Frank Lotempio Law

On Target with Penny Wolfgang
Sunday, December 31st

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

This is on target with penny Wolfgang a program that takes an inside look at what is happening in Western New York with news features and special guests. Now here's your host Tony Wolfgang. Hi everybody and welcome to a target. And thank you so much for joining me today. I'm your host penny Wolfgang in every weekly here to talk of that subject so we think their interest staying in. Current and topical and important. And educational. And dies you know sometimes I geared towards legal subjects I wonder why. Flattened oh and they arts you know I love the arts and so many times did you talk about the arts for. Actually went back to my first slow today which has to do with the law and what I thought was important is. This time of year. There's so much going on about the law but particularly. Regarding the problem of not problem but. I mean I'm curious if from each of driving while intoxicated or driving under the influence of drugs or alcohol. Driving while impaired because he's just so have recently. A big press conference from the state troopers and the police indicating that over the holiday period are starting right now until I don't know maybe into January. They going to be having road checks blocked the going to stop cars. And checks to people so that they are going to be safe on the road. And make sure that nobody is violating the law and putting other people in danger. And they weren't giving a press conference indicating. What they're going to do when they stop you have you should react for me stop you and I guess most importantly. Warning the public and that's you my dear listeners. Not to drink and drive or not to drive any influence of alcohol or drugs because if you do. You're going to be in major travel not only with the law. But to for your own safety the safety then the people who wrote. Well we went to it we decide really get all better information than I can give you from an attorney who specializes in. These matters as well as other matters so in the studio with me is attorney Frankfort 10 PM junior. Yes the third section the third the third. And I know I know went to three and for our country can and hopefully the Tucker I am now about to echo on this kind of I don't a teller not to listen to Michigan and adamant so I have Terry. Ten video. Has been as though just a well known member of the legal community and comes from a well known family. In the legal community and of course as you can see is a very good friend of mine so thank you in wellstone of course bring you I know stranger. To station and walked into into do the continuing to talk to you. Everybody was hello frank hello frank and Andrea highs set down you've been talking to the public about your law firm in their services for awhile now. On and come idioms. Yes actually we started advertising with senator Kyl. And this year and it's been fantastic it's you know we love we love radio and diction you call I think you know as our marketing director my wife. Who has done a fantastic job ever think they know better her better than me. Cohn is a movie star she should not be who cannot be wasting her talents behind the scenes noticed teller I said answers useless and I tell her all the time I view is he just in my listeners. Could only see her you know. They would be saying that she should be starring her own television. President assistant let's set Charlie's Angels who wins is did you elsewhere arteries were during the or cameras taking over. Our Internet service and or rep saying all that stuff and and we did videos the other day and I sit back when you've got to give him a radio UK after giving you think you're. You are an attraction and I say this is yes she is and you know summit. And the law firms do use people on there. Either for ten either of playing the part of fan. Of cost and capacity of the best clients approach or are spokespersons. Or. You know endorsements when she would be perfect for you would be the man you well I'm sorry you run you around so I. You have to Angeles itself right principle could you tell Elisa is about your background we said you work. Afro along generational long line of well known and well respected attorneys and I know you proud of them and you'd like to talk about the. Yet I have I can be prouder than to be my father son I can tell you that. My father. Started this firm 43 years ago home and very inched I don't know if you know the story. Is it to my firm there was never a very good test taker he went to law school when he actually did not do well at university Toledo. And they asked until we know yeah so he's going to be made you for telling on arsenic that is this is that this is the best part of the story is that. He then comes back to buffalo. And he says I'm not giving up my dream I always wanted to be or not give him my dream so he starts. He teaches when a huge part of Lafayette for a little bit and he got a job at the Chevy plant. He was working cherry brand and in the meantime he was clicking predictors and presenting. He did it was a one of the last tourney in New York State to go through the clerk ship program and be able to sit for them are. He passed the bar. It was hysterical my mother we'll tell you that she must to call the bar association twenty times when she said that he tested on the first time. She said she column she said a key believe that you asked him. Believe it. But that isn't really hard way to do that is and as you said people okay and did anyone they have they must have a degree no and so that's really difficult if it's incredible and then the best part about it what he did was then. He