Dealing with Criminal Defense in Court

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 Proto, Sachs & Brown, LLP have successfully protected the rights of countless individuals throughout the courts if Westchester, Bronx, Rockland, Putnam, Dutchess and Orange Counties.

Hardship Privileges

Under the New York Vehicle and Traffic Laws (VTL 1193[2](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, our experienced criminal DWI defense attorney appeared 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 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 Proto, Sachs & Brown, LLP to protect your rights.