Friday, February 8, 2013

Hardship License When Charged With DWI

 Hardship License When Charged With DWI

Where a driver’s BAC is .08% or greater, the  court may grant a hardship hearing based upon the application of the defendant if the suspension would result in “extreme hardship” to the individual. The statute, VTL 1193, states that “extreme hardship” is the inability to obtain alternate means of travel to or from the licensee’s employment, or to or from necessary medical treatment for the licensee or member of the licensee’s household, or if the licensee is a matriculating student enrolled in an accredited school, college, or university travel to or from such licensee’s school, college or university if such travel is necessary for the completion of the educational degree or certificate.

 The burden of proof extreme hardship falls upon the defendant and may not be based on the testimony of the licensee alone. So, you must bring in some additional type of evidence. Generally this evidence can be a bus schedule, train schedule, fares from a local taxi company, letter from an employer, work schedule, testimony of a friend, co-worker or relative.

If the Judge grants a hardship license, the motorist will only be permitted to operate a motor vehicle for travel to or from employment, necessary doctor’s appointments or school. The locations and addresses of permitted driving will be specifically listed on the hardship license. However, you may not operate a motor vehicle during work, only to and from the job site.

J John Sebastian Attorney

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