Driving with a Suspended License in NY
The Department of Motor Vehicles Suspends the Driver’s License in the Event of a DWI Charge
Interviewer: What happens to someone’s driver’s license?
Lisa Pelosi: With a driver’s license, a person’s license is usually suspended for a certain period of time. Often times, I work with clients to try to get a provisional license to motor vehicle because some people are going to still need their license to drive, their children to school or to go to work.
We try to work with them in the court to try to have our clients function in the best possible way with the suspension.
Interviewer: Incertain states you have to go to a specific hearing as well, is that the same as far as the Department of Motor Vehicles?
Lisa Pelosi: Usually, there’s hearings that take place in criminal court and that’s specifically designed to deal with the issue of whether or not you are driving drunk or impaired and whether or not proper procedures were used by the police department
It Is Absolutely Imperative that Your Attorney Is Involved in Both the Department of Motor Vehicles Hearing as Well as the Criminal Court Hearing
There’s also parallel hearings that take place in the motor vehicle that specifically are geared towards whether or not you’re going to be able to keep your license or not. It’s super important to make sure that your attorney is involved in both the Department of Motor Vehicle hearing as well as the criminal court hearings because statements that you make at the Department of Motor Vehicle hearing could be used against you and your criminal case.
All this really gets down to hiring a good attorney who is there to protect your rights and who’s experienced at these issues so that what you think might be helping you could eventually be hurting. What you think may help you in your Department of Motor Vehicle case would be used to impeach your or hurt you in your criminal case.
Interviewer: Donpeople usually take the DMV hearing for granted? Are they knowledgeable about that?
Lisa Pelosi: Most people don’t know about that, but if you have a good criminal defense attorney, they will go to both hearings with you and make sure you don’t say anything at the DMV hearing, that would hurt you in your criminal case.
The Importance of Defending DWI Charges in New York
Interviewer: There is a certain stigma attached to DWI Defense Lawyers. What would you tell an individual that would argue that?
Lisa Pelosi: It’s really important to treat this as a very serious case and to not try to get it over with quickly, but to have an attorney who knows what she’s doing, fight the case and try to see if there’s any way that you can get out of the case because proper procedures were not followed by the police department.
It is clearly a case where you need to fight because you’re fighting for keeping your records clean. Although a lot of people do try to get it over with quickly and I find a lot of attorneys who don’t understand what goes on in a DWI case and don’t understand the scientific background that a prosecutor needs to put forward and put forth if you were to go to trial.
It Is Never Beneficial to Plead Guilty to DWI Charges in New York
A lot of people plead guilty too quickly and they need to not do that because often times what looks like a case where you should plead guilty is really a taste where someone should not plead guilty. By not pleading guilty and fighting for your rights, you can end up with not having a criminal record.