves toward legalizing marijuana

After studying the impact, the state is moving toward legalizing marijuana. New York Governor Andrew Cuomo created a group to work on a legalization bill. The group will use the Department of Health’s recommendations to write regulations for the legalization of marijuana. The state largely supports legalization After a proposal is created, the bill moves to Read More

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Charges for DUI and drug crimes spark pregnant woman’s arrest

People can face drunk driving allegations in unusual circumstances in Rochester. The potential consequences and penalties should there be a conviction can have a negative impact on their lives in multiple ways. For those whose personal situation makes DUI charges more problematic than they might be for another person, it is even more vital to Read More

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Nine charged in alleged New York drug network

Many drug-related arrests result from traffic stops and other interactions where police find illegal drugs during a search. These typically result in drug possession charges, but if the quantity of the drugs is high enough, the defendant is presumed to be distributing the drug. However, what the authorities really want to do is to break Read More

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What penalties are there if convicted of prostitution charges?

Although, many call it the world’s oldest profession, the reality is that prostitution is illegal in New York. Those accused of engaging in it, both sex workers and customers, may face serious criminal penalties. This blog post will describe the potential penalties for those convicted of engaging in prostitution. When a person is accused of engaging in Read More

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Traffic stop and search for drugs leads to arrests in Rochester

Law enforcement is consistently on the lookout for possible signs of criminal violations. When an officer initiates a traffic stop for any reason and those inside the vehicle are accused of drug crimes, it is imperative to remember that there are rights that can be asserted, regardless of the situation. Since drug crimes can result Read More

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4 common college crimes

Your college years are a time of growth and experimentation. During this time of your life, you will experience a lot of achievements and challenges, and you may even encounter some legal troubles. According to the National Center for Education Statistics, there were 27,500 crimes against people and property at college institutions in 2015. Here are some Read More

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New York State Police arrests 28 drunk drivers

Motorists in New York understand that law enforcement takes a strong stance against drunk driving. Because of that, major campaigns are issued in an attempt to address drunk driving in the state. In these efforts, officers may set up checkpoints or increase patrol in certain areas, resulting in more stops and more arrests. When a Read More

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Penalties for a DWI in New York

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 Read More

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What are the penalties for possession with intent to distribute?

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 Read More

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Guiding our clients through a defense against a DUI

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 Read More

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Helping Rochester motorists fight a DWI charge

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 Read More

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Asserting a defense against a texting and driving violation

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? Read More

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Prescription drug DUI in New York

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 Read More

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Penalties for domestic violence in New York

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 Read More

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What are the laws for heroin possession in New York?

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 Read More

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New york man faces multiple drug charges following home search

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 Read More

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Penalties for boating while intoxicated in New York

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 Read More

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New traffic violations system may give a false sense of security

There is much to like about the new Rochester Traffic Violations Agency, but one unintended consequence may be that it lulls drivers into a false sense of security. First, some background: The new agency has replaced the Rochester Traffic Violations Bureau. With the bureau, drivers had only two options: pay their fines or fight a Read More

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Helping you handle traffic violations in New York

Being pulled over is certainly not fun. When law enforcement stops a motorist, it is often treated as frustrating and an annoyance. While many traffic violations are viewed at as minor, the fact of the matter is that they require a person to pay fines that can sometimes be hefty. And when these violations become Read More

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Penalties in New York for drunk driving

While consuming alcohol until one become intoxicated is not a crime for those of legal age, it is a crime when a person decides to get behind the wheel of a vehicle no matter his or her age. Being accused of drunk driving is not like being issued a speeding ticket. It means going through Read More

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Helping you assert a defense against drug charges

New York is tough on drugs. Therefore, those accused of drug crimes are faced with potential harsh penalties. When a person is arrested on a drug charges, it can be a shocking event, as these charges are not always clear and simple. Drug crimes can be extremely complex, which means they deserve a detailed, aggressive, Read More

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Financial aid impacted by a drug charge conviction

