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If the motorist is charged with a driving
under the influence of drugs, a violation of 1192.4,
or driving recklessly, the Court frequently will Suspended the
motorist’s license under Section 510.3 pending prosecution of the
case. That means the motorist will not be able to drive during the
entire time the case is pending, and cannot qualify for a
conditional driver’s license.
Second - The Court will
determine various issues pertaining to the motorist custody status
at the arraignment.
The Court
can release the motorist in his own recognizance, that is, without
having to posting bail.
The Court can conditionally release the
motorist to the Probation Department, which will
monitor the motorist while the case is pending in Court. The
motorist must abide by the dictates of the Probation Department
which will included reporting to a probation officer after each
court date, enrolling in an alcohol program, which will include
random testing for the use of alcohol and drugs, as well as other
conditions which will not only restrict the motorists freedom, but
can cost a substantial amount of money. If the motorist does not
comply with Probation rules, the Court will be notified and more
than likely, the motorist’s custody status will be changed. That
is, they will be put in jail until bail is posted.
The Court at arraignment can also set
bail, whereby the motorist will be required to put up
cash or post a bail bond in lieu of being incarcerated during the
pendency of the case. The amount of the Bail is set at the
arraignment is determined by a host of factors; including but not
limited to the motorist’s previous arrest history, as well as the
motorist’s contacts with the community. The court will also
examine the circumstance surrounding the charges currently
pending against the motorist. For example whether or not an
accident occurred, was anyone injured in an accident, or whether
not the motorist was driving at an excessive speed. In Nassau
County the Prosecutors ask the Judge to set the minimum of $2,500
cash bail on first time offenders. The disposition of the
Individual Judge conducting the arraignment is also an important
factor, so it is imperative that the Motorist obtain an experience
DWI lawyer who knows the in and outs of Court Procedures.
Third – The Court in those cases where
the motorist has had their license suspended for failing a breath
test, will determine if the motorist will be provided
with a hardship hearing, whereby the motorist can present evidence
to the Court in an attempt to get a limited driving privilege
before they can qualify for a pre-convictional
conditional
license.
Fourth – The Court, in addition
to the aforementioned, can order the defendant to have an alcohol
evaluation.
Given the
importance of the arraignment, a motorist charged with a DWI,
should have an experienced DWI lawyer
at their arraignment.
THE
ATTORNEYS OF Brunetti & Ascione PLLC CAN BE REACHED 24
HOURS A DAY FOR ARRAIGNMENTS 516-794-3500 AND ARE AVAILABLE FOR
WEEKEND ARRAIGNMENTS IN NASSAU AND SUFFOLK COUNTIES.
For More Information And To Schedule a Free Consultation Call
Our Office: 1 516 794-3500
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