Archive for April, 2009

FREE LEGAL ADVICE FOR BUFFALO HOUSING DISCRIMINATION

Tuesday, April 21st, 2009

Free legal information, advice and representation for unfair treatment or denial of housing based on age, sex, sexual preference, race or ethnic origin, nationality, religion, disability or marital status is available in Buffalo and Western New York from these organizations:

Housing Opportunities Made Equal Inc. (HOME):  Investigation & counseling for victims of housing discrimination. Paralegal counseling for landlords and tenants. Information about fair housing law. Technical assistance for government, housing and service providers. Housing and human service information and referral. Housing search assistance for Section 8 participants. Research and compliance monitoring.

HOME’s mission is to assure the people of Western New York equal opportunity to live in the housing and communities of their choice through education, advocacy, the enforcement of fair housing laws and the creation of housing opportunities. www.homeny.org (716) 854-1400.

HUD Housing Counseling:  Housing, counseling services and workshops on pre-purchase, post-purchase, reverse mortgages, rental, mortgage default and financial education. www.belmontshelter.org  (716) 884-7791.

Neighborhood Legal Services:   Handicapped rights, legal advice/representation to developmentally disabled and others. Family problems-child snatching, victims of domestic violence, housing problems-landlord/tenant, housing discrimination, public, etc.

Entitlements:  Welfare, food stamps, Medicaid, SSI, utilities. PAMII – Protection Advocacy for mentally Ill individuals. Vocational rehabilitation – assistive technology issues. www.nls.org (716) 847-0650.

New York State – Division of Human Rights: Intake and investigation of notarized complaints alleging discrimination in the jurisdiction of employment, housing, public accommodations, credit, education (non-sectarian), and volunteer fire company department on the grounds of age (18 & over), race, color, national origin, sex, creed, marital status, disability, familial status (families with children), previous arrest record or conviction record, military status or sexual preference. www.dhr.state.ny.us – (716) 847-763

Western New York Law Center Inc:   Legal representation for residential home foreclosures; housing discrimination, and disability rights cases. www.wnylc.net (716) 855-0203.

Posted in Buffalo and WNY Free Legal Resources | 1 Comment »

BUFFALO NEW YORK DWI ZERO TOLERANCE LAW

Monday, April 13th, 2009

The New York Zero Tolerance law applies to those under age 21 who operate a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%.

If you are stopped by a police officer in New York for having consumed alcohol and the officer deems that you are younger than 21 and appear to have consumed alcohol, you will be temporarily detained for the purpose of taking a breathalyzer test to determine your blood alcohol level (BAC).

If you refuse to take a breath test, you will be subject to a license revocation of at least one year.

If your BAC is .02% or more, but not more than .07%, you will be charged with the traffic offense of “driving after having consumed alcohol.” You will be given a notice to appear for a hearing before an administrative law judge of the New York Department of Motor Vehicles (DMV).

If your BAC is more than .05% but not more than .07%, the police will have the option of charging you with “driving while ability is impaired by alcohol” (DWAI).

If your BAC is more than .07% but less than .08% you will be charged with the offense of “driving while ability is impaired by alcohol” (DWAI).

If your BAC of .08% or more, the charge will be “driving while intoxicated” (DWI). If you are charged with either DWI or DWAI, you will be arrested and requited to appear in criminal court.

While being charged with driving after consuming alcohol is considered a serious violation of the law, it is not designated as a crime and you cannot be sentenced  to jail.

However, at the very least you will have your New York license suspended for six months and pay a civil penalty of $125. You must pay an additional $100 fee when your license is returned.

The charge will remain on your record for three years or until you are 21, whichever is longer. You will be required to surrender  your license to the  New York DMV.

Your New York license will be returned to you at the end of the suspension period

If you have any prior alcohol-related traffic offenses on your record, your license will be revoked for one year or until you reach the age of 21, whichever is longer. You will be required to surrender your license to the New York  DMV.

At the end of the revocation period, you may apply for a permit and start the licensing procedure.

If your New York license is suspended under the zero tolerance law, and you do not have any prior alcohol-related convictions on your license, you may be eligible for a conditional license. However, in order to receive one, you must enroll in and complete an approved Driver Program.

Both the program and the conditional license carry additional costs. A conditional license will allow you to drive back and forth to work and school, but it is not the same as a full license.

For further information on New York jail time and fines for DWI, see Buffalo and WNY DWI Sentencing guidelines.

Posted in Buffalo NY Criminal Law | No Comments »