Nicholas Michael Rossi’s Answers

Nicholas Michael Rossi

Buffalo Criminal Defense Attorney.

Contributor Level 4
  1. Do DWI offenses go by arrest or conviction?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Christopher Irvin Simser
    3. Terri Beth Kalker
    4. Marco Caviglia
    5. John C Nelson
    6. ···
    7 lawyer answers

    The DWAI conviction will not be considered a predicate, so this new arrest will be charged as a misdemeanor (as opposed to a felony). However, assuming you have taken the DDP class within the last five years, you will not be eligible for a conditional license. My office is in Buffalo, if you wish to discuss this matter further feel free to call and schedule a consultation - 716-854-5555.

    7 lawyers agreed with this answer

  2. A vacation on a cruise is being planned. I have a friend convicted of a dui. I want an opinion on the certainty he can travel?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Nicholas Michael Rossi
    3. Thomas D. Boley
    4. Matthew C Simon
    5. Zev Goldstein
    5 lawyer answers

    He will have to clear any travel through his probation officer. If it is an international cruise, he will have to check the immigration policies of any countries he wishes to enter, as some nations prohibit entry, even on a temporary/short-term basis, to individuals that have been convicted of a crime.

    6 lawyers agreed with this answer

  3. How likely is it that I can get DWI charge reduced?

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Steven Marc Raiser
    3. Joseph A Lo Piccolo
    4. Nicholas Michael Rossi
    4 lawyer answers

    With a BAC reading of 0.12 it is possible to get the DWI charges reduced to the non-criminal violation of Driving While Ability Impaired. The DA's Office in Erie County has a general policy of allowing reductions on DWI's with a BAC reading of 0.13 or lower. That said, each case is unique and the ADA handling your file will look at all of the facts surrounding your case. The fact that you were cooperative with the Police and have no priors will certainly help. Which court is your case in?...

    3 lawyers agreed with this answer

  4. I'm a thirty nine year old male with diabetes, I was diagnosed when I was 28. Recently, I was charged with a DWI.

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Christopher Jude Pelli
    3. Nicholas Michael Rossi
    4. Richard C. Southard
    4 lawyer answers

    The fact that you were invalid in a property damage accident and with a BAC well over the legal limit certainly complicates things. In a situation with a similar BAC reading and no accident, an experienced attorney may be able to negotiate a plea to the non-criminal violation of Driving While Ability Impaired. However, with the accident, it would certainly make it more difficult in order to get a favorable plea offer as the DA will likely be pushing for a criminal conviction. Alcohol...

    3 lawyers agreed with this answer

  5. Should we hire a private lawyer to fight a case for a DWAI Spec Vechicle 1st Offense when my husband blew a .79 at the station?

    Answered over 2 years ago.

    1. Scott Evan Gross
    2. Steven Marc Raiser
    3. Joseph A Lo Piccolo
    4. Nicholas Michael Rossi
    5. Benjamin J Lieberman
    5 lawyer answers

    You should certainly hire private counsel. DWAI is a violation, not a crime, however it does carry many of the same collateral consequences of a criminal DWI charge. For instance, you would still be facing a minimum license suspension of 90 days and a fine of between $300 and $500, not to mention the issues that will arise regarding your insurance coverage once your carrier learns of the conviction (assuming you are convicted of the DWAI).

    3 lawyers agreed with this answer

  6. I had a felony dwi,2nd one.need to know if chances are good at an aquital or not guilty.my word will be against the state troope

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Joseph A Lo Piccolo
    3. Christopher Jude Pelli
    4. Nicholas Michael Rossi
    5. Richard C. Southard
    5 lawyer answers

    The instrument that you blew into on the roadside is called an also-sensor. It measures whether or not you have alcohol on your breath, however it does not give a very accurate reading in terms of your BAC. That is why the breath test (which provides the BAC reading used in the criminal prosecution) is done on a different machine back at the station, typically after a series of field sobriety tests have been administered on the roadside (though your question doesn't reference any FST's)....

    3 lawyers agreed with this answer

  7. Dwi charge without breath test?

    Answered 3 days ago.

    1. Thomas Douglas Trbovich
    2. Michael Evan Greenspan
    3. John P. Buza
    4. Adam Mark Thompson
    5. Jeffery L. Greco
    6. ···
    9 lawyer answers

    The simple answer is Yes, you can be charged (and convicted) of D.W.I. in New York State without a breath test. There are two separate D.W.I. charges, Vehicle & Traffic Law section 1192(2) and section 1192(3). Section 1192(2) is based on a breath test of 0.08 of one percent or higher. Section 1192(3) is based only on the officer's observations and his/her opinion that the driver operated a vehicle while intoxicated. For example, the officer will note in the paperwork (and later testify at...

    2 lawyers agreed with this answer

  8. How much time will he get for being inv in a cop killing?

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Joseph A Lo Piccolo
    3. Howard A. Schwartz
    4. Nicholas Michael Rossi
    5. Richard C. Southard
    5 lawyer answers

    If he is convicted of first degree murder, an A-I felony, the minimum sentence is 20-25 years to life and the maximum is life without parole.

    2 lawyers agreed with this answer

  9. Hi, I m Canadian, can i cross the US border with ACD pending (Adjuourment in contemplation of dismissal)?

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Benjamin J Lieberman
    3. Nicholas Michael Rossi
    4. Karen-Lee Pollak
    4 lawyer answers

    If you are charged with a petit larceny during the term of your prior ACD, then you will likely be facing both sets of charges now, as the petit larceny charges will revive the previous charges that were disposed of by way of an ACD. Of course, it is up to the D.A.'s office to decided whether or not to reinstate the charges. An ACD is an adjournment in contemplation of dismissal, meaning that if you live a law-abiding life for the term of the ACD, here six months, the charges are...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can a person travel out of USA with a DUI conviction/pending case?

    Answered over 2 years ago.

    1. Adam D. Zucker
    2. Nicholas Michael Rossi
    3. Zachary Cooper
    4. Donald John Ramsell
    4 lawyer answers

    This would seem to be more of an issue post-conviction than while the case is still pending. Some countries, treat alcohol related offenses very seriously and will not allow you to enter for a period of time after conviction. For example, Canada will not allow entry to individuals who have been convicted of the misdemeanor DWI charge OR the (non-criminal) Driving While Ability Impaired violation, and that restriction can last for years. There are a number of issues that can complicate...

    3 lawyers agreed with this answer