In New York State you lose your license immidiatly after arraignment not after trial or a plea. Do you agree with this. I do not at all as taking a driver’s license just infringes on privileges before anything is proven. I had a DWI dismissed because I was sleeping in my car in my friends driveway not driving the car but my license was suspended for almost 5 months while the judge finally threw out the case. Basically my license was suspended for no reason.
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Do You Agree With Ny That If You Are Arrested For A Dwi Your License If Suspended Before You Are Found Guilty.?
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It’s like that in pretty much every state. But having your license suspended is a DMV matter and not a criminal matter. Although they are very intertwined, the DMV is who regulates licenses. In fact, you can request a DMV hearing (but you have to request it within 10 calendar days in most states) from the date of the citation, and if the cop doesn’t show up, you might not get your licenses suspended at all, even if you get convicted. So one is an administrative issue, the other a criminal issue, and they are separate, although they generally work in tandem.
During the arraignment is the time that an insanity plea, in which DUI falls under will be noted. So if you are under the influence and operating an automobile the court has enough Information at that time to decide whether or not you can be trusted with an automobile. So yes, I do think it is appropriate. Your circumstances are the exception to the rule. Most people if left with a license to drive will more than likely continue to drive and place people at risk. Drinking while driving kills people, so to remedy that, saving some lives it is better to pull folks off of the road and out of harms way.
A driver’s license is considered a privilege, and a privilege is not a right. Drunken driving has serious problems. Refusing a breathalyzer in NY is an automatic suspension of a license. The exact rules are different in each state. If you were in the back seat, I can see where there would be an issue, but behind the wheel is the officer’s judgement call. If you were in a driveway on private property, it certainly is right at the line.
Right or wrong as to where the line gets drawn is a difficult call. It is up to state legislatures and courts to decide.
Sleeping in a car has no correlation with driving under the influence. Were you high while sleeping?
Yes, it should be taken away it’s just like in a murder case. If someone is speculated to be a murderer, or arrested, then they can’t go out to the general public. They have to go through trials and provide evidence before they can actually rule out a sentence and be convicted for a murder.
Depends on the evidence. If they have a breath test of blood test that is positive, then yes. There is no reason to let a DWI drive because of some writings from 1776.
Were you impaired? they can charge you even if you are not driving but just sitting in your car with car keys in your possession