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Buffalo New York Legal Blog

4 ways to argue against traffic citations

It's a fact that just about everyone will receive a traffic ticket at some point in their life. Even the safest, most experienced drivers sometimes make mistakes. You may be having a completely normal day when suddenly you'll see flashing lights behind you or return to your parked vehicle to see a long yellow slip under your windshield wiper.

Usually, a traffic citation is little more than an annoyance. Maybe even a learning experience. If you feel that you have been wronged, however, it is well within your rights to challenge your citation. This is a common practice and can mean not having to pay the fine and fewer points added to your record.

Canadian Cannabis

With the legalization of marijuana for recreational use in Canada, it is important to remember that, despite your feelings on the matter, it remains illegal in the United States. If you are thinking of taking a baking weekend over the border, think very carefully about bringing it back with you.

Ways to save your home from foreclosure

Have you missed a mortgage payment and fear that you may begin to miss more? If this has happened to you or your think it will soon, you should immediately start taking steps to save your home from foreclosure. One positive thing you have working on your side is that your mortgage lender does not want you to lose your home either. Many times, they will work with you to make sure you can stay in your home. However, you should act quickly and become knowledgeable about foreclosure and what your options are. Here are some things you can do to help prevent foreclosure from happening to you. 

Speeding through Buffalo? Rethink your lead foot

Summertime brings tourists and commuters through Buffalo. Those racing to work, speeding to vacation sites like Niagara Falls or even driving through the city to get to Manhattan all face serious monetary consequences should they be caught speeding.

Police officers have developed technology that tracks speeds without even being on the road. You may think you're safe if you do not see a cop in the vicinity, but think again.

Illegal Lockouts

Landlords will sometimes ask if they can simply change the locks on their deadbeat tenants. I have to very quickly advise the landlord not to do that, or else.

Real Property Actions and Proceedings Law § 711 states that "[a] tenant ... shall not be removed from possession except in a special proceeding." In instances where a landlord (or an agent of the landlord) simply changes the locks, or otherwise bars a tenant from being in possession of the premises, the eviction will be considered illegal, and will subject the landlord to civil damages. Carter v. Andriani, 84 A.D.2d 513, 443 N.Y.S.2d 157 (1st Dept. 1981).


DWI Checkpoints

Making the rounds on the internet recently was a story of a viral video featuring an attorney in Florida rolling through a DUI checkpoint in that state with a sign on his window stating he wished to remain silent, refusing to consent to any searches, and that he wanted to speak to an attorney. It has created something of a stir in the legal community about whether or not this is an instructional on how to assert your rights to the police. 

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