Aggravated DWI NY State

[sakura74]

What is the name of your state? New York

I was arrested Sunday morning for Aggravated DWI in NY, BAC .18

I was brought in front of the judge and he went to take my license and then didn't because I believe some paperwork was missing.

My next court date is next week.

My question is, will I lose my license when I go to court next or when I actually get convicted?

I do have a prior DWAI but it happened in 1993. They couldn't even find it when they looked at my records.

I went and registered for the Public Defender but they didn't tell me anything except that someone would show up in court to represent me.

I scoured the net for info but I could not find anything on when exactly I would lose my license. I ask because I want to know when I will have to make other arrangements to get to work.

Thanks.

 

[FlyingRon]

1993 is too old to count, it's only a ten year lookback.

$1000-2500 fine (+costs)
up to a year in jail
you WILL lose your license for at least a year.
You can get a conditional license most likely if you complete the DDP (which you probably will have to do anyhow).

You can get suspended while the case is still pending, be ready for it. You should get a notice from the DMV.

 

[sakura74]

I thought it was too old to count but figured I would mention it anyway.

I knew about the fines but not that I would be pending suspension fron the DMV before I was actually convicted. As I remember back when this happened to me in 93 they didn't take my license until the day I was convicted and they gave me a 20 day stay until I was able to apply for the conditional. Was a long time ago though and I suppose things have changed.

I did the DDP back in 93 so I am familiar with that.

Do they ever reduce an Aggravated DWI to a regular DWI if there are no priors in the lookback period? I know they can't make it anything but an alcohol crime.

Thanks for the info, Ron.

 

[BL]

http://www.nydmv.state.ny.us/dmvfaqs.htm

If you blew in one of the calibrated machines , don't expect a reduction .

Even though you could not find the old one , you'd be surprised at what the court can dig up .

 

[sakura74]

I have no idea if I blew in a calibrated machine how do I find out?

I read everything on the DMV site already, but thank you.

As far as I can tell, they are not factoring my previous DWAI because it was 15 years ago. The troopers were digging and digging and couldn't even find it. They were insistent I must have had recent priors for whatever reason but that is the only thing on my record.

So, I can expect to lose my license soon and not at conviction day.

 

[BL]

I have no idea if I blew in a calibrated machine how do I find out?

I read everything on the DMV site already, but thank you.

As far as I can tell, they are not factoring my previous DWAI because it was 15 years ago. The troopers were digging and digging and couldn't even find it. They were insistent I must have had recent priors for whatever reason but that is the only thing on my record.

So, I can expect to lose my license soon and not at conviction day.

By a calibrated machine , I mean one where they take you to a police station and have an authorized official give you a breath test ?

I'm not sure how they do it now , but I'm just guessing after conviction .

You say to some technicality . Perhaps whatever technicality it is , will work in you favor .

 

[sakura74]

Thank you for your help, BL. I did have the test at the barracks as well as one on the road so I would say, yes, it was calibrated.

I am a very scared chica right now!

 

[sakura74]

Just an update on this case.

I had been arraigned the same morning I was arrested and the cops never brought my actual BAC report with them to the court so the judge could not take my license that day.

Today I had my 1st court appearance and was scared to death because the judge had told me to be prepared to have my license suspended today.

I had a court appointed lawyer and he told the judge that they could not take my license because they can only have the one shot at taking it at time of arraignment with the proper paperwork in tow so I was allowed to still keep it for now until I get convicted of something. He also told me I would not be suspended by the DMV at the moment because I have a clean driving record for 14 years.

They also charged me with aggravated DWI without having this report done which is apparently a big no no as well.

To BL-it is being charged as a 1st offense since my previous DWAI conviction was 14 years prior and they do not look that far back.

 

[BL]

Just an update on this case.

I had been arraigned the same morning I was arrested and the cops never brought my actual BAC report with them to the court so the judge could not take my license that day.

Today I had my 1st court appearance and was scared to death because the judge had told me to be prepared to have my license suspended today.

I had a court appointed lawyer and he told the judge that they could not take my license because they can only have the one shot at taking it at time of arraignment with the proper paperwork in tow so I was allowed to still keep it for now until I get convicted of something. He also told me I would not be suspended by the DMV at the moment because I have a clean driving record for 14 years.

They also charged me with aggravated DWI without having this report done which is apparently a big no no as well.

To BL-it is being charged as a 1st offense since my previous DWAI conviction was 14 years prior and they do not look that far back.

It sounds like you got a PD that's willing to do his job and not rattle a Judge that he/she may be in court in front of often .

Sounds like your in a good position to get it reduced , or a plea deal .