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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

As experienced Buffalo DWI lawyers, we feel that it is important for our clients to be aware of the potential long term impact of a drinking and driving conviction.

Under the current regulations of the Department of Motor Vehicles, a driver who has his or her driver’s license revoked will have their entire driving history reviewed by the Department of Motor Vehicles at the conclusion of the statutory minimum revocation period.

If the driver has multiple drug or alcohol-related driving convictions, the DMV may rule that the driver is ineligible for a full driver’s license.

This is true even of the current revocation of the driver’s license is not for a drug or alcohol-related driving offense.

Under the regulations of the DMV, a driver who has had his or her driver’s license revoked for a non-alcohol related offense may be denied relicensing based on drinking and driving convictions that occurred years ago.

If the driver has three or four alcohol or drug-related driving convictions or alcohol or drug-related driving incidents (such as a finding of having refused to take the breath test) the DMV will not reinstate his or her driving privileges for an additional two years following the mandatory minimum period of revocation.

Once driving privileges are reinstated, the driver will only hold a restricted driver’s license for an additional two years.

This license would only allow driving for work, school and necessities.

Drivers who are not currently revoked for a drinking and driving offense but have more than four prior alcohol or drug-related convictions or incidents or have an additional Serious Driving Offense (such as involvement in a fatal accident or a driving-related Penal Law conviction) may have their privilege to hold a full driver’s license permanently revoked by the DMV.

A conviction for drinking and driving may have repercussions on the defendant’s rights and privileges for years after the arrest.

If you are in this situation, call us at 716-631-9999 for legal help.

When a Buffalo driver has his or her driver’s license revoked following a conviction for drinking and driving, whether that driver will have full driving privileges reinstated following the mandatory minimum revocation period is largely in the hands of the Department of Motor Vehicles.

The DMV has guidelines for drivers with multiple prior alcohol or drug-related driving offenses that may result in such drivers waiting for years before being eligible for a full driver’s license.

It is possible to appeal a DMV decision to deny reinstatement of full driving privileges, although that right is somewhat limited.

An appeal may be brought by submitting an Administrative Appeal Form to the DMV.
If the person appealing the decision does not also submit a request for a restricted driver’s license, the appeal may only be made on legal arguments (e.g., that the DMV misinterpreted the law), not facts.

If a restricted driver’s license is requested in conjunction with the appeal based on compelling or extenuating circumstances, the same facts that support the need for a restricted driver’s license would be before the Appeals Board.

There is no appearance by the defendant or hearing conducted before the Appeals Board.

Instead, the board relies solely on the paperwork provided to it when rendering a decision.

If the appeal to the Appeals Board of the DMV is unsuccessful, the defendant may consider bringing a court proceeding under Article 78 of the Civil Practice Law and Rules.

Such a proceeding, however, usually be limited to whether the DMV clearly violated the law or abused its discretion when making its decision and not address the merits of the decision itself.

The laws surrounding driver’s licenses following a DWI conviction are very complicated.

If you need the help of an experienced attorney, call us at 716-631-9999.

All drivers – even first time offenders – convicted of Driving While Intoxicated, Aggravated Driving While Intoxicated, or Driving with a Blood Alcohol Content of .08% or Greater in the Buffalo area are required to have an ignition interlock device installed on any vehicle they wish to drive.

This device periodically checks the driver’s breath for alcohol.

It will shut off the vehicle or not allow it to start if alcohol is detected.

In some cases, a driver may have completed all of the requirements to have his or her full driving privileges restored, but still be required to have an ignition interlock device installed to continue driving.

Because the DMV will not restore full driving privileges to someone still required to have an ignition interlock device, drivers in this situation must apply for a Post-Revocation Conditional Driver’s License.

A driver is eligible for a Post-Revocation Conditional Driver’s License under the following circumstances:
(1) He or she was convicted Driving While Intoxicated, Aggravated Driving While Intoxicated, or Driving with a Blood Alcohol Content of .08% or Greater;
(2) The court sentenced the driver to a period of probation or conditional discharge;
(3) The driver was ordered by the court to install and maintain an ignition interlock device;
(4) the minimum period of driver’s license revocation required by law has expired.

A driver issued a Post-Revocation Conditional Driver’s License will generally be subject to the same limitations imposed during the mandatory revocation period when using a Conditional Driver’s License, with driving primarily limited to work, school, medical treatment and other necessities.

Understanding how your driver’s license may be impacted by a DWI arrest requires an experienced lawyer.

If you have been stopped for drinking and driving, call us a 716-631-9999 for a free consultation.

When someone whose driver’s license was issued by another state is arrested for drinking and driving in the Buffalo area, the repercussions to his or her driving privileges may be very complicated.

New York State does not have the authority to suspend or revoke a driver’s license issued by another state following a DWI conviction, although that state may take action under its own laws.

New York State will, however, suspend or revoke the right of the out-of-state driver to operate a motor vehicle within the borders of New York State.

If the driver wishes to have his or her right to drive in New York State reinstated at the conclusion of the period of suspension or revocation, it must be handled through the New York State Department of Motor Vehicles.

If the driving privileges of the out-of-state driver were suspended in New York State – which is typical for a first time offender convicted of Driving While Ability Impaired by Alcohol – he or she must pay a suspension termination fee of $50 to the New York State Department of Motor Vehicles.

