Legal Question in Criminal Law in New York

dwi

My son got a DWI over the summer. He had gone out , had some drinks, came home to sleep.

He woke up hours later thinking he was ok and realized that he left his wallet down the block by the friends house he was at earlier. He got in his car, thinking he was ok and was stopped for driving too slow. He took a breathalizer thinking he was fine, he felt fine, but the breathalizer came up .08.

To make a long story short. He pleaded guilty because he really couldnt afford the legal fees to come back to court. He did all his community service, paid a slew of costly fines, and attended alcohol classes that were required for him to do. His license was taken away and he will not be able to get it back to maybe next year. He realizes now that he made a very irresponsible choice that evening . He is a college student with good grades and never ever got in trouble in his life. He really learned a valuable lesson after this.

Thinking this was all behind us, we got notice that the town of Nassau county is going to take his car. We had to turn it in this week. Is this normal procedure. I have heard of others in the area who have gotten DWI's more than once, and their cars werent seized and the are still driving!


Asked on 1/19/09, 8:18 pm

1 Answer from Attorneys
Steven Czik CZIK LAW PLLC

Re: dwi

Generally I dont believe it should be siezed until 2nd such offense. Besides that there are ways to fight the siezure. The County must have given proper notice, must file a timely civil action against you and there are certain exceptions that may exempt you from such a siezure.You are welcome to contact us for a free consultation.

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Answered on 1/22/09, 2:25 pm


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