Legal Question in DUI Law in New York

DWAI - conditional discharge

I was arrested DWI in NY on end of August. When I appeared the court, it got reduced DWAI based on the discussion with DA. I was sentenced 1 year conditional discharge and 580 fine and 90 days driver licence suspense ( I got learners permit only). Other tickets are dismissed. No probation, no classes. I need to pay 750 to DMV as Drivers responsibility Assesment program for alchocol conviction.

My doubts are.

1. What is conditional discharge? Do I need to report court after one year end of my conditional discharge?

2. Shall I elgible for appearing road test after 90 days suspension period over for getting my drivers licence ( Because I had only learners permit at the time of conviction and handed over to judge?

3. Will any problem to get my Driver's licence after my suspension over, becasue of this DWAI conviction plead guilty?

If possible to perfect clean of my record immedietely(include arrest record, FBI records everything). I am verymuch interested to hire an attoney again to help in this


Asked on 9/20/07, 6:02 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: DWAI - conditional discharge

1. You do not have to return to court at the end of your conditional discharge period. You were sentenced to a 1 year unsupervised period of probation. That means, stay out of trouble and after a year, this will not haunt you again in a criminal court.

2. You will have to pay a reinstatement fee. I think it is $300 but you should be eligible to take the test assuming you are over 21.

3. You pled guilty to a traffic violation. Technically you do not have a criminal conviction with which to seal. On the other hand, you will still have an FBI rap sheet and this will stay on your license and permanent DMV record so if you repeat your behavior you can be charged with more serious offenses. After a period of time you can ask the court to seal its record and you may be eligible for some types of further relief, however there is no way to expunge a record in NYS.

If you would like to discuss this further, you can contact me by following the links below.

Good Luck.

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Answered on 9/22/07, 12:19 am


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