Suspension-Pending Prosecution

License Suspension Without Conviction

People facing their first drunk driving charge are often shocked to learn that the court can suspend their driver's license at arraignment, while their case is pending — even though they have not been convicted of anything.

License Suspension and the Law

In New York, there is a specific law that says if the court has reasonable cause to believe you have committed an alcohol-related crime, it can suspend driving privileges while the case is open. Many people first learn about the threat of license suspension at their first court appearance, the arraignment.

For your best chance at retaining your ability to drive, it is important to retain a criminal defense attorney before your first court date. Contact attorney Raymond D. Sprowls. He understands New York drunk driving laws and will work to minimize the negative consequences of any alcohol-related driving charges.

The Pringle Hearing

There is a mechanism in the law that allows you to fight the automatic license suspension. It's called a Pringle hearing. Held before the trial court, this hearing determines whether there was probable cause that you committed an alcohol-related driving crime. The results of this hearing are usually based on the certified breath test and the police report.

Mr. Sprowls will represent you at this hearing. Although it is an uphill battle, he may be able to show there was not probable cause to make the arrest. He may be able to obtain a hardship privilege that would allow you to drive to and from work. Requesting a Pringle hearing can be beneficial to the defense of your case even if you do not win the hearing. Sometimes the police officer's testimony at that hearing can be useful in later stages of your DWI defense.

To schedule a free, in-office consultation, please contact criminal defense lawyer Raymond D. Sprowls. He represents clients charged with drunk driving throughout New York's Hudson Valley.

Recent Case Results

November, 2009:
Two men were arrested in a car after police claimed they had seen the driver (Mr. Sprowls’ client) throw a quantity of cocaine out the window and on to a city street. At a pre-trial suppression hearing, Mr. Sprowls successfully argued to the judge that the evidence should be suppressed. Once the evidence was suppressed, the D.A. had no choice but to dismiss all criminal charges. The defendant ended up pleading guilty to a speeding ticket!
October, 2009:
A few months after Mr. Sprowls’ client was arrested during the execution of a search warrant, Mr. Sprowls got the felony charges dismissed. The defendant had been found inside an apartment with prescription pills, marijuana, cocaine, and drug paraphernalia in the room next to where the defendant was standing. Mr. Sprowls used his extensive knowledge of search and seizure law and the facts of the case to convince the D.A. that the case could not be proven against his client and persuaded the prosecutor to dismiss the charges.
August, 2009:
The police arrested two boys and charged them with felony Criminal Mischief, claiming the boys had caused damage in excess of $500.00 to a local municipal park. The boys denied the charges. The end result? Mr. Sprowls got the case dismissed in exchange for the boys’ promise each pay only $100.00. The moral of the story? Never accept the word of the police as truth -- they lie and exaggerate just as much as anyone else.
August, 2008
Two men were arrested and charged with Burglary in the Third Degree, a Class D felony. Mr. Sprowls' client had just finished serving 22 years in state prison and was on parole.

Within five weeks of the defendant's arraignment, Mr. Sprowls got the case dismissed and the defendant is a free man.
March, 2008:
A high school-aged boy and four of his friends were arrested and charged with multiple felonies, including Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree. If convicted of the Burglary Charge as an adult, Mr. Sprowls’ client could have been sentenced to anywhere between 5 and 25 years in state prison. In October, 2008, after extensive investigation and interviews with witnesses, Mr. Sprowls got the case dismissed and his client’s bright future remained intact.
February, 2008
Five people were arrested in a commercial establishment during the execution of a search warrant. The store was a "weed spot" and had been selling to a steady stream of customers for months.

Mr. Sprowls' client was in the common area of the store when the police entered and no marijuana was found on his person.

Within a month of his arrest, Mr. Sprowls got the case against his client dismissed.
December, 2007
Two men were arrested in the City of Newburgh and charged with multiple Class D Felonies, including Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree. Mr. Sprowls' client had a lengthy criminal record going back over thirty years with a prior felony conviction. The D.A. was out for blood and insisted that the two men would go to state prison for these crimes.

Of course, Mr. Sprowls could represent only one of the defendants. After investigating the case and researching the applicable law, Mr. Sprowls advised his client to refuse all plea offers and to remain ready for trial.

The co-defendant was subsequently indicted and his case was transferred to County Court where he is looking at a state prison sentence.

Mr. Sprowls' client is now a free man. Because Mr. Sprowls knew the law and the facts of the case, all of the charges were dismissed and the defendant is home with his family.