Every day, people are arrested for DWI in New York and elsewhere. Many of them immediately proceed to make a bad situation worse by resisting arrest and adding to the pending charges. Whatever else you do, remain calm and polite.
There will be an arraignment held to advise the defendant of his/her rights, usually in about 24 hours. It’s a good idea to have an attorney retained by now. Bail, if any, will be set. Those who have strong community ties may be released without bail.
The Motor Vehicle Hearing is crucial, both to protect the right to drive in New York and as part of the defense strategy. This hearing will be scheduled within 60 days and cannot be ignored; non-attendance or a loss at the hearing will mean the loss of driving rights. A conditional license to drive usually allows about 45 days of driving prior to the hearing.
The Forfeiture Proceeding may add to the problems if the police claim that the car was used while committing a crime. This is a separate civil case. An experienced attorney will know how to protect the car, even if it is leased.
At some point, the District Attorney will meet with your attorney at the Pre-Trial Conference to negotiate a possible plea bargain, if desired. Normally, this happens about one month after arraignment.
The Suppression Hearing is very important. If any of the defendant’s constitutional rights have been violated, the Court may rule that certain evidence will be suppressed.
The Trial happens next, with a jury of six; it must be held within three months of a not guilty plea.
Sentencing will be the last step, either after a plea bargain has been offered and accepted or after a conviction at trial. Possible sentences include jail, public service, fines and alcohol classes.
Gregory R. LaMarca is an effective and experienced criminal attorney in New York who focuses on the legal areas of Admiralty and Maritime Law, Personal Injury and Criminal Law. His decades of service enable him to represent his clients intelligently and forcefully. Mr. LaMarca received his Juris Doctorate in 1992 from Touro College, Huntington, and is a member of the New York and Connecticut Bar Associations. Anyone facing prosecution and who is looking for an experienced DWI Attorney in Nassau County NY should call to schedule a free consultation.
