- The Initial Meeting
- Fee Arrangements
- The Initial Court Appearance - Generally
- The Initial Court Appearance – DWI/ DUI Cases
- Getting you back on the Road
- Achieving a Resolution of the Charges
- Department of Motor Vehicle Hearings
- Conclusion
The purpose of this meeting is to review the charges against you in detail and determine the possible defenses which may be asserted on your behalf. We will explain the statutes that cover these charges and fully brief you on the minimum and maximum penalties that apply. We will fully inform you of the process that criminal cases follow in our court system. Our goal is to provide you with a complete understanding of your rights and remedies when faced with a Driving While Intoxicated/Driving While Ability Impaired or other criminal offense. You need to feel completely comfortable with us as your New York DWI lawyer. You must be completely satisfied that we possess the skills and experience to be the defender that you need and to protect your rights in your Driving While Intoxicated/Driving While Ability Impaired or other criminal offense.
We handle DWI/DUI cases as well as most, but not all other criminal defense cases, on a flat fee basis. We will provide you with a written retainer agreement should you choose to hire us as your New York DWI lawyer, which will set forth among other things, the total fee that we will charge, the services that we will provide, and your rights as a client to terminate the agreement at will. We will go over the provisions of the agreement with you. Remember, we work for you.
The Initial Court Appearance - Generally
We will appear in Court with you each time that your DWI/DUI/DWAI or other criminal case is before the Court. We will be by your side when your case is called and you have to step up to the table before the sitting Judge. At the initial appearance before the Court on your case, you will be arraigned on the charges. You have the Constitutional right to have the charges read aloud in open court. As your DWI attorney in New York, we will inform the Court that while you waive a reading of the charges against you, you do not waive the rights guaranteed to you under the law. This avoids having to endure the potential embarrassment of having details of the offense read aloud in the Courtroom for all to hear.
The Initial Court Appearance – DWI/ DUI Cases
New York law requires all drivers charged with DWI or DUI cases to surrender a driver’s license (if you hold a New York State Driver’s License) at the initial court appearance. Your privileges to operate a motor vehicle in New York will be suspended if you hold an out-of-state driver’s license. Accordingly, PLEASE BE SURE NOT TO DRIVE YOUR CAR TO THE INITIAL COURT APPEARANCE ON A DWI CASE. You will have to take public transportation or have a friend or family member drive you to and from Court.
We will conference your case with the Assistant District Attorney (“ ADA”) assigned to prosecute the matter. The ADA will provide us with the paperwork supporting the DWI, DUI or other criminal charges against you such as chemical test results and other related documents. As your DWI attorney, we will go over these documents with you to determine the strength or weakness of the prosecution’s DWI/DUI or other case against you. We will also get a preliminary idea as to what possible disposition that the prosecution will offer you to resolve the case without a trial. Normally, the case is adjourned for at least two weeks from the initial appearance. This adjournment allows the Court to check your background to make sure that there are no pending charges against you in other jurisdictions, no outstanding warrants for your arrest and of course, whether you have any previous convictions.
Read up on the New York State Drinking Driver Program for information about the impact on your driving privileges and New York State's effort to reduce the personal and property losses caused by drivers under the influence of alcohol and/or drugs.
When you surrender your driver’s license, you are not legally permitted to operate a motor vehicle New York . Many of our DUI clients in White Plains, Rockland and Westchester counties seek temporary licenses to drive to and from work. The first method is available, under limited circumstances, if the loss of your license will present an “extreme hardship.” We will explain the “hardship license” procedure with you in detail and determine if you are eligible to receive such a license.
The other form of restricted license is known as a “conditional license.” Unfortunately, this license is only available to you under certain circumstances and then, only after the charges are fully disposed of whether by plea or trial. Again, we will explain the law and procedures governing conditional licenses to you at our initial meeting.
Achieving a Resolution of the Charges
Sometimes, the case can be wrapped up in just one appearance. Other times however, depending upon the Court in question, or the particular circumstances involved, the case will require several appearances before a resolution in reached. If a determination is made to proceed to a trial on the charges, a whole different schedule will be set by the Court. We will need to devote a significant amount of time in preparation for your trial. This requires an equal time commitment from you.
Department of Motor Vehicle Hearings
In addition to your criminal court case to defend a DWI/ DUI, your DUI attorney may represent you in a hearing before the New York Dept. of Motor Vehicles (“DMV”). Generally, these hearings are held in the event that a person is charged with refusing to submit to a chemical test following an alcohol or drug-related motor vehicle incident, or, with respect to motorists under the age of 21, those accused of operating a motor vehicle after consuming alcohol. The statute provides very stiff penalties for motorists under the age of 21, even if they are not charged with an alcohol-related offense such as DWI or DUI. Such hearings are also conducted in the event of a fatality involving a motor vehicle accident with or without alcohol involvement.
We have had great success in protecting our client’s rights before the DMV. For a separate fee, we will appear with you at the DMV hearing and vigorously assert your position before the hearing officer. We will do our utmost to protect your driving privileges at the hearing.
As experienced New York DWI lawyers, Greenspan & Greenspan has had a long history of providing outstanding legal services to our clients – many of whom have given us the ultimate compliment – a referral to their friends, family and co-workers who are in need of our services. Often, these referrals happen months or even years after the original client’s case has concluded.
We hope that this overview has been helpful and look forward to speaking with you. You can contact us at our White Plains, New York office by telephone at 866-777-4545 or via our convenient contact form.
