LoTempio P.C. Law Group
Call Us For A Free Initial Consultation 716-427-6683
Search
LoTempio P.C. Law Group

Buffalo New York Legal Blog

What you need to know about Buffalo-area sobriety checkpoints

Police in most states, including New York, use sobriety checkpoints to discourage drunk driving. Police at checkpoints randomly stop drivers and look for signs of impaired driving. The checkpoints typically are used around holidays on routes that have a higher-than-normal rate of DWI arrests or DWI-related crashes.  

Many people question the constitutionality of sobriety checkpoints, but the U.S. Supreme Court decided in 1990 that sobriety checkpoints are legal.

I got arrested for DWI. What should I do now?

If you've been arrested for DWI in New York, don't assume that your only option is to plead guilty and hope for the best. Even if you think you might be guilty, there may be possible defenses available, as well as ways to minimize the damage of a conviction. We recommend contacting an attorney for an assessment of your case.

If you are convicted of DWI, you could be facing a number of serious consequences. For example, for a person over 21, a typical, first-offense DWI at 0.08 percent blood alcohol content could get you up to a year in jail and a fine of between $500 and $1,000. That fine doesn't include the mandatory crime victims' assistance fee, conviction surcharge, or driver responsibility assessments -- or the increase in your insurance rates. In addition, your driver's license will be revoked for up to six months. The court may require you to install and maintain, at your own expense, an ignition interlock device.

NY workers' comp reform plan may reduce benefits to workers

The New York State Workers' Compensation Board has just released a new proposal on how permanent impairments will be evaluated. According to the board's chair, the proposal "will incorporate advances in medicine that result in better healing and outcomes for injured workers to use in evaluations and determinations for schedule loss of use awards."

Unfortunately, it's not clear how advances in medicine will be accounted for in schedule loss of use awards, which are payments for permanent impairments.

To end epidemic, Sessions seeks culture 'hostile to drug use'

Attorney General Jeff Sessions appears to be calling for an overall crackdown on drug use in the United States, viewing it as the best way to reduce deaths from opioid overdoses. Speaking before the annual meeting of the National Alliance For Drug Endangered Children, Sessions said that 2016 saw the highest number of drug overdose deaths so far.

Citing preliminary data for 2016, Sessions said there were nearly 60,000 overdose deaths last year. He called the epidemic "the top lethal issue" in the U.S.

How will divorce or separation affect your taxes?

If you will be finalizing your divorce or legal separation this year, you need to know how changing your marital status will affect your taxes. We can't give legal advice or cover every topic in a blog post, but a few of the major issues include how alimony and child support are treated, contributions to individual retirement accounts, and name changes.

Child support is not considered taxable income and cannot be deducted by the paying party. However, if you have children, you should know that you may be able to claim them as dependents. Generally, the custodial parent gets to claim the children as dependents. The custodial parent is defined, for IRS purposes, as the parent with whom the child lived for the greater part of the year.

Employers should work to prevent injuries among older workers

By 2024, older workers will make up a full quarter of the labor market, according to government estimates. In 2015, workers 55 and older were involved in 35 percent of all fatal workplace accidents. Are the two facts related?

After all, even normal aging is associated with a variety of physical issues, including changes in balance and response time. Accumulated damage over time can reduce hearing and vision. Aging is often associated with osteoporosis, or brittle bones. These changes "could potentially make a workplace injury into a much more serious injury or a potentially fatal injury," noted one public health epidemiologist.

Road deaths leveling off so far this year, still far too high

The National Safety Council has issued a preliminary estimate of the number of traffic fatalities so far in 2017. The good news is that the number is down 1 percent over last year's number from the same period. The unfortunate news is that the U.S. is still recovering from the highest two-year increase since at least 1964. That leaves us with an 8-percent higher death rate in the first half of this year than the same period in 2015.

Even more troubling, the second half of the year -- July through December -- tends to be deadlier than the first half.

Study: Black & Latino drivers more likely to be searched

People of color have long suspected they were under increased scrutiny by police, and a recent Stanford University study confirms that Black and Latino drivers are searched during traffic stops at a higher rate than whites. This was true despite the fact that Latinos are statistically less likely than whites to be pulled over in the first place.

