What is the process for obtaining a provisional license in NYS after being convicted of a DWI in New Jersey (3 month NJ suspension) ?Is it recommended to obtain the services of an attorney for this process?
I think you mean a conditional license and I don't think you need an attorney. Call DMV.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
New York has conditional drivers licenses available for individuals that are either suspended pending prosecution for a DWI case or for an individual that has plead guilty or found guilty of DWI. You must find out through the New York DMV if they have been notified about the out of State, New Jersey conviction. If so, then find out from the DMV what steps you will have to take to get the conditional license. Ordinarily, after a New York driver is convicted of a DWI in order to get the conditional license that person would have to enroll in the Drunk Driving Program (DDP). Since you will be doing the IDRC for your New Jersey sentence find out if that program can be substituted for the DDP.
That said, I do not believe you will need an attorney.
Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.
I also do not thing you need an attorney. If you have a NY license, you need to go apply for the conditional license at the DMV. They will require you to take the NYS DMV Drunk Driving Program to get the conditional license provided you have not taken it in the last 5 years. If you have, you will not be eligible for the conditional license.