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GENERAL DWI CONCERNS Page 112-a

21 Dec

GENERAL DWI CONCERNS

Be aware of the following information.

You will find this information in many of the Charts, however it sometimes dos not always fit. A Chart would extend over 3 pages.

1. No unconditional discharge may be granted for any 1192 offense. A sentence of conditional discharge or probation must be accompanied by a fine….. 1193.1(e). see 1193.2(c) regarding re-issuance of licenses.

2. If convicted of violation of 1192.2,2-a or 3 then:
see1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

3.  1198.3 – the commissioner may grant a post-revocation conditional license

4. 1199. Driver Responsibility Assessment Fee – any person convicted of a violation of any subdivision of 1192 or any person found to have refused a cemical test, 1194.2… shall be liable for a drivers reassessment fee of $250 per year for a three year period.

Failure to pay could result in a suspended license until all assessments are paid in full.

This provision also applies to section 49-a of the Navigation Law and section 25.24 of the Parks, Recreation and
Preservation law

5. 1193.1(f) Victims Impact Program – Where the Court imposes a sentence for a violation of section 1192, the Court may require the defendant, as part of or as a condition of such sentence, to attend a single session cunducted by a victim impact program.

6.  1192-10  Plea Bargain Limitations

 
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