The consequences that could befall a criminal defendant can be harsh, especially when a person is young and just starting his or her life. When charged with a drug crime, young adult not only endure the criminal penalties associated with the crime, but they could also experience consequences that could impede his or her goal of Read More

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Why you don’t want to have your licence suspended

Are you facing the possibility of having your driving license suspended? It may not seem like a big deal to drive without a license. However, it could affect your freedom and the ability to regain your legal driving privileges. There are all sorts of reasons people end up losing their driving privileges, such as too Read More

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Penalties for multiple drunk driving offenses

For most New York residents, consuming alcohol is an occasional habit. Having a drink or two with fiend or colleagues is a great way to unwind. However, when consumption increases and an individual decided to get behind the wheel of a vehicle, this can present issues. Even when a driver believes they are still able Read More

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New York judge requested for removal after DWI

No one is immune from criminal charges. This means that individuals from all walks of life could be accused of committing a crime. Whether the charges are minor or severe, it is possible to even have criminal allegations harm the personal and professional reputation. And when motorists are pulled over for a suspected drunk driving, it Read More

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Understanding prostitution laws and criminal charges

There is a wide variety of professions people in New York and elsewhere can take on. While these positions are likely legal and legitimate, others can fall into a gray area. However, some professions are known to be illegal, meaning individuals could face criminal penalties for engaging in them. Prostitution, which is known as the oldest Read More

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Can you appeal your New York drunk driving conviction?

Were you convicted of drunk or drugged driving in New York? If you were, you may already be dealing with a license suspension or revocation. These penalties — and others — can affect your ability to earn a living or to live your life in the way you want to. Depending on the circumstances of Read More

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Two arrested for drug charges following traffic stop

A traffic stop is already a frustrating experience. No one wants to be pulled over by law enforcement, and no one enjoys it when it happens. While traffic violations happen and they can be minor, other traffic stops are more serious. This means that officers suspect that more than speeding or running a stop sign Read More

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What is a 440 motion?

Being accused of a crime, even when it is a traffic violation, can cause a person much anxiety. He or she does not want this on their record, and they certainly do not want to live with the consequences that befall upon them. Thus, many defendants seek to avoid penalties through a legal defense. While Read More

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Developing a defense against traffic violations

Whether it is the first time it has happened or not, it is never easy to look at your rearview mirror and see blue and red lights flashing in it. While law enforcement officers are just doing their job, it is tough to get pulled over for a traffic stop. Some motorists may not fully Read More

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Assault and battery laws in New York

Being accused of a crime is a difficult time for accused offenders in New York and elsewhere. Hearing that your have been charged with a crime tends to imply that one must face the penalties of the crime. However, this is not true. It is possible to take on an aggressive defense approach, helping to Read More

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What are the penalties in New York for texting while driving?

In society today, it is difficult to get through the day without using a cellphone. Any New Yorker can attest that these devices are not only beneficial but also necessary in many instances. They provide a way to stay connected with others, allowing one to call, message, email or research at a moment’s notice. While Read More

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Five arrested on drug charges following NY traffic stop

Criminal charges can stem from a wide variety of events. One common situation that could result in drug crime charges is a traffic stop. During a traffic stop, police are able to see into a vehicle, witness the behaviors of the driver and passengers and question those within the vehicle. This initial investigation could provide Read More

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Initiating a strong criminal defense for our clients

We all have heard the phrase innocent until proven guilty. While this is the guideline for the American criminal system, defendants often have a different experience. The second criminal allegations are made a defendant could face scrutiny. Just because a person is facing a criminal charge, the public tends to view them as guilty. This Read More

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Law Firm Seals Criminal Records For Client

New York’s new criminal record-sealing laws were recently put to the test in Steuben County Court. In a highly unusual turn of events, the Law Office of James L. Riotto convinced a judge to seal two Class B felony conviction records from 2006 for a client: Criminal Possession of a Controlled Substance in the 2nd Read More

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Facing drug charges? Turn to a competent New York law firm

