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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.

Find out about the Schuster Guarantee