DWI- No plea bargain?

[woesme]

What is the name of your state (only U.S. law) NY- Western NY

Hey everyone,
Well I never thought it would happen to me, but it did. I am 27 years old and was arrested for a DWI. I was coming home from a friend's house, when I was pulled over for my headlight being out. The officer asked if I had been drinking and I said I had. I agreed to all the tests, even though I do not recall the office telling me the consequences if I didn't, and then was placed in back of the cop car. I blew a .13 with the hand-held breathalyzer and a .15 two hours later when the DWI van showed up.

I have a DWI lawyer, who told me today that there was going to be no plea bargain and that this would go to trail, whether it be by judge or jury. I was wondering if this was accurate? I just want this to be over and will plead to a DWAI if allowed. The arraignment is next month and my lawyer said we will go from there.

I know my license is going to be suspended, and I am hoping for a hardship license, but when they indicate that there is license suspension/revocation after being convicted, does the suspension during the start of the arraignment to the end of the trail count towards the suspension/revocation?

I am absolutely terrified and am afraid to ask my lawyer questions since he seemed more annoyed with me than anything.

Thanks!

 

[HighwayMan]

You have an attorney, so why don't you ask him? If you don't like him get another attorney.

The plea issue is up to the court. Some courts probably don't want to plea DWI cases. Many will plea down to a DWAI. It's up to the court/prosecutor.

Why would your license be suspended prior to conviction, unless you refused the breath test, which it seems clear you did not. The suspension would start AFTER a conviction when DMV gets notified. The suspension is usually not retroactive, why would it be?

 

[HighwayMan]

Well I never thought it would happen to me, but it did.

What, that you got caught?

 

[woesme]

My lawyer told me that during the arraignment, the court will confiscate my license for being charged with a DWI, even though I have yet to be convicted. They will suspend the license until the verdict of the trail, which is months away from the arraignment. I have to apply for a hardship license for the unitial 30 days of suspension and then can apply for a conditional license, which allows me more driving privileges after the 30 days are up.

Does anyone know how long it takes from the arraignment to the hearing?

I would much rather plea to a DWAI, since I was drinking that night, but my lawyer doesn't seem to believe that this is going to happen. He says he is being realistic with me.

 

[HighwayMan]

There is no such thing in New York as a "hardship license". Once your license is suspended you can be issued either a "restricted use" license or a "conditional" license. A conditional license is issued when the suspension/revocation is for alcohol-related offenses.

No such license can be issued if the suspension/revocation is less than 30 days.

Arraignment to hearing times vary - again your attorney can guide you when it comes to that since I assume he has some experience in these matters, or at least one would hope he does.

 

[woesme]

Thanks for the help! So, on a conditional license, I can only drive to work and back? I'm wondering why my lawyer made it seem like I had to apply for two different licenses.

Another question I have is that I work two jobs, but get paid under the table for one (for my dad). I work there on Saturdays. If my dad writes a letter indicating the times of employment, am I allowed to drive there as well? and what are the hours on my conditional license for weekend driving?

Thanks again!

 

[woesme]

ok, did some research and this is what I found:

The biggest short-term consequence of fighting a DWI case in NY is the "prompt suspension law." If your BAC is 0.08 or higher, the judge may suspend your license while the case is pending. For the first 30 days after that we can usually get you a "hardship privilege" that lets you drive to and from work (but not for work). After that you can get a conditional license from the DMV that lets you do most of your regular driving. Leisure driving is limited. And you don't get credit for this time if you later get suspended.

Also, am I only able to enroll in the DDP if convicted?? and I believe I read that the DDP lasts for 7 weeks, and once completed, full driving privileges are restored. Does that apply even if the judge issues a license suspension after the trial is over?

 

[HighwayMan]

Thanks for the help! So, on a conditional license, I can only drive to work and back? I'm wondering why my lawyer made it seem like I had to apply for two different licenses.

Another question I have is that I work two jobs, but get paid under the table for one (for my dad). I work there on Saturdays. If my dad writes a letter indicating the times of employment, am I allowed to drive there as well? and what are the hours on my conditional license for weekend driving?
Thanks again!

I don't think DMV cares whether it's an on-the-books job. As long as your employment is verified it's okay. There is no time restriction involved.