A criminal conviction for any offense can send a ripple of negative effects throughout one’s life. For many convicted individuals, this means being slapped with jail or prison time that can rip them from their loved ones, fines that can throw their finances into upheaval, and a mark on their criminal record that can affect Read More

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New York’s marijuana laws still pack a punch

Anyone who follows the news can recognize that marijuana laws have relaxed over the last several years. While some states have legalized recreational use of marijuana, in New York, such use remains illegal. In fact, although marijuana-based offenses may be considered relatively minor when compared to other drug crimes, those who are convicted of these offenses Read More

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Postal worker facing theft charges after mail goes missing

Just about everyone has had a bad day at work. Usually, this simply means that things didn’t go according to plan or an interaction with a coworker or customer became confrontational. In most instances, those who experience one of these days can simply sleep it off and put it behind them. For some New Yorkers, Read More

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Collateral consequences of New York criminal convictions

If you are facing a criminal charge in New York, you likely have concerns about the potential punishments you are going to face, and whether you will have to spend time behind bars or pay considerable fines. In addition to any penalties you may receive for a criminal conviction, however, you may also face what Read More

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Under state law, what counts as arson?

There are a number of serious criminal offenses in New York. Amongst these are crimes against property. Although vandalism and theft can be treated aggressively by prosecutors, these offenses can also be minor in comparison to some other property crimes, like arson. With a wide spectrum of severity when it comes to these offenses and Read More

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Traffic violations and New York’s point system

Most New Yorkers have found themselves pulled over by the police, whether it be for speeding, failing to stop at a stop sign or failing to use a turn signal. Although these traffic violations may seem relatively minor, their cumulative effect can significantly affect an individual’s life. This is intentional, too, as the state of New York Read More

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Competent DUI defense may be able to exploit prosecutorial errors

To the untrained eye, many drunk driving cases can seem pretty open and shut. The police can make claims of seeing a driver acting intoxicated, which may be corroborated by witnesses and field sobriety, breath and blood tests can all point to a blood alcohol content that is beyond the legal limit. Yet, the truth Read More

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Criminal defense may be needed for probation violation hearing

A lot of New Yorkers think that a criminal matter ends once a defendant is found guilty or innocent. While this may be true to a certain extent in that penalties will be imposed or not, there may be ongoing issues that can leave an individual in need of a criminal defense advocate. One example Read More

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3 reasons to hire an attorney to fight your traffic ticket

Receiving a traffic ticket is never fun, but it will probably happen to you at some point. If you do get one, do not assume you should immediately pay it and move on. Instead, you should think about hiring a traffic ticket lawyer to help you. Having a traffic violation on your record can affect Read More

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Ignition interlock device can accompany DWI conviction

Being accused of drunk driving is no small thing. Merely being accused of such a crime can cause damage to an individual’s reputation. A conviction, though, can wreak havoc on a person’s life. Depending on the severity of the offense, a conviction could land an individual in jail or prison for a long period of Read More

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Search results in manufacturing of meth charges

State prosecutors are more likely to aggressively pursue certain types of crimes more so than others. Murder, rape and assault, for example, are likely to be treated much more seriously than petty theft crimes. The same holds true for drug crimes. Simple marijuana possession, for example, may be given a slap on the wrist when Read More

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Rochester firm challenging every aspect of a criminal charge

A few weeks ago on the blog we discussed an incident that left a Rochester man facing criminal charges for possessing stolen property. This case is a perfect example of how defense options can be discovered simply by looking at the legal elements that must be proven before prosecutors can obtain a conviction. Intent is Read More

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Plea bargaining may be a viable criminal defense option

Television shows and movies make it look like every case, civil or criminal in nature, goes to trial spurred along by cutthroat attorneys who will do anything to make the other side look bad. Although these types of situations exist in the real world, they are not the norm. In fact, many times cases resolve Read More

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How a traffic violation can lead to a DWI arrest

You may not think driving a little buzzed is a big deal. However, if law enforcement stops you for another traffic violation, it can become one. You do not even need to drink enough alcohol to show visible signs of intoxication. Any indication that you’ve been drinking can lead to an arrest for a DWI. Looking Read More

