The most common New York sentence is the conditional discharge. It is most commonly given for one year, and has a specific set of terms and conditions. A CD in NYS is like no other, so don't try to compare CDs from anyplace else. It happens after you are convicted. Think of it like probation without a probation officer to check up on you. You monitor and supervise yourself to complete and perhaps provide proof of completion of obligations.
For a DWI CD, it may mean you need to complete the Impaired Driving Program, have an IID (ignition interlock device) on your car, and stay out of trouble for the year.
If people get into trouble in that one year they can be brought back to court and re-sentenced on their charge. The new sentence can include jail and/or real probation (with a probation officer).
But what does it mean to stay out of trouble with a NY CD?
NO new arrests (legal arrests)NO new criminal charges (misdemeanor or felony)
NO new charges relating to higher level violations (harassment, disorderly conduct)
NO new charges relating to drugs and/or alcohol (Unlawful possession marijuana, public intoxication)
By itself a moving violation or speeding ticket will NOT usually violate a CD in NY. But if you receive along with that moving violations other charges, these may violate.
Reckless driving is a misdemeanor (crime) in NYS
AUO (aggravated unlicensed operation) is a misdemeanor or felony level offense as well
These will violate a CD. Discuss your situation with a local lawyer to weigh your options with any conditional discharge violation.
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