Friday, March 7, 2014

Ithaca Lawyer Why You May Want to Waive Your DMV DWI Refusal Hearing?

I like Kenny Rogers. He has had his fair share of hits, and personal struggles. I have seen him in concert with my wife (before she was my wife), and love some of his song lyrics.

The song The Gambler won him the Grammy in 1980, the lyrics share a wise philosophy that can be applied to many areas of life:

"You got to know when to hold 'em, know when to fold 'em,
Know when to walk away, know when to run."
AND the "secret to survivin' is knowing what to throw away, and knowing what to keep"

The song can be a guide for people to always weigh out their chances, calculate the odds, and to basically handicap their situation. Sometimes (often actually) fighting can be the worse bet. 

Sometimes You're the Last to Know

If your cards suck, draw horrible cards, and sometimes you really do have a lousy hand do you continue to play and pretend (bluff)?
 or do you save what you have and wait for another play?

Criminal law can be much like gambling. My clients have a hand to play.  Cards have been dealt. They must make a decision whether to take a chance in front of a judge or jury or take a deal. The sure thing is very tempting at times. Can things be shifted in your favor? Are your or their cards still unseen?

On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.

Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.

Can You get a Hardship with a Felony DWI Pending in New York State?

Fast answer, it depends.

There are Three Instances Where You Will Not Get any  License Privileges :

1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Reviews of Larry Newman:

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 480 informative videos on my youtube channel.