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The use of children in the commission of a drug sale

Drug crimes make up a significant portion of the criminal offenses alleged in New York. Many of our readers may think of drug possession as the main culprit of such criminal charges and, for the most part, they may be right. But the types of drug crimes that a New York prosecutor can pursue are much more Read More

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Rochester man facing charges or possessing stolen property

A conviction for any criminal offense can leave you facing serious penalties, regardless of the crime’s severity. You might wind up facing jail time, a fine and damage to your reputation and your record that makes living a normal life difficult. These penalties can be even more severe, though, if you are considered a habitual Read More

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Representing New Yorkers facing drunk driving charges

The holiday season is here, and along with it comes social gatherings and happiness. New Yorkers need to be aware, though, that police patrols often increase this time of year as the authorities try to crack down on drunk driving. As we discussed in a previous post, the penalties handed out upon a drunk driving conviction Read More

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When can the police conduct a search?

Being convicted of a drug crime is no small thing. The resulting penalties can leave you facing jail or prison, serious fines, a damaged reputation and a mar on your record that can haunt you for years, if not decades. In hopes of obtaining these convictions, prosecutors often rely on evidence gathered by law enforcement Read More

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The elements of larceny in New York

Property crimes are treated quite seriously in New York. Those who have had their property stolen or damaged are often quick to point the finger, and aggressive law enforcement officers and prosecutors are ready to press the matter. Although this thirst for justice is admirable, it can also be dangerous, as innocent individuals are often Read More

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Raise the Age is good news for New York teenagers

Part of New York’s Raise the Age legislation will raise the age of criminal responsibility for some teenagers. It takes effect in October 2018 for 16-year-olds and October 2019 for 17-year-olds. It also puts the state in line with the huge majority of other states. New York currently is one of just two states that Read More

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The penalties faced for NY drunk driving offenses

Being accused of drunk driving is no small thing. A criminal conviction on one of the many criminal offenses related to drunk driving can negatively affect an individual’s life for years to come. Jail, prison and fines may all be real potential penalties, and a conviction can cause severe damage to one’s reputation. Fortunately, there Read More

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Aggressive advocacy needed when facing drug charges

Although many states are relaxing their drug laws, there is no doubt that the war on drugs wages on. As a result, many individuals have found themselves facing serious drug charges in the wake of aggressive investigations that seek to stem the distribution, possession and use of illegal narcotics. For these accused individuals, a criminal Read More

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Criminal defense needed after two-year-old shot

Mistakes happen. Most of the time when they do, we learn, we live and we move on. Sometimes, though, these mistakes can leave others harmed, whether physically, emotionally or financially. If severe enough, one of these incidences could lead to criminal charges. However, in an attempt to protect individuals from the long reach of the Read More

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New York’s drug paraphernalia laws

When New Yorkers think of drug crimes, they probably think of drug possession and drug distribution. Although these are perhaps amongst the most common and most serious of drug offenses, there are a whole host of other drug=related laws that can leave an individual facing the potentiality of serious penalties should he or she be convicted. Read More

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Traffic tickets can affect your insurance rates

  Many drivers do not realize the effect traffic tickets can have on their lives. Often, they are more complicated than just pleading guilty, paying a fine and being done with it. Aside from the risk of losing your driver’s license, your insurance rates could increase quite a bit. The effect on your insurance is Read More

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Rochester-area group charged with grand larceny

It only takes one compelling piece of evidence to make the prosecution’s case when seeking a conviction for criminal charges. This is why accused individuals need to ensure that they do everything they can to protect themselves. Those who fail to do so may wind up being taken advantage of, as aggressive prosecutors know how Read More

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We stand up for those accused of drunk driving

If you’re facing drunk driving charges, then you were probably subjected to field sobriety tests which the police claim you failed. Prosecutors will use this evidence in an attempt to obtain a conviction, whether through plea negotiations or trial. However, simply because the police say you failed a field sobriety test does not mean that you Read More

