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| Image Copyright NEWMAN & CYR 2016. |
Ithaca Vestal Binghamton DWI lawyer explains:
Understanding the DWI Conditional Discharge in New York...in 2016
Understanding the DWI
New York Conditional Discharge
Every state is a little bit different in their law, their
proceduresm and even in their terminology. How a thing is named or called can be
confusing because, even though things may have the same name, they are entirely
different from one state to the next.
At the time of sentencing, all people with DWIs in New York
State and even those with DWAI violations will receive at the very least a
conditional discharge by the court.
The New York CD is
NOT like the New Jersey CD (conditional discharge)
The New York and the New Jersey Conditional Discharge share
the same name, but they are not same animal. In New Jersey, a CD means the
charges you plead guilty to will be dismissed at the end of the discharge period - they are truly discharged in every sense of the word.
A Conditional Discharge in New York State is not like that.
A New York CD means that you have been placed on a conditioned release from
the court with specific set of terms.
A New York State Conditional
Discharge is Like a Form of Probation
Once the terms of the CD have been completely satisfied then
the discharge (and you) are released by the Court. The difference is that the
charges will still stand (remain) on your record. A CD in NYS is merely a
form of a release, much like being on a one-year term of probation-but
without an officer.
You are ordered by the Court to act by yourself to meet your
conditions. Some courts may require proof of completion of each condition while
others are only notified if you fail to meet conditions. If you fail to do these things, you could be resentenced up to the maximum of whatever crime you were found guilty of... in the case of a misdemeanor DWI -- that's up to 1 year in county jail or 3 years of probation! If you are put on probation, you will be assigned a probation officer. They will then supervise
and monitor you. This will include many more terms and conditions than a CD. Probation is a millions times worse punishment than a CD!
The Terms of Your
Release with a New York DWI Conditional Discharge
There are some general conditions with all CDs. Generally
you must stay out of trouble for one year or risk being re-sentenced for the
offense you plead guilty to. This means no new arrests or criminal charges (traffic infractions will probably not violate this requirement).
DWIs have additional special sets of conditions. The reason
for this is that DWI has mandated release terms set by law, and now consistency
guidelines by the New York State Supreme Court.
1. Install an IID
(ignition interlock device) within 10 days of sentencing or your release
from incarceration (jail). This must be placed on any and all cars you own
and/or operate. This is why early in your DWI case it is important to get
multiple cars out of your name. If at the time of sentencing you are still the
owner you must place devices on all of them.
There are many specific terms and conditions that come along
with the IID. It must be maintained and used properly during the period of
installation. This period of time by court order is 12 months but can be
shortened to 6 months if there is perfect compliance, and the court agrees.
2. You must have
substance abuse evaluation (drug/alcohol evaluation) with an OASAS (NYS
Office of Alcohol and Substance Abuse Services) certified counselor
and follow through without any and all treatment
recommendations.
3. You Must Attend a
VIP (Victim Impact Panel)
4. Attend the IDP
(Impaired Driver Program) You will need to attend and complete the NYS DMV
Impaired Driver Program or an equivalent program in your state of licensure.
5. Pay All Court Fines
and Surcharges
6. Follow Up with the
DMV and your home DMV for driver’s license privileges
License privileges do not revert to full status on their
own. You must be proactive to regain your full license privileges.
Some courts add more conditions to these basic ones like
community service hours.
There are other courts that have set dramatically low BAC
(blood alcohol concentration) numbers for violating the IID. Understanding that
a violation of any term of a CD can result in re-sentencing of the charge you
plead guilty to. In the case of a DWI offense that means you can be facing up
to one year of local jail.
By NEWMAN & CYR
If you have questions about a DWI charge, you are welcome to give us a call for FREE CONSULTATION at 607-229-5184
Find us online!
www.ithacadwi.com
www.fingerlakesdwi.com
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Copyright NEWMAN & CYR 2016. Educational Purposes only.
