Godwin Hurley Donoghue, LLP

Buffalo Legal Issues Blog

Apparent ambulance theft may violate criminal law

Being charged with robbery in New York can be cause for alarm on many levels. What are the long- and short-term implications for one's future? What does it do to one's employment options if one faces jail time? What are one's rights while facing criminal law charges? All of this and more may be going through the mind of a man from the Wellsboro area who was recently arrested and charged with burglary and vehicle theft.

The alleged incident started early on a recent morning. A resident called in a burglary, and when officers responded, they found that a thief had apparently entered the home and searched it and then left after taking $52 in cash. A short time later, officers were called to an area high school and were told there was an ambulance on the lawn and that alarms were sounding. When the police arrived, they found chairs positioned in such a way that they may have been used to attempt to break a window.

Felony DWI charges result from additional factors

A drunk driving charge can lead to many complications. Dealing with the aftermath of an arrest and the potential penalties for a conviction can be stressful and fill one with uncertainty. However, when a DWI arrest includes exceptional circumstances, a New York driver may have even more to fear. Some factors can add to the severity of a DWI charge and may result in felony charges.

For example, police arrested a man for driving while intoxicated one recent afternoon. The 61-year-old man drove his car up to a police officer and asked a question. The officer apparently suspected the man had been drinking and observed him as he drove away. Reports indicate that the officer noticed the man's vehicle swerving between lanes, so he pulled the man over to investigate.

Argument can end with a need for criminal defense

It is said that love and hate are two closely linked emotions. They both inspire passion and can lead to crimes of passion in New York. In what may have been such a circumstance, a man finds himself in need of a criminal defense.

A man in Brooklyn allegedly got into an argument with his wife and daughter. The argument reportedly got heated, and the wife and daughter were reportedly stabbed by him in the heat of the argument. He then allegedly set a room of the apartment on fire, after stabbing himself.

What common injuries do New York construction workers suffer

Working construction can be a financially rewarding career, especially since there always seems to be some building, renovating or demolition going on somewhere in New York at all times. With the prospect of a good job comes the reality that it is also a dangerous job.

Nearly everything at a construction site could cause you injury. Accidents happen far too often, even when employers and employees alike make safety a priority. You may feel as though it is not a matter of "if" you suffer an injury, but "when" you suffer an injury. Even so, it doesn't keep you from showing up to work.

Distracted driving can contribute to motor vehicle accidents

When an American teen reaches the age of 16 he or she can take a test and legally be able to drive in New York. Having that right obliges one to follow the laws that are established to protect oneself, others in or near the roadway and property. Failure to obey these laws can result in serious motor vehicle accidents.

On a Saturday afternoon in Brooklyn a 63-year-old woman was in her car going about her business. She entered an intersection and was struck by a car that was driven by a 19-year-old. The older woman suffered severe upper body injuries. She was transported to an area hospital where she died as a result of the severity of her injuries.

Drunk driving can be a hard charge to face at 21

Being 21 can be an exciting age. One may be in college and contemplating life after school as graduation approaches. At 21 a person my begin to feel like a grownup and think about grownup things such as marriage, career and family. It's also the age at which a person can drink legally in New York. Sadly it's not always easy to know one's own limits and how consuming alcohol could lead to a Being 21 can be an exciting age. One may be in college and contemplating life after school as one approaches graduation. At 21 a person my begin to feel like a grown up and think about grown up things, marriage, career and family. At 21 a person can also drink legally in New York. Too often 21- year-olds take this one to an extreme, don't know their limits and drink and drive. This can lead to an arrest and drunk driving charge, or worse. In an incident in Ontario County recently a woman was charged with driving under the influence while officers were investigating the scene of an accident. The woman showed signs of intoxication and so the officers administered field sobriety tests while they were there. The test results indicated she had probably been driving under the influence. The officers placed her under arrest and transported her to the local police station. They administered a chemical breath test which showed a blood alcohol content of .26 percent. The legal limit in New York is .08 percent and if the reading is .18 percent or higher it is considered to be evidence of an aggravated DWI. At 21, it is hoped that a person can handle the responsibility of drinking responsibly and refraining from driving if necessary. The reality is that lapses in judgement occur and mistakes can be made. A young person facing a drunk driving charge, particularly a first offense, could benefit from the counsel of an experienced criminal defense attorney. On a first offense there may be options available for reduced charges and a knowledgeable lawyer can advise the client as to what legal options may be available. drunk driving charge.

In an incident in Ontario County recently a woman was charged with driving under the influence while officers were investigating the scene of an accident. The woman reportedly showed signs of intoxication and the officers administered field sobriety tests while they were there. According to police, the test results indicated she had been driving under the influence.

Railroad law is intended to protect injured workers

Working on the railroad can be dangerous, particularly for maintenance and track engineer workers. A federal law that was put into place in 1908 was intended to protect railroad workers. It is called the Federal Employers Liability Law (FELA) and was intended to protect workers on Amtrak, commuter and freight rail lines working in New York and around the nation. As railroad law, it is not without its problems.

There are two recent cases of injured rail workers in another state who brought suits against the state for their injuries. The state transit agency claims immunity from such suits under FELA. In addition, the state agency had previously requested that a federal court drop similar suits claiming immunity based on the 11th Amendment that implies that as a state entity it enjoys immunity from suits filed in federal court.

Construction industry still has large percentage of fatalities

If you live here in Buffalo and work in the construction industry, you probably have more than one story to tell about a close call you or one of your co-workers lived through. Sadly, you may also have stories about co-workers or friends in the industry who suffered serious injuries or died on the job.

Many construction companies know that safety should remain at the forefront of their operations. They use the latest technology and ideas to keep their workers safe, but not every company creates an atmosphere in which you feel like your safety matters. The tone set by a company on a job site affects how you and the other workers view your safety.

Being charged with a DWI can be overwhelming

Being charged with drunk driving can be frightening and can have many negative affects on one's life. These can range from loss of a driver's license, loss of a job or to having to serve jail time in New York. It is also worth noting that there are other circumstances that can lead to one being pulled over on suspicion of a DWI. These can include fatigue or effects of medication.

A woman in Long Island was recently accused of drunk driving following an accident involving a construction truck. She faces a misdemeanor charge for driving while intoxicated as well as numerous vehicle and traffic violations. The incident occurred in the town of Greenburgh.

FELA offers protections for workers and companies

Working in a rail yard can be dangerous work in New York and elsewhere. A man in another state recently suffered a severe injury while performing his job. The Federal Employers Liability Act exists to protect workers and companies in such cases. Where workers' compensation regulations exist for other employee protections, FELA exists to protect railroad workers in the event of a serious workplace injury.

A worker was sorting empty rail cars when the accident occurred. He was setting a hand brake on the last of a string of cars when additional cars collided with them causing a car to roll over his left foot. He was wearing a steel toed boot but the accident left him with compound fractures that led to 13 surgeries. Complications led to the eventual amputation of his left leg beneath the knee. After rehabilitation, the worker returned to his job and intends to stay as long as he is capable of performing that job.

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