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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 Read More

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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 Read More

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An overview of the point system in New York State

Traffic violations can result in a variety of penalties, depending on the specifics. In addition, New York State has a point system where each type of traffic offense gets a certain number of points against your driving record. How points work Charges for a traffic violation do not add points. You receive points only after Read More

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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 Read More

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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 Read More

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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 Read More

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What you need to know about New York’s new sealing law

For many, a criminal conviction may not carry a lifelong prison sentence, but it can carry a lifelong sentence of lost opportunities, job discrimination and other consequences. Even those who never face another conviction might have to live with punishment for a crime that took place many years ago. This could change, though, with a Read More

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Rochester bus monitor charges after altercation with student

It doesn’t take much for an individual to find him or herself at the center of a criminal investigation. In many instances, it only takes the statements of one person. In others, it may be a matter of being at the wrong place at the wrong time. Sometimes, though, the evidence can seem insurmountable to Read More

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Drug charges and drug diversion programs

Although many states are relaxing their laws as they pertain to marijuana possession, the war on drugs wages on. Both state and federal prosecutors still aggressively pursue those who they believe have broken the law, which can leave innocent individuals facing the potential for serious penalties, including extensive prison sentences and financially ruinous fines. However, Read More

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Criminal charges dismissed after body cam video shown

It may sound surprising, but there are a number of seemingly minor situations that can lead to criminal charges. A traffic stop for a broken taillight, for example, could result in the driver being charged with drunk driving or possession of an illegal substance. Many individuals who find themselves facing allegations of criminal wrongdoing are Read More

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What are certificates of relief from civil disabilities?

You should not take criminal charges lightly. Even if you are only charged with a misdemeanor, a conviction could seriously derail your life and goals. If your case has already been closed and you are dealing with the consequences of a conviction, though, there are several options you may consider for restoring your life. Applying for Read More

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DWI charges in New York require a strong defense

Drunk driving charges carry serious potential penalties and consequences, including criminal penalties and administrative consequences such as license suspension, that it is important to be aware of. The potential penalties and consequences can increase if the accused individual has more than DWI offense and is on their second DWI offense for example. Drunk driving laws are commonly Read More

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What does the term prostitution cover?

Prostitution is known by many as the oldest profession on earth. Prostitution is illegal throughout most of the United States, including New York state. So what exactly does prostitution cover? There are several stages of a “transaction” of prostitution, and depending upon each state’s laws, each stage could be considered a crime. A person looking Read More

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Shoplifting in the United States

Throughout the United States, there are dozens of mental conditions that could lead a person to face criminal charges. Kleptomania is the inability to resist the urge to steal items. Often these items are small and relatively minor in value. It is considered a serious mental condition that affects thousands of Americans each year. The Read More

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How are field sobriety tests conducted?

Getting caught up in a drunk driving situation is not something anyone desires. Unfortunately, mistakes are sometimes made that result in law enforcement conducting various tests to determine if an individual is indeed inebriated. In an effort for law officers to determine whether an accused driver is driving while impaired, the National Highway Traffic Safety Read More

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Fourth of July holiday means barbecues, beer and DWI

Summer’s at its peak, the days are nice and warm, the sun’s out almost the longest we see all year, and many of us are off work for the day or maybe even a long weekend. The Fourth of July weekend for many Americans is a time to celebrate our freedoms as a nation. Whether Read More

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Man arrested on DWI charges with toddler in car

In New York State, there are different levels of DWI charges that a driver can face when arrested. If convicted and depending on the circumstances, a driver will deal with fines, be sent to jail, lose driving privileges and more. Some circumstances are taken more seriously than others. For example, if the driver is arrested Read More

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Pulled over for speeding on I-90?

Somewhere between Buffalo and Albany, you see the spinning lights. You check your speedometer. You sigh. You are about to get “soaked” by the state with fines and other penalties. The state wants us to drive safely and not harm other people, which is understandable. It is the size of the fines that are not Read More

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Why to not plead guilty to cellphone violations while driving

Since texting and driving and other activities involving the use of a smartphone while behind the wheel are statistically shown to be the cause of a great number of crashes, law enforcement and governmental agencies are taking steps to dissuade drivers from the practice. In New York State, drivers are prohibited from using portable electric Read More

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What should I know about the New York State driver point system?

