White Plains, NY asked in Traffic Tickets for New York

Q: What is the difference between a hardship license and a conditional driver's license?

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Mark A. Siesel
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Answered
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: A hardship license, if it is granted, is issued by the judge in the DWI case after a hearing in which you must establish that you must drive for your employment, that you do not have alternative means to get to your job (including family members or friends who could drive you) or buses, or trains that could get you there, and that if there are alternative means to get to your job, they would be financially prohibitive. (this last part must be established by pay stubs or other wage records). You must prove that it would be an "extreme hardship" for you not to have the hardship license during the pendency of the DWI case. On the other hand, a conditional license does not begin until the DWI case has been concluded, and is only issued if you eligible for, and take, the "Drinking Driver Program", which is a seven week class that is a "condition" of obtaining your conditional driver's license.

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