later the and you could do this then you can it's very difficult to do this now but. He hurt his own shingle he hit an end table and end table to plastic chairs and a telephone in an office. And he built this firm in. If you in my father's been incredibly successful. I can tell you this. My sister and I have never wanted for anything in her life for curtail that and he's just been. He's you know one of the move. And also another very well. Well known attorney who have from a very big offering was at a party. To about three months ago north Texas house connected the core neck. And he came up to mean and one of them. Well one of the orders when the bigger firms and said your father is a legend and there was the nicest compliment I ever got because he's just. And I fell as a true gentleman I think is you know he's been he's. He doesn't get mad at people he doesn't he he's just and he he's just wonderful I'm so. You are still the love of the law in his. Children Alia and and I think it's funny I think more than the love of the law itself I think my father just loves helping people. He just loves helping people and if you. Ask him what his more it's important thing is is that I mean he really just enjoys. Helping people with their problems helping solve the problems and went the way in my truck father and the way I learned how to practice law. Is when you you you look at the card and you say OK what is the best. What is best for our client not what's best for our firm and how much money we make and that. You know at the end of the day I'm mad at the DH so it's best I wanna try this case against the DA. Or were there are Retief is personal injury lawsuit to a trial because I think we should give more money or or. Whenever was the best thing for might prefer his clients that's when he did and that's we talked about it. And then is unique because as we know a lot of attorneys says don't operate that way current fortunately right they don't. And on it's it's it's said in its history. Certainly you know I took over the business. Three years ago and today she variation my father said I don't envy you that you have to do this for another 25 years. He said first fathers too many there's there's too many lawyers who said. Secondly he said does the competition has become so fierce that. That people really you know people will file a motion and you cannot tell you about back in the day he said. If I missed it a stitch urine mr. that I filing date the other attorney would comment to Frankie missed the state. Can get this in return next week and wasn't. I filed the motion are you lose sets its it was a different sort of practice spectrum and even you sought and I'm sure you know in the last. The thirty years and you've impression there's repression for three years he says it's just totally different he said it's tough it's stressed phone but he did he still out that he. He will come in every single day because he just doesn't Mormon messaging still upset. Well that was definitely. Projected in your lifetime an inch Ewing who instilled in you and your family so now. You filing his footsteps and what other kinds of fountain you know areas that US specializing. So we you know we're we we've when I took over we were kinda eat everybody needs a brand and our right we served its its interest in her go through that process of branding. And you know we came up with the state on my wife who's got the tag line complete council. And I said that's fantastic day in the kind of defines who we are we feel that they were morn were completed attorneys very we know the law we know how to. And take care of our clients but that we do every kind of area we do personal injury criminal defense work workers' comp real estate. A states we do so we do every. Kind of unusual too because it now in this age of specialists nation you yet speaking of age and think yeah see. Attorneys advertising we specialize in and we just do immigration we just do. We just sue drunk drivers rumor just such and such such a sense that it's hard to find. A sort of an all around attorney is second general practitioner for doctor. Yes it's right in it if it's strange thing because it is in you know I framed I find. If you know how they go into or. Court I think you can going to court on any kind of a case because you really fear if you're you know a good lawyer you should be your be able to pick up a civil case. Figure out the rules of evidence and go from there are guys you viewed the do you words judgeship and you do the civil cases you did. Criminal cases and you know all that stuff and and I think that's a good I think it's a tremendous. Yes it for an attorney because. You know I used so many different arguments even in a criminal case are using negligence argument from there's a personal injury cases civil case. In my closing statements are in my you know in preparing for the case and its interest and because the other and her other attorney won't pick that up to you really use off facets of our. For practice or it's great just interrupt for a moment Casey just tuned in you while listening to. Penny Wolfgang on target we hope you listen every week to untargeted and wit in the studio with us today is frankly Campillo in the third. And we had just guessing and company and group and it can incur or Allah and LO fluently Carpio logger Lowe group there I knew there was something like if it passes it. So we're not what I sent the top of the program and then discuss them some serious legal issues. That people might wind like to know. What their rights are. In general have obviously would not counseling anybody personally but the main issue I I've mentioned was this a driving on talks Qaeda impaired over the holiday