Drivers in New York State who receive a citation for committing certain violations behind the wheel will be likely have points assessed on their driver’s license. People might have a vague notion of what that means, but do not fully understand how much of a costly inconvenience the accumulation of points on a license can Read More

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Large-scale investigation leads to series of drug charges

Law enforcement in Rochester and throughout New York are invested in trying to stop drug crimes from taking place and making arrests when they do. Part of this is moving forward with large-scale investigations regarding drug crimes. This can vary from lower level drug sale to higher level possession with intent to distribute. Those who are caught Read More

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Judge convicted of DWI faces problems due to alleged violations

For those in Rochester who are convicted of driving under the influence of alcohol and are facing the penalties for that action, the case is not over once the judgment has been issued. For example, there might be an ignition interlock device placed on the driver’s vehicle and other attempts on the part of the Read More

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Court upholds lifetime suspension for multiple DWI offenders

New Yorkers who are arrested for on DWI charges are keenly aware of the potential consequences that go along with a conviction. However, they might not realize just how severe and life-changing the punishments can be. If there is an accident, it might be understood that the punishments are harsh, but even those who are Read More

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Why fight a traffic ticket?

You’re a busy person, so getting a speeding ticket is just an annoyance. So – write the check, mail it in, and be done with it, right? That’s what nine out of ten people cited for moving violations do. Wrong. Even if you can afford the ticket, there are reasons to consider fighting it. The Read More

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Legal help is vital when arrested for drug crimes in New York

Arrests for drug crimes in New York are not necessarily limited to people accused of being high-level drug dealers or distributors. These are the stories that frequently pop up in the news, but are only a percentage of the drug arrests that take place across the state. Many arrests are linked to drug possession. Some Read More

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Man faces DWI charges after breath test reveals high BAC level

In New York State, driving under the influence can cause major, long-term problems for anyone convicted of it. Law enforcement is in a constant state of awareness of drivers who might be under the influence and will not hesitate to make a traffic stop to investigate. Those who are stopped by the police and arrested Read More

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6 men, including a doctor, arrested on prostitution charges

It is illegal to take part in prostitution in New York State in any respect. When arrested on prostitution charges, there can be penalties assessed including fines and jail time. Even worse is the stigma that is attached to the charges. People might have their family life and employment negatively affected by the mere allegations Read More

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Drunk driving: its factors and offenses in New York State

People in New York State invariably understand that being arrested and charged with drunk driving can lead to various consequences. The amount of alcohol in the system is important for drunk driving charges, but it is not necessary to be above the generally accepted level of .08 blood-alcohol content to be charged. Less alcohol in Read More

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Hazing: A light-hearted initiation ritual can ruin your future

You have read stories of college hazing incidents that result in students getting arrested and charged with serious offenses. Hazing is defined in New York as conduct that occurs in an initiation that intentionally or recklessly puts a person as risk of physical injury (hazing in the second degree) or causes that person to be Read More

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Man faces felony charges in alleged domestic violence

There is an understandable stigma surrounding allegations of domestic violence in Rochester and throughout the nation. People who are arrested for charges related to violence in the home can face long-term consequences in a legal sense, but they can also lead to personal issues at work, school and in a multitude of other ways. While Read More

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DWI offenses, ignition interlock and Leandra’s Law

New York State residents who are placed under arrest for DWI offenses might have a vague notion of the penalties they will face if they are convicted. Depending on the circumstances, the potential consequences can include hefty fines, a suspension of driving privileges and even a jail sentence. However, there are other penalties that can Read More

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Couple calls police after robbery and is arrested on drug charges

Although there is ongoing debate regarding the sale of marijuana and whether it should be legalized or not, people often forget that the drug is still illegal in New York State. With that, it is still possible to be arrested on drug charges related to being involved with it. Often drug arrests lead to charges Read More

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With a full schedule of sports comes added DWI enforcement

It promises to be an incredibly busy next few days for sports fans here in New York, as not only are the Rangers, Sabres and Islanders all scheduled to take the ice, but the Yankees are also scheduled to play their season opener. This is not to mention, of course, the NCAA Final Four games Read More

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Should those who harm pets during criminal activity face additional penalties?

