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20 Day Stay

After a conviction for DWI or for DWAI, it is possible to be granted a 20 day stay of imposition of the license suspension or revocation. The purpose of the 20 day stay is to allow individuals who have been convicted of DWI or DWAI to continue to drive while their paperwork is being processed by DMV. This prevents a gap during the time period where the driver's license has first been suspended or revoked but the papers have not yet been processed by DMV to issue the conditional license. Once convicted of either DWI or DWAI, it is important to go to DMV and enroll in the Intoxicated Driver's Program and apply for a conditional or restricted license. This should not be done right away; rather it should be done about two weeks after the conviction has been entered in order to allow enough time for DMV to process the paperwork.

The idea is that the convicted person should still be able to drive for work, medical appointments, etc. and that he should not be prevented from driving simply due to an administrative delay. It has been my experience that judges in upstate New York, where driving is seen as an absolute necessity, routinely grant the 20 day stay. However, judges in New York City are more reluctant and generally need to be presented with a compelling reason before they will grant a 20 day stay. 

Serving My Clients

I am here to work for you. I understand that you work hard for your money. I have over twenty years of experience fighting for my clients' rights. If you have been arrested or issued a traffic ticket, please call me. Let's see if we can work together to achieve the best possible outcome for you at a reasonable cost.

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