A conviction for a DUAI to a person who does not have a license nor is eligible for a license - he is here illegally - does he have to take the Seven Class Requirement that the court gave him even though he is not eligble for a conditional license?
Asked on 9/21/10, 11:17 am
1 Answer from Attorneys
John Campbell
Law Office Of John Campbell
Yes, if its part of the conditions of his sentence, he must take the classes even if not eligible for a conditional discharge. However, I have been informed by some courts that DMV will not accept someone into the Drinking Driver Program who is not eligible for a conditional license. If that happens, the defendant must go back to the sentencing court and have the sentence amended. That might require the filing of whats called a CPL 440.20 motion.
Answered on 9/27/10, 7:50 am
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