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| "Gooooo Greased Lightning....you're burnin' up the quarter mile..." (image courtesy giphy.com) |
GETTING A HARDSHIP License AFTER getting charged with a DWI in
New York...
So the question I always get asked by a new client is: "Can I drive after getting charged with my DWI?"
The Answer is: YES --but with very extreme restrictions--at least to start...
When you are charged with a DWI in New York.... your license WILL BE SUSPENDED the first time you go in front of a Judge (in most cases).
At the first court appearance, you are allowed to request a HARDSHIP LICENSE.
A HARDSHIP LICENSE is a very special sort of license in NY. It is NOT a license from the DMV. It is a license that is given by the COURT --and it has very specific restrictions on it.
You must REQUEST and CONVINCE THE JUDGE to give you a HARDSHIP.
This license is only for the following 3 things:
1. Get from home to work and back (no delivery jobs)
2. Get to a medical appointment for yourself or an immediate family member
3. Get to an accredited college or university program
*I advise all of my clients that this Hardship Privilege is NOT GUARANTEED.
We must work for it! So to help make sure that my clients are able to continue to get to work etc, I make sure they provide several things to the Judge at the first court appearance:
-Google maps to wherever you are going
-a MS Word Document outlining your specific driving schedule for the first 30 days after arraignment
-proof of employment
-proof of school
-proof of medical appointments etc
If you do your homework, the Court should likely give you a hardship license...
AFTER 30 DAYS...you can request a "Pre-Conviction Conditional License" from the DMV. Costs $70 and requires a NYS license or an out-of-state CERTIFIED driving history (if you have an out-of-state license).
If you do your homework and have the proper guidance, a hardship license is obtainable in the majority of cases...
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
