Amherst Legal Issues Blog | Buffalo

Did a night out lead to public intoxication charges?

On behalf of Michael Charles Cimasi of Cimasi Law Office on Friday, October 11, 2019.

When most people go out with their friends, they intend to have a good time. They may find a place to hang out, see a show, get a meal or have a few drinks. When it comes to drinking, you know that you should never get behind the wheel of a vehicle after consuming alcohol. However, even if you avoid that particular activity, you could still end up facing alcohol-related charges.

You may know that you and your friends have a penchant for getting a bit raucous on your nights out. However, you never set out with the intention of bothering other people or getting into trouble. You just want to have a good time. Still, even if it is not your goal to disturb others, it could happen.

Nurses often face additional ramifications from a DWI

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in dui on Friday, October 4, 2019.

Seeing flashing lights in the rearview mirror is never a good sign. When police stop an Amherst resident and suspect the individual of drunk driving, a driver's anxiety can skyrocket as he or she considers the consequences associated with a conviction. If that driver is a nurse, the situation can become even more stressful since nurses tend to face additional ramifications from a DWI conviction outside of the criminal justice system.

In addition to potentially facing jail time, fines, a driver's license suspension, community service, probation and/or alcohol treatment, a nurse could face disciplinary action from the state's board of nursing. At the heart of most inquiries is ensuring that a particular nurse is not a danger to patients, the public or to him or herself. Part of the consideration is whether the offense included injury or death, or was charged as a felony. Employers could also impose their own sanctions.

Is your Amherst health care practice involved in a dispute?

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in health law on Thursday, September 26, 2019.

When you opened your doors, all you wanted to do was help your patients. However, like any other health care practice here in Amherst, the potential for disputes exists because you deal with the public, other businesses and perhaps other partners. If you do end up in a dispute, it would be wise to deal with it as quickly and efficiently as possible.

You do your best for your patients, but they may not always think so. When it comes to a successful health care practice, word of mouth is essential. If a patient suffers harm or is upset with you for some other reason, you need to do what you can to resolve the issue in order to avoid any potential damage to your reputation in the community. In addition, your professional license could be in jeopardy as well.

A DUI conviction costs New York drivers more than they think

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in dui on Tuesday, September 10, 2019.

Being pulled over can make even the calmest New York driver nervous, especially if he or she recently had a drink. If a police officer suspects impairment, that driver could face charges for DUI. If those charges result in a conviction, it could end up costing that driver more than he or she realizes.

Most people are aware that they could lose their license for a certain amount of time, pay some fines, pay some administrative and court fees and maybe even spend some time in jail. What they may not realize is that their insurance rates could rise dramatically. Here in New York, those rates could climb as much as 41%.

What does it mean to face assault charges?

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in criminal defense on Monday, August 26, 2019.

Perhaps an altercation with someone got a bit out of hand. An Amherst resident did not exactly behave as he or she ordinarily would, but thought the matter was put to rest. Then, that person finds him or herself under arrest and facing assault charges.

But no physical contact occurred. How could he or she face charges for assault? Understanding the legal definition of assault and knowing what elements prosecutors must prove could help in building a defense.

You may have grounds to fight that traffic ticket

On behalf of Michael Charles Cimasi of Cimasi Law Office on Monday, August 19, 2019.

Whether an officer pulled you over on the way home from work or you got a ticket in the mail because of a camera at a traffic light, a ticket can seem like a major inconvenience. In reality, it is much more than just an annoyance you need to address as soon as possible. A traffic ticket can represent significant financial penalties and other consequences that affect other areas of your life.

You have the right to fight back against a traffic ticket. You may think this is not necessary or that it would be better just to pay the fine and move on. There are actually several effective ways that you can dispute a ticket. Before you pay or assume that you have no options, you may want to speak with an attorney about the most appropriate way forward.

Does a tenant have a legal defense to eviction?

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in landlord evictions on Thursday, August 15, 2019.

Amherst rental property owners already know that each party to a lease agreement has certain rights. Even so, some landlords may believe that once they initiate eviction proceedings, they are guaranteed to win. The truth is that may not always be the case. Tenants do have some defenses that could change the outcome.

It may be tempting to accept even partial payment for rent when a property owner believes a tenant has breached his or her lease agreement. Accepting such payments could waive the right to evict. It may be possible to have the tenant sign an acknowledgement that making a partial payment does not waive the property owner's right to proceed with an eviction.

New York woman accused of drunk driving in crash involving bus

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in dui on Wednesday, July 31, 2019.

Sometimes, when people are involved in a traffic accident, they panic and respond in a way that may be out of character for them. However, failing to remain at the scene of an accident can have serious consequences. In fact, a woman in New York now faces multiple criminal charges, including drunk diving, after police say she fled the scene of an accident.

The incident that led to the 36-year-old woman's arrest reportedly happened just before 8 a.m. on a day in mid-July. Reports claim that the woman, driving a van, struck the rear of a school bus containing two adults and three children. She allegedly left the scene and struck a trailer attached to a pickup truck soon after. No one was injured in the incidents.

A driver may not need to pay a speeding ticket

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in traffic tickets on Friday, July 19, 2019.

Like everywhere else, police officers here in Amherst are tasked with protecting and serving the public. While it may seem like more of an annoyance, handing out tickets for traffic violations is part of that duty since it helps keep the roads safe. Even so, there are times when violating traffic laws such as speeding do not jeopardize safety or may be necessary. For this reason, not every speeding ticket should be paid.

Of course, in some instances, the person accused of speeding may not have been the guilty party. Radar guns are not foolproof, and an officer's gun may have been reading the speed of a similar vehicle. Moreover, like any other electronic device, radar guns do not always function properly. If a driver knows that he or she was not exceeding the speed limit, it would be within his or her rights to challenge the ticket.

Why it's important to pay attention to that traffic ticket

On behalf of Michael Charles Cimasi of Cimasi Law Office posted in traffic tickets on Monday, July 1, 2019.

When Amherst residents receive a New York driver's license, they may quickly review the points system for the state. Failing to closely scrutinize these rules could end up being a mistake. Drivers who receive traffic tickets for what they consider minor infractions could end up receiving word that their licenses are suspended, and they may not know why.

Here in New York, it only takes 11 points on a license within 18 months for a license to be suspended. Every traffic ticket is assigned a certain amount of points, and they can add up quicker than a driver realizes. For instance, speeding, which is a common traffic law violation, could result in anywhere from three to 11 points assessed on an individual's license depending on the number of miles over the speed limit he or she was driving at the time a police officer issued the ticket. Driving just one to 10 miles over equals three points, and it only goes up from there. In some instances, a driver could accumulate 11 points in one incident, which would mean an immediate suspension of driving privileges.

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