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What happens after a DWI arrest in New York?
Arraignment:
This will occur approximately 24 hours after your arrest. You should try to have an attorney retained during this time. If you have no prior warrant record and strong ties to the community you may be released without bail. The arraignment is primarily to advise you of your rights. If you have an attorney, he will advise you.
Motor Vehicle Hearing:
To preserve your right to drive in New York, you must attend your revocation. A hearing must be initially scheduled within 60 days.
This hearing is extremely important, because crucial defenses can be developed at it.
If you had a valid license when stopped, you are qualified for a conditional license to drive until the hearing. You will be mailed a notice of the hearing about two weeks after your arrest. You can plan on approximately 45 days of driving.
If you lose at the hearing, you cannot drive after the hearing.
Forfeiture Proceeding
As if getting arrested isn't bad enough, the NYPD may also try to take your car, claiming that it was used in committing a crime. This is a separate civil case called a forfeiture proceeding. I will advise you how to not lose your car and how to protect your credit if you drive a leased vehicle.
Pre-trial Conference:
At this meeting your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain, if this is what you want. It will happen about 4 weeks after arraignment. The date is set by the Court and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress evidence that was not properly gathered. It occurs anywhere from 6 weeks to 3 months after the pre-trial conference.
Trial:
Almost always a trial to a jury of six. Trial must be held within a three month period after your plea of not guilty, excluding motion practice and other certain adjournments.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, public service, alcohol classes and fines.
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