Without a doubt, one of the highlights of the day for people everywhere is being greeted at the front door by their favorite pet after a long day at work or school. Indeed, the reality is that the bonds many people have with their pets are so strong that they view them as more than Read More

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There is still room for improvement with New York drug laws

For many years, New York drug laws were some of the toughest laws in the country. Fortunately, drug crime penalties are continuing to undergo a series of reforms. If you are facing drug possession charges in New York, it is important for you to know what you may be facing. The Rockefeller Drug Laws In Read More

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Were you charged with underage drinking in New York?

If you are under the legal drinking age in New York, even a small amount of alcohol in your system can get you into legal trouble. The penalties for those under the age of 21 who willfully drink alcohol and then drive are serious. While you may not go to jail, your license may be Read More

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Fighting a traffic ticket in New York may be worth your time

If you’ve been a licensed driver for any length of time, you’ve probably experienced that sinking feeling that comes from seeing those dreaded flashing lights in your rearview mirror. Your mind races, considering all the ways a traffic ticket could affect your future, such as: Added points to your license Increased insurance rate License suspension Read More

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Criminal Law Newsletter: December 2014: Traffic Violations Bureau

The Traffic Violations Bureau (“TVB”) is a branch of the New York State Department of Motor Vehicles (“DMV”) which handles various traffic violations committed within certain areas including the City of Rochester. Motorists receiving a ticket returnable to the TVB may find the process daunting and beyond comprehension.  Unlike a traffic citation returnable to a Read More

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Suspended and Revoked Licenses

Suspended and Revoked Licenses In New York State, a motorist’s driver’s license may be suspended if they accumulate 11 or more points within an 18 month period.  Additionally, under new legislation, the DMV can now suspend a driver’s license for convictions dating back beyond the 18-month period if two or more of these convictions were Read More

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Name Laws

Eponymous Legal Statutes In New York, several statutes are named after people. Generally, these laws are enacted in response to the attention and controversy garnered by violent crimes or new advances in technology. It can be difficult to keep all of these laws in order. Here is a list to help remember these criminal laws Read More

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Moving Violations

At the Law Office of James Riotto we handle hundreds of traffic infractions each year. Many people are initially uncertain whether or not they need an attorney after receiving a traffic ticket. If you are charged with a moving violation, retaining an attorney may ultimately save you money, time and valuable points on your license. Read More

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Tinted Windows

New York Laws On Tinted Windows Some drivers are ticketed for violations because they are not aware of the rules surrounding aftermarket modifications to their vehicles.  One of the most common modifications resulting in tickets involves window tinting.  There exists some uncertainty about the rules in New York and this article will shed some light Read More

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Unlicensed Operation

New York Laws On Driving Privileges Under New York’s Vehicle and Traffic Law (“VTL”) § 509(1), it is a violation for any person to operate a motor vehicle upon a public highway unless they are duly licensed. VTL § 509(1). In order for a person to be duly licensed, they need to obtain their license Read More

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New York State Required DNA Sampling

Effective October 1, 2012 any person convicted of certain misdemeanors and all felonies in New York will be required to provide a sample of their DNA. New York is the first state to require DNA samples based on convictions under these guidelines. DNA sampling will be required by any person who is found guilty of Read More

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Driving While Using A Cell Phone

Earlier this year a section of New York’s Vehicle and Traffic Law (“VTL”) was amended to permit a police officer to stop a motorist for operating a vehicle while using any portable electronic devices. The VTL defines portable electronic devices as a personal digital assistant (PDA), cell phone, two-way messaging device, electronic game or portable Read More

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