There are other reasons you are allowed to drive with a conditional - MD appts, drunk driver program classes, etc. But keep in mind that if you get caught mis-using the license you will be revoked for 5 years with NO chance of being able to legally drive.

 

[HighwayMan]

Also, am I only able to enroll in the DDP if convicted?? and I believe I read that the DDP lasts for 7 weeks, and once completed, full driving privileges are restored. Does that apply even if the judge issues a license suspension after the trial is over?


Sorry, I don't know the answer to that.

 

[BL]

I don't know where you are in NY ,but the DAs in some counties have stopped offering Plea Bargains in DWI cases .

It will go to trial .

Your license will be pulled by the court , most likely the first appearance .

Hardship license = conditional license , if granted.

You have to let them know where you NEED to drive to and back and between what hours .

Work, Drs. , shopping ,etc .

They will also let you have about 1 hour per week to grocery shop .

If granted you MUST carry the CL with you at all times while driving , and drive within the specified times.

If convicted ,you will have to take a course , paid for by you ,and successfully complete it , for them to recommend the return of your driving privileges.

 

[woesme]

Thanks for all of the information. I'm sorry about all of the questions, but I work a job that allows me to work on a flex schedule. This means I am scheduled between 8am to 8pm but have to work an 8 hour day based upon my client appointments. Am I going to be able to have a conditional license if I can't pin point exactly what time I am going or leaving work since the hours vary on a daily basis?

Should I also include drive time? Say I leave work at 8pm but do not reach home until 8:30, should I indicate that on my work sheet?

Am I allowed to work weekends?

 

[BL]

Thanks for all of the information. I'm sorry about all of the questions, but I work a job that allows me to work on a flex schedule. This means I am scheduled between 8am to 8pm but have to work an 8 hour day based upon my client appointments. Am I going to be able to have a conditional license if I can't pin point exactly what time I am going or leaving work since the hours vary on a daily basis?

Should I also include drive time? Say I leave work at 8pm but do not reach home until 8:30, should I indicate that on my work sheet?

Am I allowed to work weekends?

Generally it's to and from work .

Just inform them of the details , but the CL could simply say to and from work. As with shopping .It may not list the specific time ( perhaps the day of the week ), but will set the time allowed ( 1 hr. perhaps ).

Meaning if you were stopped ,the officer would request to see your CL.

The officer would then ask where you are going and is this within your driving times per conditions .

They may want to check your statement to verify.

 

[woesme]

So to and from work means from home to work. I live with dad during the week and mom on the weekends. Does this matter if I am just driving to and from work? I would not be driving out of specified times, just going to two different places... so on the weekends I would be traveling somewhere between 10AM and 5PM on Saturday and 10-2 on Sundays.

I am also going for a chemical dependency evaluation to show that I am not dependent on alcohol. If they say I do not need treatment should I engage in some type of counseling anyway? I feel like a jerk for all of this and would be more than happy speaking to someone about this, because it is my first offense. My lawyer said that if I do not need the counseling then not to worry but I want the judge to see that I know what I did was horrible and am willing to seek additional services for my actions.

 

[BL]

So to and from work means from home to work. I live with dad during the week and mom on the weekends. Does this matter if I am just driving to and from work? I would not be driving out of specified times, just going to two different places... so on the weekends I would be traveling somewhere between 10AM and 5PM on Saturday and 10-2 on Sundays.

I am also going for a chemical dependency evaluation to show that I am not dependent on alcohol. If they say I do not need treatment should I engage in some type of counseling anyway? I feel like a jerk for all of this and would be more than happy speaking to someone about this, because it is my first offense. My lawyer said that if I do not need the counseling then not to worry but I want the judge to see that I know what I did was horrible and am willing to seek additional services for my actions.

Listen to your Lawyer .

If you are not required to get an eval. , do not .

Do your required classes. If you pass successfully you will be returned your driving privileges . If you do not pass , Eval. will be recommended .

Just let them know of you hardship driving needs . They will decided why and how you can drive .

 

[HighwayMan]

It's been a while (a few months) since I've stopped someone with a conditional license, but I do not remember "grocery shopping" to be a permitted use of the license. Is that new? It is not listed on the form as a permitted use and I would think it was not since you can have someone drive you for a non-critical function like that.