New York DWI & DUI Hardship Hearings
One of the many reasons why retaining an experienced New York DWI lawyer or DUI attorney is critical in the early stages of a drunk driving or driving while intoxicated arrest is the Hardship Hearing. As a preliminary matter, if you are charged with a DWI based on, for example, a blow of a .08 or higher, you will be arrested and charged with violating New York VTL 1192.2. Whether it is in Manhattan, Brooklyn, Yonkers, White Plains or Queens, an arrest for this "type" of DWI will result in an automatic suspension of your license at your arraignment. If you have a New York State license, judges often demand that you turn that license over to the court immediately. If you you have an out of state license such as one from Connecticut, New Jersey or Pennsylvania, your right or privilege to drive in New York State will be suspended as well.
For some people, when their license to drive as a result of a DWI arrest is somewhere in Manhattan or even Brooklyn, driving may not be an issue as their home and place of employment may be readily accessible through public transpiration. For others, however, even those who might live in Manhattan, a Hardship Hearing lawyer or attorney is necessary to attempt to gain a Hardship License or conditional license to drive. Such a license will give you limited driving rights to places such work and back during specific time periods.
In order to obtain the Hardship License, your DWI attorney MUST ask for a Hardship Hearing at your arraignment when your first see the judge. Failure to secure this hearing at that time may result in the forfeiting of a right to the same. Further, you cannot have a DWI conviction in the past five years and your DWI arrest cannot have stemmed from a refusal to to "blow" in a breathalyzer or intoxilyzer (a separate hearing to fight the revocation of your license is called a Refusal Hearing). While no evidence is presented as to the merits of your Hardship License or Hardship Hearing request at this stage, the court must grant the hearing within three days. It is relevant to note, however, that outside of Manhattan and other boroughs of New York City, courts do often grant the hearing and conduct the hearing at your arraignment. In short, you and your attorney must be prepared.
At your Hardship Hearing after your arraignment on a DWI VTL 1192 arrest, your Hardship attorney or DUI lawyer will present evidence from secondary sources beyond your testimony that your loss of driving privileges is an extreme hardship as opposed to a mere inconvenience. This could be evidence from family members or employers, proof of enrollment at schools or treatment at a medical facility. Additional evidence may even be in the form of maps and documents reflecting public transportation, pay stubs or W2s. The bottom line is that you, the defendant, cannot be the sole source of information or evidence. Without additional proof, your Hardship License will certainly be denied.
- New York DWI Refusal Hearing & DMV
- BAC Calculator (Educational Purposes Only)
- Conditional License & New York DWI Law
- Drinking Driver Program: DDP
- New York DWI – Ignition & Vehicle Interlock Device
- New York DWI Legal Presumptions Associated With Your BAC
Although the above description and information merely scratches the surface of the Hardship License and Hardship Hearing process, education and preparedness is key to to success defending yourself at this stage in he DUI process or during any phase of a DWI arrest. Not only have the two founding New York DWI lawyers at Crotty Saland PC served as prosecutors in the Manhattan District Attorney's Office's DWI Unit, but each has successfully represented clients in New York DWI arrests by obtaining dismissals, non-criminal dispositions and countless favorable results. While each case is unique and no attorney can guarantee a particular outcome, Crotty Saland PC has the experience and knowledge you need to protect your rights today and your future well beyond tomorrow.
Call the New York Hardship Hearing lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.