isn't. The push that the law enforcement is making to prevent this and to stop this so. What's your advice so what explain if you can for civil. What they mean by driving on tax K because people think that. Don't know the difference between that and impaired or any Evelyn. Also I'm sure yeah and arts so driving while intoxicated is defined in section 1192 of the vehicle traffic blocked. And then there's five sections and there's section one to two a three and four so. One is driving liabilities impaired that really basically means if you have a point 052 point 07 BAC. Than their section 11922. Which is Percy DWI which is having a point 08. Percentage of alcohol on your blind. Then that's Percy DW I and there's 119 to two way which is. Aggravating to be right which is point 18 or about. And then 110824 which is. The that your your drive my abilities impaired by termination drugs bird trip charge or termination drugs and alcohol. And the other one is 11823 which is common law DWI so. If for some reason you don't take a breath tester refuse it. Do you think you can get that tests as a suppressed. The police can still convict you. Common law DW I. So the standard as you well know is people vs Cruz which is. Here you have to be incapable. Of using mortar skills and cognitive functions that a reasonable print driver were by the consumption of alcohol to the point of intoxication. And if you really read cruise. And you read its prize and he. It take you very typical standard for the police to prove there really is. In the same breath if you don't think the test he could still be convicted of an impaired. Even if there's a test like this there was a point of pride to appoint a seven Brett. The standards set forth in cruise and its project he's actually here impaired in any way shape or form on the consumption of alcohol so if you don't take that test which. Many times I've had to have advised clients in the Millen night not to take that test. Believe me my wife has heard those phone calls before. And it's very difficult to prove intoxication based because. You're talking about the officer will get up there and based on his. Training and experience. It and he will testify that he believes that your intoxicated. Includes Fuchs write this in the like. But the impaired in the same breath as a very very low standard it's you know so if you effect if you want I can tell you a little. What did you the real issues is what's the difference under the law what you know honey stabilized rice and any impression Arlington it's it's it's a big difference. And and rather just defer listeners if you if you Q you know Andy Kenny consumer worn ounce shot of collector. A six ounce glass of wine or twelve on spear he usually equates to point 022 point 025 frontier blood alcohol system. You only metabolize point 015 per hour so you know that old adage when people receive can drink a beer and our never get turned that's natural. By the beer the alcohol ads up so. If you think about it this way if you have four drinks surety and a level of intoxication within probably two to three hour period. So that. Try to Enron task is considered a misdemeanor. And with the big give one of the major differences between a misdemeanor in the dirt mobility impaired which is a violation. Is that when you go for job they can ask you're there have been convicted of a crime well that's just it's actually in new issue that you haven't checked the box issues of these are very. Interest hot topic hot topic is again right. If you get convicted of the DW I you have to say yes to that question you're convicted of the violation you can saying the focus of violation the driver monsters now a crime. There's major differences in the fine strike on task is 500 dollars 2000. Plus a 395. Dollar surcharge for the misdemeanor. While the impaired as 300 to 500 plus a 265 dollars or church. One of the major differences is if you do convicted of the WI as opposed during the month Billings paired. He just install the intro recognition system into your care. Up to a year can be reduced by the judge after six months and you have to pay for pay for. I think it depends on what provider you go to there's a 170 dollar installation fee in the 77 dollar a month. I ate quite frank they wish I would have invested in one of us trumpet it's it's very very lucrative very lucrative. Your licence in the DWIs revoked for six months while on and parity your licenses suspended for ninety days. And with the DW I you could potentially get three years probation with an impaired there's no provision Sergio what are. There are reasons that this is so prevalent in the minds of the public right now. Is because of these so many. Cases fans a reason of leaving the scene of an accident. And of people being seriously injured or even. Even homicides have debt. Because of a drunk driver and we just had in Salamanca. Right or the allegations are that a person and I ran over the its interest to the business who pride. Supervisor and his wife is wonderful people and sound like a so. What X and people are very concerned that the law does seem to be like strict enough in every guy. Well I think they're trying to. You know after that course that his case of course which was a winner a major major issue which. Who experienced military in this. You never know. I know people were. Upset the general public and believers are upset with that. Verdict but. You don't know what happens if you don't sit through that whole trial. You really don't know what happens and you know better than anybody could use to have such sit through thousands of trials. That there are you know sometimes that there's not enough for our offense and sometimes in your instruct people on the