Once this fee – along with any other fees imposed as a result of the drinking and driving conviction – has been paid, driving privileges in New York State will be reinstated.

If the driving privileges of the out-of-state driver were revoked – which is typical for drivers convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated – the driver must complete and submit a Request for NYS Driving Privileges form (DS-115) along with a $25 fee to the New York State Department of Motor Vehicles.

The DMV will then review the driver’s record to determine if the revocation will be lifted.

An out-of-state driver should not resume driving in New York State until notified by the DMV that driving privileges have been reinstated.

Drivers from another state who are arrested for DWI in the Buffalo area should seek the help of an experienced lawyer. We can be reached at 716-631-999.

Buffalo Penalties For Menacing In The Third Degree (NY PL 120.15)

As a B Misdemeanor, a conviction for Menacing in the Third Degree (NY PL 120.15) in Buffalo means that you may spend as long as three months in jail and face fines of up to $500.

For people struggling to hold it all together between their job, their kids, and having some kind of life, that’s too high a price to pay for what may amount to a misunderstanding.

Fighting Menacing in the Third Degree charges is never a slam dunk, but you don’t have to go it alone.

The attorneys at Friedman & Ranzenhofer are some of Buffalo’s most experienced criminal defense attorneys, and we make sure our clients have the very highest level of representation available.

You don’t have to lose months of your life and face fines for conduct that was misconstrued.

Call 716-542-5444 today for a free consultation with an experienced Buffalo criminal defense attorney.

Buffalo Penalties For Menacing In The Second Degree (NY PL 120.14)

One of the biggest misconceptions we encounter when people reach out to us is the idea that a misdemeanor charge is nothing serious.

While some misdemeanor charges may not be cause for concern, if you’re facing a Menacing in the Second Degree (NY PL 120.14) charge in Buffalo, you should know that conviction can result in up to a year in jail.
As a Class A Misdemeanor, a conviction for Menacing in the Second Degree can also mean a fine of $1,000.

Still think your misdemeanor Menacing charge isn’t anything to worry about?

There is help though. As criminal defense attorneys in Buffalo, the lawyers at Friedman & Ranzenhofer have decades of experience in protecting clients from criminal charges at every level.

We know how to attack menacing cases and which evidence is most likely to persuade a jury.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

Buffalo Penalties For Menacing In The First Degree (NY PL 120.13)

In Buffalo, the charge of Menacing in the First Degree (NY PL 120.13) is graded as a Class E Felony, which means that if you’re convicted, you’ll face between one and four years in prison.

After your release, you’ll also face a future where you’re forever “checking the box” on job and housing applications, and your felony record will disqualify you from many public benefits.

Felony convictions create an extremely difficult future for many people in Buffalo.

The good news is that the charge itself is subject to rebuttal, and an experienced Buffalo criminal defense attorney can make a big difference in your case.

Menacing charges are often based on wrong impressions and unreliable witness statements.

The attorneys at Friedman & Ranzenhofer know how to push back against menacing charges in Buffalo.

Call us today at 716-542-5444 and talk to a lawyer for free.

When a marriage in Buffalo has been relatively short, the odds of a higher-earning spouse having to pay spousal maintenance, also known as alimony, are greatly reduced.

If there is a reason for the spouse to pay spousal maintenance, the amount and duration of the award should be considerably less than they would be in a longer marriage.

The best way to protect yourself in a divorce is to work with an experienced divorce lawyer who puts your interests first.

At Friedman & Ranzenhofer, our attorneys have been representing people in Buffalo through their divorces for decades.

We can help you get the best possible settlement in your divorce, and move on with your life as smoothly as possible.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo divorce lawyer.

Buffalo Penalties For Aggravated Assault Upon A Person Less Than Eleven Years Old (NY PL 120.12)

Predicate felony offenders are subjected to a higher punishment threshold than those who haven’t already been convicted.

With Aggravated Assault Upon a Person Less Than Eleven Years Old (NY PL 120.12) in Buffalo, the state alleges that you, as an adult, committed the crime of assault in the third degree against a child younger than eleven years old, and that you have a prior conviction in the past ten years for doing so.

While the underlying crime, if committed against an adult, would be prosecuted as a A misdemeanor, the charge you’re facing is an E felony, with a sentence of four years possible if you’re convicted.

Assault charges can be defended in a variety of ways, but when the victim is a young child, your options for defense narrow.

You need the most experienced legal help available, who can help develop a defense that can withstand the scrutiny of the court.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

Buffalo Penalties For Aggravated Assault Upon A Police Officer Or Peace Officer (NY PL 120.11)

As a class B felony, Aggravated Assault Upon a Police Officer or Peace Officer (NY PL 120.11) in Buffalo can put you away for as long as 25 years.

And when it comes to assaulting a cop with a deadly weapon or dangerous instrument, you can count on law enforcement and the prosecution to be highly motivated to convict you.

Don’t expect any leeway from a judge, either.

An allegation that you caused serious physical injury to a police or peace officer engaged in their official duties won’t win you any points with any judge in Buffalo.

The attorneys at Friedman & Ranzenhofer know that defending against charges like Aggravated Assault Upon a Police Officer can be difficult, but these cases are also winnable.

We work closely with our clients to reach the best possible outcome for them.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.