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 court to ensure that the driver is adhering to the rules of probation. If there is a violation of probation, there can be more problems related to the drunk driving charge. It is still important to have a lawyer to provide a defense in such cases.
A City Court judge who was convicted of DWI has been ordered to return to court to answer for an alleged violation of her sentence. The court had ordered her to submit to a urine test weeks after her ignition interlock device recorded alcohol on her breath. The blood-alcohol content came to .0651. While this is less than the amount necessary for a DWI, it still violates the conditions of her sentence in which she is not to drink alcohol. According to some reports, it was not her who registered the reading, but her daughter. It is not a violation for another person to drive the vehicle with an ignition interlock device installed.
Although the court issued an order for the urine test, the results were not submitted. According to her legal representative, she is on vacation in Thailand and it is not known whether she took the test or not. This test will detect a byproduct of alcohol that remains in the blood for 96 hours after consumption. The judge was convicted in August of 2016 and received a conditional discharge allowing her to live her life provided she adhere to the conditions as they were laid out. It was extended to February of next year for two violations for drinking alcohol and driving under the influence. These were nullified by problems with the device and no proof that she drank. She is still an elected judge and is being paid despite having had her duties stripped.
This is a unique case in which a judge who should know the law as to DWI offenses and the potential consequences is facing harsher penalties due to a failure to adhere to the terms of her sentence. If this can happen to a judge, it can certainly happen to anyone who is arrested for DWI. For legal protection and assistance from the beginning of a DWI case to the end, it is important to have an experienced attorney.
Source: democratandchronicle.com, “Judge Astacio summoned to court again,” David Andreatta, Gary Craig, May 26, 2017
"All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."
"I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."
"Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."
"I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"
"Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."
Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!