law and you really don't know ledger did that these these. The last one was I think somewhere on the California. Ball where the where the illegal immigrant killed the girl was found not guilty of the murder. Indeed you know as interest generate an article from I think someone who is running for the San Francisco chronicle. Should you can't be mad. About this verdict because you can sit through the whole trial I sit through the whole trial and that person should not have been convicted so its interest in but. You know I think the legislature. If I recall correctly they were trying to keep to Kenny get rid of that loophole that they hinted at leaving. And you see now is they're trying to make a felony which is which is a big deal compared. Without and the question is without proving the point is that proving that you knew would that you should have known that that threat it was obvious that you hit a person that truck that's always the issue of which is it which it which is an issue and I. You know again I I I I urged people to never. Take a very rash come from there a rash judgment and I and these laws. You know one of the greatest. Person talking or defense attorney right to that one of the greatest gifts that we have is it. The people have to be held them to their pro and they have to prove beyond a reasonable doubt that you committed these crimes. And we can't make crimes. Just because of one case we can't make crimes because lit or all laws are laws plus look at the worn 98. Look at that good it just through 198. I again I think it was a he knows that reactionary. Apparently screaming listening to this yet I don't go thirty miles an hour that's right never forget it is reactionary legislation and you can you Kiki inhibited. These laws look at character their forefathers who fought for this these rights is constitutional rights and things of that nature. I he has the intelligence if you ever read I read just read finished Alexander Hamilton's Viagra for me. Incredible and you realize how. How intelligent piece people war coming up at these us and they came up and these are time and tested blogs and writes it did we should. Really considered to be. The mainstay of our our culture our life of course it's easy for people you know I people ask me as a defense attorney. Who's doing grown cases well how do you defend criminals or YouTube this and you defend people's rights at the end of the day. And you know a lot of times they when they see one person get opera contain decision. Of the ten people there. The other nine got convicted so you can read his own did all right see you see that our right they see they just in their mind is that warned. Case where someone got off for they felt that they should of I don't know if I answered your. I can press ignore them. And close people has always want to best lawyer they can when they are accused of something so I don't know I. How that you know falls over into realizing everybody feels that way. Clinton were based on Oprah who were based on the foundation that they would we would rather let. A thousand to a guilty people go free than one innocent person guarded jail and that's just that's the foundation that we have I think it's the right foundation. And yes if you if if mutton if if for the person who is no money. And you think well this guys it. The scum bag or whatever if he doesn't have rights you don't have rights that is. They have to apply across civil war back so. I'm talking to defense attorney I guess we should've said that there frank with him via a third today and on target and we discussing laws in general in people's rights and laws like I might apply to you or somebody in your family or that you might want to know more about some time in your life and one of them. Besides criminal issues. Is personal injury because I think probably the courts feast besides it in crimes it's DWIs. Weren't enough probably to the number one and hit parade. And in the so courts it must be a personal injury cases right. Yes absolutely you know we do in our firm we do. A lot of for a personal injury case two in which is mostly. A car accident cases in this virtually. You know at this time of the year or is the you know there's plenty of ericsson's people not judging their. Stopped correctly people. When the snow start to see you probably saw the other day that the saga that so many of my goodness it's it's unbelievable. But her they're big cases but it's strange we'll tell you that you know as much as we units for any marketing now. My father when these commercials for shared coming now fifteen years ago. He just found them repulsive. I think he still finds a repulsive although he said to me the other day he said they're really like your marketing though he said that as a problem at least. Yeah he did he said I think it's clay. I think it's clashing I think united. And doing this way and that's a problem with it with a lot of the care cases that did the personal injury cases that we've had is because of those commercials because. You know when they flash. Five million dollar verdict seven million dollar verdict you know people coming. Our offer insurance company offered me. 100000 dollars that I get two million dollars from land that that's right I you know. They come in your office and they think well that's my my case is automatically worth and I guess she's played this guy you know I broke my arm and I said okay well you know world who are we going toward the other car has 500000 dollar policy. Which is great because you know but sometimes you get people with severe injuries there's only 25000 dollar policy which is very Justine in New York. I'm surprised New York is and raise that level of insurance shrink for a