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Buffalo Traffic Violations Bureau (TVB) Closing: Good News for Drivers

On July 1, 2015, the Buffalo Traffic Violations Bureau ceased handling traffic cases for the traffic tickets issued in the City of Buffalo. Instead, the tickets will be handled by the newly formed Buffalo Traffic Violations Agency located in Buffalo City Hall. This is very good news for drivers with traffic tickets in the City of Buffalo.

Partner David Bruffett Discusses Distracted Driving on Channel 9 News Bridge Street Program

David Bruffett appeared on the Channel 9 News program today to discuss distracted driving and the penalties for cell phone and texting tickets.  Contintue to watch the video.

Addressing Confusion About DWI Breath Test Refusal

The Difference Between a Roadside DWI Test Refusal and Police Station DWI Test Refusal  The chemical/breath test that is commonly called the Breathalyzer test is typically performed at a police station. It should be noted that there are two levels of refusal with respect to chemical testing in New York. The first is refusal on the side of the road, which means refusing to take what is commonly called the screening test; the results of this test are inadmissible at court in any case. 

Distracted Driving in New York: What All Drivers Need to Know

Distracted Driving means Using a Cell Phone or Portable Electronic Device Driving distracted is dangerous and in recent years New York State has taken notice and has made the vehicle and traffic law more strict. Increased penalties for cell phone use and “texting” while driving apply to all drivers and include an increase from a 3-point to a 5-point assessment on the New York driving record for convictions for using a cell phone (NY VTL §1225c2a) or using a portable electronic device (NYC VTL §1225d). For new drivers in their probationary period, a conviction for...

Trend Toward Increased Numbers of DWI Cases

Despite the immense pressures that are being exerted in this area—i.e., peer pressures, societal pressures, Mothers Against Drunk Driving (MADD) advertising campaigns—there does not appear to be a slowdown in the number of DWI cases. I am one of two judges in the third busiest justice court in our county, and we have found that since 2012 there have been on average at least five brand new DWI cases on every single court date. I arraign at least twenty new DWI cases a month, as does my fellow judge, year round—again, despite all of the information that is available about the...

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Increased DWI Chemical Test Refusals and Implied Consent in New York

More New York Drivers are Refusing the DWI Chemical Test   Yet another interesting trend that I have observed developing, which I view as being very dangerous, is the fact that an increasing number of people stopped for DWI are refusing to take the chemical breath test at the police station. Indeed, in the last month I have had four or five clients who did not consent to the test, and all of them are regretting their decision. There used to be reasons why an attorney might say to a client, “It would behoove you to not take the breath test”—i.e., if the client was...

Increasing BAC and the New York Aggravated DWI Statute

Increasing BAC Levels A trend evident to both judges and lawyers is a shift toward much higher blood alcohol content (BAC) levels in DWI cases. During my initial training on prosecuting alcohol related offense at the New York State Police Academy, we were told that a BAC of over 2.0 was considered rare, and that if the BAC was 3.0 or higher the subject would likely be unconscious or close to it. However, over the last five years I have observed that the BAC levels in DWI cases are climbing ever higher. Indeed, there was a time when two or more years would pass before I would see a DWI...

Juries in DWI Cases are Tougher on Defendants

Over the course of the past two decades I have observed a major shift in how juries view drivers who are charged with alcohol-related offenses. From the late 1980s through the early 2000s, the prevailing view of a DWI jury—whether it was a misdemeanor or a felony DWI jury—seemed to be, “There but for the grace of God go I.” Indeed, as I often explain to clients, a DWI is the one serious offense that impacts people from all walks of life. My DWI clients have included lawyers, judges, police officers, architects, engineers, and doctors. However, over the last eight...

Florida Drivers: Impact of New York Traffic Convictions

A Florida driver will receive points on their Florida record  from a ticket in New York, if Florida assesses points for that violation. For example, if a Florida driver received a ticket in New York for speeding 86 in a 65 zone, New York would assess 6 points and Florida would assess 4 points. For a speeding violation more than 15 miles over the limit Florida will assess 3 points. Our goal at Azria & Bruffett is to minimize the affect of your New York traffic ticket both in New York and in your home state. One important point to keep in mind is that even if you are licensed...

What are the penalties for a Felony DWI Conviction?

“Felony” means an offense for which a term of imprisonment over one year may be imposed. All of the most serious crimes are felonies and are divided into classes from A to E. A Felony DWI charge will be filed as either a class D or E depending on the circumstances. A class D felony may be charged for any person who operates a vehicle in violation of the New York State DWI laws after having been convicted of driving while intoxicated or of vehicular assault or vehicular manslaughter at least twice within the preceding 10 years. If convicted, a driver can be punished by a term of...

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Handled my case perfectly!

Seth handled my case of a points violation reduced to a no point non-moving violation was hassle free and effortless and I recommend using his services.

2 Tickets - greatly reduced points

Seth did a fantastic job in reducing both of my tickets. His office was very responsive and professional. I highly recommend him if ever you require a lawyer.

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Azria & Bruffett (Seth, Habib and Monica) represented my case for a speeding ticket. I am so thankful for all of their hard work and expertise in helping me resolve this issue. They always responded to my communications in a speedy manner. It would be my pleasure to recommend their firm to others in need of legal service. Once again, thank you for your awesome representation!!





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