of, and the successful completion of the NY State Drinking Driving
(DDP) is necessary for you in Obtaining a Post Conviction Conditional
When a motorist's license is suspended or revoked
for the conviction of any subdivision of Article 1192 the motorist
must surrender his license to the court. The motorist's attorney may
apply to the court for a 20 day stay of the mandatory suspension or
revocation. This will allow the motorist time to apply for a
conditional license at DMV if eligible.
A condition of the post-conviction conditional license is that the
motorist enrolled and successfully completed the DDP. The cost of
the conditional license is $75.00. If a motorist has been issued a
pre-conviction conditional license, the motorist is not required to
pay an additional $75.00.
The cost for attending the program is $225.00, which must be paid no
later than the third class. Some programs require the motorist to
pay $175.00 at the first class.
The program consists of 7 classes, one class a week for seven weeks.
Each class is approximately two to three hours long. The aggregate
number of hours of the course range from 15-17 hours.
The aim of the course is to educate the motorist so as to deter
future violations. In addition to the lectures, the motorist will be
given written tests and interviewed by the instructor. These tests
and interview are designed to determine if the motorist is at risk
for alcohol or drug abuse or in need of further therapy. In those
cases where the motorist is found to be at risk, the motorist
receives a referral for further therapy to an outside agency. This
additional therapy can last upwards of eight months and can also be
extended upon the recommendation of the Department of Mental Health
and other governmental agencies. Moreover, the motorist must pay for
the additional therapy.
If the motorist refuses to obtain the additional treatment or his
participation is unsatisfactory, his conditional license will be
terminated and the original suspension or revocation stemming from
his conviction will be imposed.
Moreover, if a person does not complete the DDP program, their
conditional license will be terminated and the original suspension
or revocation will be re-imposed in full from the date of the
termination of their conditional license.
More than 33% of those who participate in the DDP program are
referred out for additional therapy. I have heard of classes where
only 3 out of the 25 participants passed the DDP course. In view of
the importance of the DDP, it is imperative that any motorist who
must attend the DDP speak to a lawyer who has a full understanding
of the DDP and the criteria that is used for making referrals before
attending the DDP in order to increase their chances of completing
the DDP successfully.
At our firm we help prepare our clients for the
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