thousand dollars really is is enough day in age this age is nothing. But it's. They say OK well then I'll take the 500000 apps contact not injury gets to meet the money. But people who understand it's it's it's a big deal when you get in return except it's more. About of of a pain in the took this thing you a man. What about and people always ask me as some should they do to you don't we have such a thing as a no fault line right we have insurance for anyway I mean when people say that. All the time we do so so New York is in no fault state widget which is basically years ago. It was big screen agreement between the insurance companies in the that legislators to say okay where we don't want people suing for. You know they're medical record bills which can be thousand dollars so. Does the point to no fault which means that it doesn't matter who's at fault for the exit your insurance carrier. We'll pay for all your necessary medical benefits cars are related medical benefits the pay for 80% of lost wages that you had. They'll pay actually 45 cents. A mile to go torn from the doctor's appointments gap and the pay up to 25 dollars a day. For international so if you need to. If you clean your house before you need somebody clean your house you get to receive from your cleanly cementing or no fault carrier and you should get reimbursed. With that agreement though they said you can that's due in less you have what's called a serious injury. Which is defined in. Article 51 of the insurance club 51 or two defines serious injury which is. There's at the seminary. Qualifications. Fracture. Of course death rate fractured a disfiguring cigar. He has to be substantially impaired from performing all your normal daily activities for ninety under the first 180 days. A total loss of by the function or remember. Permanent consequential limitation so your back injury which are the hardest cases by the way because. People don't believe in you can image I was trying to personal injury case when time. The end. We really thought this case was worth it. A ton of money I mean a ton of money who is this was when I first impression I thought we were probably is 300000 dollar verdict and it. And I heard one of the dangers we got 75. And I heard one of the jurors say to. To more than the other jurors as we are leaving I saw her move her neck. I think believe her I think why they have that that's. I mean this group this lady was injured and I believe me I and I'm the first want to. You know call somebody up and it was a very interest steam. Which is a whole another topic rather raising going to juries and how they'd come up with decisions rate and I've heard some. We choose at the beginning unless you're really it in the courtroom you can't really question jury's verdict because you don't know what they're thinking what they're saying with their hearings now what their backgrounds are. Some all the things he had other things you never know what to the other factors they do they mean like someone's hair and end. You know each is its interest in 9 AM. Right and that curious selection remember about ten years remember if it is pure talk to our bring an injury psychologists and stuff for yes. Yes they weren't trying to a consultant bulk have a television. Now that's when he does right yes he tries to help them that get in guess what the jurors and into I think it is like there right Jerry did you find did you ever thought that we use I tell you and I thought there was come from I carry rich it's now possible to reach human nature to read them when a person is thinking in. I think sometimes it go like you said way off base way off base and I think depicting did you fold their arm listed they Wear a lavender shirt and I just it. Yeah and that I thought there I always thought it was just just garbage that that they do that and and you know what I'd paper while wanting had I'm not a big fan of either. I picked my juries. Very very quickly I may I really people talk of just talking her re agreement yesterday. And Herbie by the way who is I think when in the teens and I wanted to be best attorneys in the country. In the country he's been on Tuesday yes you are he's just spectacular race and and you know excitement when time when I first or didn't call. He called me and we were talking about something and I got the phone with my wife I said I'm so honored to be. Tough this is there an interpreter me he's a friend of mine I say I can't believe that this guy's a friend of mine but he said he did it took for he was in New York a case. And down from one of our friends actually. And he said that they pick a jury took them five and a half days is it for having him make peace. I should give which. You could try to OK if I did it yes. I remember I picked I hit a murder case went time I picked that jury in that and three quarters of the game. I don't know of this is Jim in federal court they just pick I think almost the first twelve people in the judge testimony yes. We have rent at a time you have to come back I don't we listen to talk about wow and I have enjoyed so much your conversation I hope I'll listeners have to. With attorney frank lit ten TO the third. And company you know he has group would not go logger who look group okay shoot good thank you so much or he'll come back Vienna Paris Charles as we like. And to hear more please join us again next week. We'll be having a happy and safe holiday will talk to assumed by everybody. You've been listening to one target with penny Wolfgang. A program that takes an inside look at Western New York in our community. If you have any comments or suggestions please rate depending Wolfgang it's 500 corporate parkway suite 200 Amherst New York. 114 to six.