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answered on Jul 22, 2011
No. The judge will adjourn the hearing and you will be notified of the new date by the Department of Motor Vehicles. However, he will reinstate your driver's license if it has been suspended.
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answered on Jul 22, 2011
The hardship hearing will be held the same day as your arraignment or within 3 days thereof by statute.
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answered on Jul 21, 2011
No. Generally that date is the date you must send in a plea by. Once that is done, either you, or if you have an attorney, will receive a notice in the mail notifying you of the pre-trial conference date.
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answered on Jul 21, 2011
That would be a huge accomplishment if your ticket was reduced to a non-moving violation, since that is an 8 point ticket and judges are very stringent when the speed is that high. My opinion is that you woudl be doing very well if the ticket were reduced to a 3 point violation for going between... View More 
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answered on Jul 21, 2011
Interrogatories are questions that are posed by the defendant's attorney, which must be answered by your under oath, as to your accident, the identities of witnesses, the injuries you suffered, the treatment you have undergone, and the doctors or hospitals you have treated with.
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answered on Jul 21, 2011
That will be difficult to obtain. Generally, a hardship license is only good for travel between home and place of employment, not from point a to b to c, etc. My opinion is that you will not be able to get a hardship license and will have to try to get a conditional license at the conclusion of... View More
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answered on Jul 21, 2011
The decision is made at the conclusion of the hearing.
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answered on Jul 21, 2011
There is testimony by the Officer who conducted the DWI arrest and claims that the driver refused the breathalyzer. Depending on the strength or lack thereof of that testimony, the attorney for the driver makes a decision whether his client should testify or not. Frequently, for my own clients, I... View More
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answered on Jul 21, 2011
If the defendant intends to use the videotape in Court, it must be exchanged with your attorney or it will be excluded from evidence.
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answered on Jul 21, 2011
There is no set time for a deposition. However, if the medical treatment is not extensive, I would estimate between 2 and 3 hours.
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answered on Jul 21, 2011
If you are eligible for a conditional license, it would only be for non-commercial use. There is no conditional license for a CDL holder, and your commercial privileges will be revoked for at least one year.
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answered on Jul 21, 2011
The hardship privilege will only entitle you to drive to and from work and only during the hours listed on the hardship license document.
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answered on Jul 21, 2011
If you do get a sentence of probation on your DWI plea or conviction, it will be for 3 years if this is your first DWI charge.
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answered on Jul 21, 2011
No, once you have gotten a plea reduction to DWAI, you can never get that reduction in the future if charged with a DWI again.
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answered on Jul 21, 2011
No, a DWAI is a traffic infraction.
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answered on Jul 21, 2011
The general rule is that the statute does not begin to run until the child reaches the age of majority, and then there is a there is a three years statute of limitations on personal injury cases. However, in recent years there have been modifications to tolling statutes only allowing a 10 year... View More
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answered on Jul 21, 2011
The chemical test must be done within 2 hours of your DWI arrest.
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answered on Jul 21, 2011
By law, your refusal hearing must be held within 15 days of your arraignment or your license must be reinstated.
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answered on Jul 21, 2011
The most important sections will be found in Section 1192 of the Vehicle & Traffic Law of the State of New York, but the following sections through Section 1199 all relate to DWI cases, including refusals, penalties, treatment and procedures.
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answered on Jul 21, 2011
An Aggravated DWI can be charged if your blood alcohol concentration is 0.18% or above.
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