Legal Question in Criminal Law in New York

DWI: license revoked

I am a single working mother, charged with felony DWI.According to the law I am not eligibale for a conditional / hardship license, which I was denied.My sister has been driving me to work at night under very bad road and weather conditions along with my 4 months old daughter.It is a long drive and on that particular road accidents happen regularly. I am afraid for the well being and lives of my daughter and sister.I do feel there is a great danger. Is there anything according to the law that I can do to get my driving privilegies back at least at night so I can go back and forth to work thus keeping my family out of danger. Thank you


Asked on 8/30/99, 3:55 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: DWI: license revoked

The following criteria have been established to be considered by the Court in determining whether to issue a hardship privilege:

1. The presence of licensed persons in the claimant's household;

2. The ability of other household members to provide trnsportation for the claimant;

3. The proximity of the claimant's place of employment to his or her household;

4. The presence or absence of public transportation or taxi service to the claimant's household;

5. Consideration of the claimant's ability to afford public or taxi transportation;

6. The presence of co-workers, friends or family members who may assist in the claimant's transportation;

7. Any other factor that the Court may deem appropriate to its determination. People v. Bridgeman, 622 NYS 2d 431(1995)

Here with a felony conviction for DWI, a heavy burden rests on the claimant, especially if she has been afforded consideration in her first DWI conviction, however the above factors should be presented to the Court for re-consideration.

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Answered on 9/01/99, 8:49 pm


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