Hardship Hearings in Westchester
Automatic License Suspension for New York DWI
If you have been arrested for driving while intoxicated (DWI) in Westchester
and are accused of refusing to submit to chemical testing of your blood
alcohol concentration, you can expect to be subject to an automatic suspension
of your driving privilege at the time of your arraignment - the initial
hearing - in criminal court. Pre-conviction suspensions are also possible
under certain circumstances for repeat DWI offenders and those who are
charged with DWI along with Vehicular Assault or Vehicular Homicide.
Fortunately, you may be eligible to request a hardship hearing which would
make it possible for you to obtain a conditional driver's license
so that your entire life is not thrown into disarray.
What is a hardship license?
The restricted license allows the driver to commute to and from work, as
well as to drive for other purposes such as to receive medical treatment.
It is available in situations where the normal driver's license suspension
would subject you and your family to extreme hardship. In general, the
standard for establishing extreme hardship is whether the driver is reasonably
unable to obtain alternative means of travel.
The burden of proof in your criminal case rests on the prosecutor, who
must demonstrate that you are guilty of the crime of DWI, but the burden
of proof in the hardship hearing is on you and your
DWI defense lawyer.To ensure that you have a proper legal representation, contact
New York DWI attorney, Robert Schuster for assistance. He has had special
training in negotiations from Harvard University, giving him advantage
over his peers.
Fight for a Restricted License in Westchester County, NY
In order to establish that you would experience extreme hardship and therefore
deserve a hardship license, it is generally effective to use maps of your
commute to work and to your children's school, as well as public transit
schedules and any other information which may be used as evidence of the
difficulty involved in traveling without a private vehicle. The court
and the Department of Motor Vehicles would rather move forward with the
automatic revocation of your driver's license, so it is necessary
to prepare a compelling case for the hearing.
Contact The Law Offices of Robert Schuster now for a free telephone consultation with a
Westchester criminal defense lawyer who can represent you at the hearing and help you pursue a conditional
license. Attorney Schuster was named one of the top 100 DWI attorneys
in New York by the National Advocacy for DUI Defense, LLC (NAFDD). Additionally,
he received the honor of being listed by the New York American Institute
of DWI Attorneys as a Top 10 DWI Lawyer in New York.
Call now to schedule a
free case evaluation with a defense attorney you can trust.