QUESTION

How do I request a hardship licence at my court arraignment?

Asked on Mar 20th, 2012 on Criminal Law - Florida
More details to this question:
What procedure do I need to follow to request a Hardship License in Delaware County New York? Do I ask the prosecutor or Judge? I was arrested for DWI 3 nights ago- First time offense- I was stopped in a Road block and I didn't realize I had a right to say No when the officer asked if I had been drinking. Needless to say - I said yes I had one drink - which gave the state police probable cause to test me - I was put through FST and thought I did very well - I was not feeling intoxicated and shouldn't have been with one drink but after 3 tries to register a BAC reading the officer finally got one. He didn't tell me what it was at the road block site. He just cuffed me and took me to Central station to be booked. I sat there over an hour 1/2 then he took another BAC and said it was .10. He released me to my sister . The next day I called a DUI Lawyer - I just don't know how I could have had a BAC of .10 with one drink - (He made me empty my lungs trying 3 time to get a reading, - I had not eaten in 8 hours prior to the drink. I weigh 115 lbs and I had been painting most of the day prior to having that one drink) I also have a medical condition called Arnold Chiari Malformation which effects my balance and eye movements- which could have aided in me not passing FST. I explained all of this to a Lawyer and he told me not to fight this and to plead not Guilty to the DWI charge and request to confer with the Assistant District Attorney for a plea down to a DWAI. I am not a wealthy person. I am a single mom supporting two boys in college and only bring home 1011.00 a month after taxes - I need to keep my license to keep my job- What can I do to stop suspension- or at least be assured I will not have any time with out a license? How do I get a Hardship License?
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3 ANSWERS

Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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This forum is to answer a simple legal question, not to give a legal treatise to someone who wants to represent themselves pro se. Every county court has an office of pro se representation to assist people who want to represent themselves, as well as a law library. You should start there.
Answered on Mar 26th, 2012 at 5:57 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You ask the judge for a "hardship privilege" to drive to work. You must show that you have no other way to get to work because it doesn't exist or you can't afford it: no train, bus, cab, car service, relative, friend, coworker or neighbor that can drive you. You must have written proof or a live witness to back you up. Your testimony is not enough.
Answered on Mar 22nd, 2012 at 7:51 PM

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Bruce Arthur Plesser
Apply for a hardship licence through dmv.
Answered on Mar 21st, 2012 at 4:00 PM

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