Researchers with Stanford University's Open Policing Project reviewed records on more than 64 million traffic stops performed in 20 U.S. states between 2011 and 2015. They had collected records on about 50,000 traffic stops performed each day and entering them into a database. Some states provided more information than others. Their goal was to determine whether any statistically significant evidence of racial bias could be found.

What benefits does New York workers' compensation offer?

So, you've gotten injured at work. Although there are certain industries that are more likely to result in injuries, such as driving or construction work, anyone from a cashier to a secretary can suffer serious injuries while working.

Common forms of work-related medical issues include traumatic injuries as the result of an accident, painful conditions resulting from repetitive motion or improper back support and acquired illnesses from exposure to infectious agents or carcinogens while working. Many times, these conditions can result in severe pain, medical expenses and even an inability to work for some time.

Reducing construction deaths by holding contractors accountable

In just the past ten years, 500 New York construction workers have died on the job. The names of some of the victims appear in the New York Committee for Occupational Safety and Health's (NYCOSH's) annual report, Deadly Skyline. Among them are Hector, Alex, Igor, Lorenzo, Jeffrey, Paul, Juan, Frank, Fernando, Sharon, Jorge and many others. Their ages range from 21 years old (Alex) to over 60. Most are men, but some are women.

These are the names of people who needlessly lost their lives. Many, many more workers are injured every year.

  1. Personal Injury

    A client settled their case against a homeowner for $275,000 for a fractured leg with surgery as a result of a fall from a ladder while assisting the homeowner install a second floor ladder.

  2. Wills, Trusts, Estates

    An estate received $57,500 in a wrongful death case involving a defective medical alert device.

  3. Personal Injury

    A client was injured while pulling a hamper with a defective handle which resulted in cervical herniation which then required surgery. The client settled the claim against the hamper owner for $495,000.

  4. Criminal Law

    A man was accused of aggravated animal cruelty for shooting his dog acquitted of all charges.

  5. Criminal Law

    The defense counsel asserted constitutional rights so that no charges were brought against a store owner for tax evasion.

  6. Business, Corporate and Employment Law

    We successfully collected thousands of dollars for a company on a breach of contract issue.

  7. Personal Injury

    A woman received $83,750 for a right knee injury she sustained due to the negligence of a local restaurant and bar.

  8. Criminal Law

    Our counsel successfully suppressed evidence in State Court from an improper search of a residence.

  9. Personal Injury

    A victim of a rear end accident settled with the defendant for $25,000 and then resolved a SUM claim for an additional $200,000 as a result of cervical disc herniations with a recommendation of surgery.

  10. Criminal Law

    A man was acquitted of Driving While Intoxicated and all other charges. The defense showed that the people failed to prove the operation of the motor vehicle.

  11. Criminal Law

    A Niagara Falls resident was accused of murdering a man shot outside his home and with whom he had previous fight and was acquitted on all charges.

  12. Workers’ Compensation and Social Security Disability

    A man received a $2.4 million settlement for pain and suffering, and lost wages due to a work-related accident.

  13. Criminal Law

    A man’s charges for Aggravated Harassment were dismissed when the defense counsel moved to dismiss charges for insufficient paperwork.

  14. Personal Injury

    A man obtained a settlement of $1.8 million when he lost his wife due to the administering of the wrong prescription.

  15. Personal Injury

    A woman received $100,000 for a neck injury she sustained in a motor vehicle accident.

  16. Personal Injury

    A woman was awarded $115,000 for head and neck injuries she sustained in a motor vehicle accident.

  17. Personal Injury

    A woman received a $250,000 settlement from a slip and fall at a rental property where she injured her back.

  18. Personal Injury

    A woman received $62,000 for a neck injury she sustained due to the negligence of a commercial property owner.

Email Us For A Response

Contact Our Legal Team

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

LoTempio P.C. Law Group | Complete Counsel

LoTempio P.C. Law Group 181 Franklin Street Buffalo, NY 14202 Phone: 716-427-6683 Fax: 716-855-3437 Buffalo Law Office Map