Prompt Suspension (License) Law Law and Legal Definition
The Prompt Suspension Law (New York) provides that a court, pending prosecution, shall suspend the driver’s license, of any person charged with driving while intoxicated, aggravated driving while intoxicated, or driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs who is alleged to have had a BAC of .08% or more at the time of arrest.
The Court must suspend the defendant's driver's license pending prosecution for 30 days. Upon the conclusion of 30 days, the defendant may obtain a pre-conviction conditional license provided s/he is otherwise eligible to receive one from the Department of Motor vehicles. However, if the court finds that the suspension imposed will result in extreme hardship, the court must issue such suspension, but may grant a hardship privilege, which shall be issued on a form prescribed by the commissioner. Extreme hardships include the inability to obtain alternate means of travel to or from employment; necessary medical treatment or School. The burden of proving extreme hardship shall be on the licensee who may present material and relevant evidence. A finding of extreme hardship may not be based solely upon the testimony of the licensee. [ NY CLS Veh & Tr § 1193].
