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Are you facing charges for battery against a police officer?

Before ending up arrested by police, you likely already knew that getting into a physical altercation with another person could lead to trouble. Assault or battery charges could easily stem from such an event, and you may never have anticipated ending up in such a scenario yourself -- until now.

Unfortunately for you, your situation goes beyond a simple battery charge. An enhanced charge is likely to come against you because the other person involved in the alleged altercation was a police officer. Now, you face a charge of battery against a police officer, and you know that the possible consequences are harsh.

The options after receiving a traffic ticket

Many New York residents take a misdemeanor or felony criminal charge seriously. However, when it comes to getting a traffic ticket, most people shrug them off and pay them just to move on with their lives. The problem is that could end up being a mistake since receiving enough points on a driver's license within a certain amount of time could result in a suspension, which would definitely disrupt their lives.

When Amherst residents take a trip downstate and into the city, they could end up getting a cited for a traffic violation in one of the five boroughs. When that happens, it would be prudent to deal with it as quickly and efficiently as possible. It may seem as though simply paying the ticket would do that, but again, it could have unforeseen repercussions. Individuals can plead not guilty, which would trigger a hearing in a New York State Department of Motor Vehicles Traffic Violations Bureau in front of an administrative law judge.

Drunk driving charge brought against driver with child in car

Getting pulled over by a police officer can certainly cause anyone's heart to skip a beat. When the officer seems to suspect something illegal taking place other than a simple traffic violation, the traffic stop can easily become more nerve-wracking. In some cases, an officer may request for a driver to participate in field sobriety tests, and the results could lead to a drunk driving charge.

This type of dilemma recently affected a driver in New York. According to reports, an officer stopped the 30-year-old man's vehicle for undisclosed reasons. The officer allegedly suspected that the man was showing signs of intoxication, but it was unclear what those signs may have been. Nonetheless, the driver participated in field sobriety tests, which the officer says he did not pass.

Can you get arrested for drinking and hunting?

It would only make sense that the state of New York would not want people walking around with heavy firearms while intoxicated. The potential for disaster is almost guaranteed under those circumstances. Until Sept. 1, 2019, the legal limit for drinking and hunting was 0.10, but on that date, it was reduced to 0.08, which is the same legal limit for drinking and driving any motor vehicle, including boats.

Each house of the New York legislature passed the amendment by an overwhelming majority. The rationale is that if an individual cannot safely operate a motor vehicle, then hunting should be out of the question as well. Diminished judgment, perception and motor skills are no better for someone hunting than for someone driving after drinking.

DWI and the professional assistance program

Amherst residents with a career that requires state licensing face scrutiny from many sources. When their behavior violates the ethical code of their profession, it can cost them that license and, thus, their livelihood. For instance, if someone with a professional license faces DWI charges, it could lead to devastating professional consequences.

The professional assistance program could provide a way to avoid some of those repercussions. Individuals who qualify can temporarily surrender their licenses and undergo treatment for substance abuse instead of facing disciplinary action. Under certain circumstances, individuals may still practice their profession, as long as they do not pose a threat to those they serve.

How long will it take to resolve my car accident claim?

Suffering injuries in an automobile accident can take a toll on your life in several ways. If involved in a car accident, the state of New York allows you to seek compensation for your losses. How you go about doing that and how long it will take depend on many things.

Every accident case is unique. There are times when people can reach settlement terms quickly, without having to go to court. There are also times when litigation is the only way to achieve maximum relief. No matter which way your case goes, seeking compensation all starts by reporting the issue with insurance.

New York's new discovery laws help make criminal defense easier

Being accused of breaking the law can be a frightening experience for any Amherst resident. The outcome of the case will have significant effects on his or her future. Having the opportunity to prepare the best criminal defense possible often includes knowing what evidence prosecutors have to present to the court. A new law that went into effect this year could help with that endeavor.

In preparing a defense, an Amherst resident needs all of the information prosecutors have. Up until recently, the government could legally withhold certain information. Now, a new law requires all information to be turned over to a person facing criminal charges long before a trial is set to begin, which gives him or her ample time to review the information and formulate a defense.

The right to remain silent applies even before an arrest

Even being pulled over in a traffic stop is enough to make many Amherst residents nervous. They may feel as though they are obligated to answer any questions posed to them by police, and officers will not usually correct them. The fact is that the right to remain silent applies even before a person is placed under arrest, including during a "stop and frisk," during which officers have the right to briefly detain individuals when they reasonably suspect a crime was or is about to be committed.

Most everyone knows that, once under arrest, one has the right to remain silent and to talk to an attorney. However, there remains a gray area when it comes to exercising this right before an arrest. As far as the United States Supreme Court is concerned, there is no gray area, but when it comes to lower courts and appellate courts, some confusion continues to occur. Correcting this problem will more than likely take more people coming forward to complain about arrests resulting from the refusal to answer police questions prior to an arrest.

Don't risk charges for drunk driving during the holidays

During the holiday season, police here in Amherst and elsewhere are often out in force looking for impaired motorists. They watch for people who may have had one too many drinks at a holiday party or family get-together. While there is nothing wrong with enjoying some holiday cheer, it would be wise to take the steps necessary to avoid charges for drunk driving.

Two primary ways exist for making this happen. The first is for individuals not to drink if they intend to drive. The second is to find a safe ride home if they intend to drink.

Driver could face more than just DWI charges in fatal crash

As is the case anywhere else, Amherst police often begin their investigations into motor vehicle accidents by questioning whether a driver involved was impaired at the time. If there is enough evidence to make police believe their suspicions are substantiated, then a driver could end up under arrest and facing DWI charges. Thereafter, police will conduct the remainder of their investigation into the crash, which could mean more charges for the alleged impaired driver.

For instance, a 33-year-old man was driving when his vehicle crashed. During the accident, the vehicle rolled and caused fatal injuries to a 38-year-old passenger. The other two passengers suffered serious injuries for which they were taken to a hospital in the area. When police arrived, they suspected the driver of intoxication and arrested him on that charge.

Whether your arrest was minor or life-changing, never forget that you have
options. Your rights are important. Take advantage of your rights now.

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Amherst, NY 14226

Phone: 716-267-6430
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