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reckless driving new york

Will I Be Losing My Car if I Get a DWI in New York?

If you have been caught driving while under the influence of alcohol or drugs, you have a lot to consider about your legal situation. This violation is usually a criminal matter, and you may be facing serious consequences, such as having your vehicle seized. With this, you need an effective criminal attorney. Continue reading to understand the chances of you losing your car after receiving a DWI and how an experienced Spring Valley DWI defense attorney at The Law Office of Kevin T. Conway can explore all defenses to fight your case effectively.

Will I end up losing my car after a DWI in New York state?

Like any other criminal charge, the consequences you may face depend largely on the circumstances of your criminal act. But overall, there are various instances in which the New York county will demand the forfeiture of your vehicle after your DWI.

If this happens to you, you will have a retention hearing, and then you may have to post a bond. From here, the county may file a summons and complaint regarding the seizure of your vehicle. During this time, and until the prosecution of your case, there will be various restrictions regarding what you can and cannot do with your vehicle. Lastly, once the summons and complaint are issued, your attorney may be granted an adjournment by the county attorney.

What are the possible defenses against losing my car after a DWI?

Again, like any other criminal charge, the potential defenses you may take depend largely on the circumstances of your case.

That said, a common defense that is taken is claiming that the car in question is the only car in your family, and thus, seizing it would impose unwarranted and substantial financial hardship on you and your family. Such financial hardship can pertain to the fact that you would have to use your family funds to buy another car, or that it would bring about your inability to commute to work. As long as you can obtain a sufficient amount of evidence to support your claim, then you may be able to keep your vehicle.

In this case, you and your attorney can oppose the motion for summary judgment and ask if you can petition the court for relief from the forfeiture of your vehicle.

You must be careful when taking steps toward retaining your vehicle. This is why it is in your best interest to employ a skilled Rockland County criminal defense attorney who will ensure this is made possible.


Attorney Conway is a Spring Valley criminal attorney and is also experienced in commercial law matters, zoning law, and estate planning. Contact The Law Office of Kevin T. Conway for a free consultation today.

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