How To Get Your Car Back from the NYPD After a DWI Arrest in New York City
You have been arrested fro DWI in New York City. You thought things could not get any worse. But yet, the cop informs you that he is seizing your car for forfeiture. Can he do that? Unfortunately yes. Part of the persecution of those accused of drunk driving is seizing their cars and trying to sell them at auction. To begin with, it is completely up to the arresting officer whether to seize your car or not. If you were a jerk to him or you just did not respond to his liking, then your car will be seized.
If the car is owned by someone else they will not seize it. The police will give you a voucher. Keep this voucher. It is an actual number that identifies your car. In the mail in about two weeks your will receive paperwork that lays out the process on how to get your car back. Part of the process is to be screened by an alcohol counselor who is licensed by the state. Unfortunately, there are many unethical screeners in New York City that are only looking to make money and not help. You must identify one that is honest and will give you a full assessment. An additional item you will need is a release from the DA. This is extremely cumbersome since most DWI prosecutors are very inexperienced and make it very difficult to obtain this release. Once you have these items you can send them into the NYPD and hope you receive a fair settlement for your car. You may be charged 0-0 as a settlement fee is this is your first arrest.
The entire process is long and can be very frustrating for the average person if they have not dealt with it before. More information can be found at newyorkcitydwi.com and dwiqueens.com.
former prosecutor now defending the accused in state and federal court
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DWI Arrest
Question by mombat: Is a DWI arrest in Texas automatic grounds for having probation revoked?
My son is on probation in Texas for a felony theft. He was arrested yesterday for DWI, which is his second DWI in 4 years. Will his probation for the theft automatically be revoked?
Also, can an attorney really help, or is it pretty much in the hands of a judge regardless of representation?
Best answer:
Answer by thegubmint
It depends on the actual terms of his probation agreement, but most include something along those lines. So yes, his probation will probably be revoked.
Give your answer to this question below!
Most people on probation are not supposed to drink or use narcotics, if that is on his paperwork, which I am sure that it, yes he can get revoked, usually upon conviction, sometimes they will do it for the arrest alone.
In the State of Texas your probation can be revoked if you get arrested for anything while on probation, but it’s not automatic. The probation has to be revoked by court order. Hate to be the bearer of bad news, but if this is your son’s second DWI in 4 years, there’s a very good chance the judge will revoke his probation.