Protecting Your Driver's License
Individuals charged with
DWI in New York will have their
driver's license suspended when they appear in court. Losing a driver's license can
have a severe impact on a person's life as it may affect their ability
to get to work, go to school, or get necessary medical treatment.
That's why it's important to have a
criminal defense attorney experienced in DWI defense to protect your privilege to drive
at the first court appearance. The skilled criminal defense lawyers at
Riebling, Proto & Sachs, LLP have successfully protected the rights
of countless individuals throughout the courts if Westchester, Bronx,
Rockland, Putnam, Dutchess and Orange Counties.
Under the New York Vehicle and Traffic Laws (VTL 1193(e)(7)e) a person
may be eligible for a Hardship License if it can be demonstrated at a
hearing that they would be subject to an "extreme hardship"
as a result of losing their driver's license. Since the law requires
that the Hardship Hearing takes place within 72 hours of arraignment,
many courts may conduct the hearing at the time of arraignment. So, an
experienced criminal DWI defense attorney will be prepared to conduct
that hearing on that initial court date.
Typical factors considered by the Court in determining eligibility for
a Hardship License include:
1. the availability of other licensed persons in the household;
2. the ability of other licensed household member to provide transportation
for the licensee;
3. the occupation and health condition of the person who's license
will be suspended;
4. the location of the person's place of employment, health care provider
or school in relation to his or her home;
5. the availability of any public transportation or taxi service;
6. the person's ability to afford public transportation or taxi service
as an alternative means of transportation;
7. the availability of co-workers, friends or family members who may assist
in transportation; and
8. any other factor that the court deems important.
DWI Hardship License in Yonkers City Court
Recently, experienced criminal DWI defense attorney,
Stephen Rieblingappeared in Yonkers City Court and protected his client's ability to
drive by convincing the Judge to grant a hardship license. At the hearing,
it was demonstrated that the client would have suffered an extreme hardship
if he could not drive to an from work by presenting a number of different factors.
If you or someone you know is facing a DWI charge and/or license suspension
or revocation, it is important that you contact the criminal DWI lawyers
if Riebling, Proto & Sachs, LLP to protect your rights.