Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

You will be given a court date to start the judicial process. At that first court date, various forms of paperwork will be supplied to you giving you more facts regarding the police officer’s reasons for his conclusion that you were driving under the influence. The judge will suspend or impose strict restrictions on your license and you will be given another court date to return to court. But most importantly, it is extremely important that you have an attorney present to represent you each and every step of the way. There are various time periods that apply which an attorney is aware of and actions which must be taken at the first appearance to protect your rights.

What Common Mistakes In The First 30 Days After A DWI Can Hurt Your Case?

The biggest mistake a motorist can make will relate to their license status. Many motorists who delay in retaining an attorney do not realize that they have several options with regard to court hearings that can be held to preserve their driving privileges while the case is pending. Moreover, if a motorist has refused a breath test and fails to attend the DMV hearing that will set up thereafter, they strongly jeopardize their case and fail to take advantage of the benefit of a DMV hearing.

At The Time Of My Arrest, The Officer Confiscated My Driver’s License. How Do I Get It Back?

Although it sometimes happens, a police officer is not authorized to confiscate a license at the time of arrest. If a police officer physically confiscation of your license there is very little you can do about it at the time. However, an officer’s confiscating your license does not mean you cannot legally drive. If upon contacting the police authority subsequent to your arrest, they still refuse to return the license, I would suggest that you go to the Department of Motor Vehicles and obtain a duplicate license.

How Long Do I Have To Request A Hearing With The DMV To Contest My Driver’s License Suspension? What Happens If I Do Not Request A Hearing?

I will assume that this question refers to a DMV Refusal Hearing. In the case of a DWI refusal, you will not be given a choice with regard to requesting a hearing, one will automatically be set up at your initial court appearance within 15 days.

What Happens At The DMV Hearing?

At the hearing, the arresting police officer will be called to testify and have to establish the reasons for his belief that you were driving under the influence, whether he gave you your DWI warnings in clear and unequivocal language and whether you, in fact, refused to take a chemical test. If he sustains those elements, then your license will be revoked for one year regardless of what happens to your DWI court case.

Is The DMV Hearing Worth Fighting And Can These Hearings Be Won?

Because the judge who sits at these DMV hearings, is an administrative judge hired by the DMV, these hearings are rarely won. However, they are still worth attending and worth fighting, as they provide useful and extremely important information with regard to the facts and circumstances of your case which will be utilized later on should you request a trial.

Do I Need A Hearing To Get A Restrictive License To Go To And From Work?

This is commonly referred to as a “hardship license”. In order to obtain a hardship license, you will have to request a hardship hearing and demonstrate at that hearing that you cannot travel to and from your place of employment by any other means of transportation other than your motor vehicle. In so doing you must demonstrate that there is absolutely no public transportation of any kind available, no friends who live and work in your area who can take you and pick you up, and no family members available.

For more information on Getting Arrested For Drunk Driving, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161