I got a second dwi in nassau county. The first in New jersey. Can they keep my car and can i get a conditional license

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First dwi in Jesey Second in nassau county. Is that a felony? can they keep my car? can i get a conditional license

Attorney Answers

3
Donalda Gillies ·
A NJ DWI can provide the requisite prior for a NY felony DWI if the NJ case was within 10 years. The prosecution would need to provide proof, at various points, of the NJ conviction and the particulars thereof. You will not be eligible for a hardship license if the case is pending as a felony. There is a minimum 1 year court-imposed revocation on a felony, and DMV may not permit you to get a license for some time after that. If you get probation, the probation department may or may not permit you to get a license when DMV is willing to let you apply. On a first DWI felony, however, the maximum is 1-1/3 to 4 years in prison. A 5 year probationary sentence is possible and is typically the minimum likely, but you will need to show willingness to get treatment and be amenable to probation to get it. Please be aware that if you are not already in treatment when placed on probation, they can decide what sort of treatment you need. If you are already in treatment and doing well, probation may be satisfied with your choice. Therefore, getting into an outpatient program (at least) should be a high priority. I don't practice in Nassau County but my understanding is that, in that county, they are very likely to seize the vehicle as a civil asset forfeiture and will sell it at auction. DWIs carry a long array of fines, fees, programs and collateral consequences. A DWI is very serious, and a felony DWI even more so. You will need an experienced DWI lawyer to help you with this case. I urge you to get one immediately. DISCLAIMER: This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. These may be somewhat different in your specific location. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
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Oscar Michelen ·
In addition to the above, you should also be aware that the DA's office in Nassau is asking for jail time on all felony DWI cases, so that this is the first concern that must be addressed before any lawyer you have worries about your license. Nassau County is a unique place when it comes to how they handle DWI cases. We would be glad to discuss thec ase with you at your convenience. Call us at 1 800 640 2000
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Theodore Robinson ·
I also practice in Nassau County and can verify that the DA's office is far more stringent in Nassau than any other county in New York state to my knowledge. Yes, it is likely they will try to take your car, since it is a second DWI. Yes, they will try to get the Judge to impose jail time, however, my biggest concern is whether they can prove you guilty of the charge of DWI. That's the first step in the process and if they never get past that step, then nothing else that's been written so far matters at all. You first step is to try to beat the charge itself and that takes an experienced attorney who is based in the county in which you are charged. Its very important that you see an attorney in Nassau County that is experienced and has a proven track record as a trial attorney with specific experience at trying alcohol related cases. Not just any attorney should be used for this type of case, so choose wisely. Interview at least 2-3 attorneys to make sure you feel comfortable with the one you finally choose and make sure you fully understand the fee arrangements and amounts before you agree to do anything with anybody. Good luck.
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