Legal Question in DUI Law in New York


My girlfriend is from PA and she got a DWAI in New York State. In addition, she got hit with tailgating / failing to signal / going over double yellow lines. Mind you, she is also under 21.

She has a court date next week and does not know what to expect in the court process. A friend told us to plead not guilty on all the tickets, including the DWAI. Does this potentially mean she can get a plea bargain for the other violations (not DWAI)?

She is not planning on getting an attorney for court FYI.

1) How should she defend herself?

2) What will the consequences be? License suspension?

3) What happens when the officer that pulled us over is not present in court?

4) If license is suspended, can she go to Drunk Driving Class to get conditional license?

5) Anything else she may need to know?

Thank You.

Asked on 5/25/10, 6:06 pm

2 Answers from Attorneys

Stuart Austin Austin Law Associates, PC

She should ask the court to screen her for a legal aid attorney. Because of the consequences involved she should not try to handle the case on her own. Both a DWAI and DWI have suspension/revocation consequences to your license as well as other collateral consequences. The officer will, most probably, not appear in ct. Depending on her previous record, as well as current charges (ie refusal or reading) she may be eligible for a conditional license.

Good Luck

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Answered on 5/26/10, 9:38 am


t would be highly recommended to have an experienced lawyer with him defending him and preserving his rights in court. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 5/28/10, 12:16 pm

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