October 30, 2009
/24-7PressRelease/ -- What to Expect If You Are Arrested For DWI in Nassau County
Article provided by Foley, Griffin, Jacobson & Faria, LLP
Visit us at http://www.foleygriffin.com
1. There are numerous police agencies patrolling the streets of Nassau County. In addition to the Nassau County Police Department (NCPD), officers from the New York State Police Department, Parks Police, Long Island Railroad Police and numerous Village agencies all control portions of the roadways. The level of experience with driving while intoxicated offenses (DWI) will vary based upon the particular department. Most DWI arrests in the County are made by the NCPD. DWI arrests by the NCPD are processed in Mineola. DWI arrests by the State Police are processed in barracks in either Farmingdale, Lake Success or Valley Stream.
2. The following is a list of the various village police departments in the Nassau County:
-East Hills Department of Public Safety (peace officers)
-Floral Park Police Department
-Freeport Police Department
-Garden City Police Department
-Glen Cove Police Department
-Great Neck Estates Police Department
-Hempstead Village Police Department
-Kings Point Police Department
-Lake Success Police Department
-Long Beach Police Department
-Lynbrook Police Department
-Malverne Police Department
-Old Westbury Police Department
-Old Brookville Police Department
-Port Washington Police Department
-Oyster Bay Cove Police Department
-Rockville Centre Police Department
-Sands Point Police Department
-Town of Hempstead Bay Constables (peace officers)
-Town of Hempstead Department of Public Safety (peace officers)
-Town of North Hempstead Bay Constables (peace officers)
-Town of North Hempstead Department of Public Safety (peace officers)
-Town of Oyster Bay Bay Constables (peace officers)
-Town of Oyster Bay Department of Public Safety (peace officers
3. If you have been arrested for DWI, you will be asked to take a breath test to determine the amount of alcohol in your system, if any. If you take the test and your blood alcohol level (BAC) is over the legal limit, (.08%), your driving privileges will be suspended. If you refuse to take the rest, and it is shown that your refusal was knowing and voluntary, your license will be revoked.
4. If you are pulled over and accused by a NCPD officer of driving while intoxicated (DWI), you will be spending the night in jail. Whether or not you spend the night in jail if arrested by the other police agencies varies depending upon the individual department.
5. If you spend the night in jail, the next day you will be brought to Nassau County District Court at 99 Main Street in Hempstead for your arraignment. At arraignment, the prosecutors will request that you be held on bail and your license will likely be suspended by the Judge. Whether or not the Judge sets bail on you will be determined by a number of factors including the circumstances of the arrest, the BAC reading, your ties to the community and whether or not you have previously been charged with a crime.
6. After your case has been heard by the Judge, and you have retained a private attorney, the matter will be adjourned for another date to the Part 7 courtroom at 99 Main Street, Hempstead. If your licensed was suspended due to the BAC reading being above .08%, you may be eligible for a "hardship hearing."
7. In Part 7, your case will be conferenced with the prosecutor, Judge and your attorney. If the case can be resolved with a plea bargain, that will happen in Part 7. If the proposed plea bargain is not acceptable, your matter will be transferred to another part for trial.
8. If charged with DWI, a plea bargain offer could involve an offer to plead guilty to the reduced charge of driving while ability impaired, a violation and not a crime.
9. Jail: if convicted of DWI as a misdemeanor, a Judge can impose a sentence of up to one year in jail. Whether or not you go to jail for a DWI conviction will depend on a variety of factors including prior arrests, if an accident was involved, the reason you were stopped by the police and your BAC.
10. Fines a conviction for DWI involves a fine of up to $1000.00, plus surcharges. In addition, you will also be responsible for DMV fines.
11. Community Service: many plea offers in the County involve a component of community service.
12. Victims Impact Program: most Judges will require persons convicted of DWI related offenses to attend this program. It is intended to educate drivers on the dangers of driving while intoxicated.
13. Vehicle Forfeiture: If you were arrested for DWI by the NCPD, the Nassau County Attorney will move to seize your vehicle. This is a civil proceeding separate and apart from the criminal matter.
Article provided by Foley, Griffin, Jacobson & Faria, LLP
Visit us at http://www.foleygriffin.com
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