Hardship license hearing

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While a judge will require that you surrender or turn over your NYS drivers license and suspend your privileges to operate a motor vehicle at your arraignment irrespective of whether you are accused of VTL At bottom, even if exoneration or a lesser non-criminal disposition may be possible as your case winds through the New York criminal justice system, do not forgo this opportunity or fail to request the chance to return some stability to your life and to maintain your academic, healthcare or childcare responsibilities.

You cannot be granted limited driving privileges through this hearing if you had a DWI conviction in the past five years and your arrest cannot have stemmed from a refusal to "blow" in a Breathalyzer or Intoxilyzer.

In this latter circumstance your license is automatically revoked due to your refusal to submit to a chemical test and a separate DMV or DWI Refusal Hearing will be conducted with a judicial hearing officer. At a hearing, conducted no more than three workdays from a scheduled arraignment, your lawyer can present different types of evidence such as testimony from other members of your household, documents reflecting schedules and proximity of public transportation, and other relevant materials.

Obviously, you will want to also provide corroboration of your place of employment, medical treatment or schooling. Ultimately, it is your burden to establish the extreme hardship. Mere inconvenience is not enough, nor can your testimony alone satisfy your burden of proof. If granted such a limited license, your ability to drive is not fully returned. Instead, you can only use your vehicle in a manner consistent with medical treatment, employment and schooling as referenced above.

It is important to recognize that if you have a CDL, this privilege will not allow you to operate a commercial vehicle whether a dump truck, moving van, or taxicab.

Although the above description and information merely scratches the surface of the Hardship License and Hardship Hearing process, education and preparedness are keys to successfully defending yourself during any phase of a DUI prosecution.

How to apply. More info. To apply for a hardship license you must: Attend a hearing at select RMV hearing sites; please refer to the hearing sites and schedules section.

Bring all required documents with you when you meet with the hearings officer. The links below list all the requirements that must be met in order to qualify for a hardship license.

Addition of restrictions If you are approved for a hardship license , the hearings officer will add an Hours "H" restriction to your driver's license record. Rescinding a hardship license Your hardship license will be rescinded immediately if you violate the terms and conditions set forth by the Registrar. Reinstatement after a hardship license expires You must be seen by an RMV hearings officer on or after the day that your hardship license expires.

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