Legal Question in DUI Law in New York

licenses and the right to a speedy trial

1) i was arrested for a DUI in NY

2) i have an nj license

3) as per the statuatory obligation my license has been suspended by the judge, but the DMV has nothing on record and they say they cannot give me a provisional since i do not have a ny license anyway.

how might i be able to continue driving while the proceedings are underway?

part 2

what exactly is ''speedy trial'' and what days count toward the 90 days alloted by law?


Asked on 10/23/07, 11:35 am

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: licenses and the right to a speedy trial

Please contact my office @7188340087 with more specifics and perhaps I can answer your questions. A phone consultation is free.

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Answered on 10/23/07, 12:12 pm
Howard Weiner Law Offices Of Howard Weiner

Re: licenses and the right to a speedy trial

1. A New York court can only suspend your privilege to drive in the State of New York.

2. Speedy Trial is your right to have the District Attorney announce "ready" to go to trial within a certain amount of time after arraignment. The speedy trial calculation is extremely complicated, but examples of time which is excluded towards the calcuation include your attorney's requests for adjournments and the filing of defense motions. Speedy trial requirements generally do not apply to DUI cases, however, since both D.W.I. and D.W.A.I. in New York are violations of the Vehicle and Traffic Law, not the Penal Law.

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Answered on 10/23/07, 12:21 pm


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