Questions about my NY DWI

[Clock]

Hey Clock,

I have another question for you. Maybe you or your attorney can answer this one for me. If my DWI charge is reduced to a DWAI charge (no criminal record) can the arrest record be expunged? I know that the DMV will still carry my driving record with the alcohol conviction on it, but at least the background check won't reveal an arrest.

Expungement from what I've read is nearly impossible in New York.

Nope, can't expunge the arrest. In New York employers aren't even allowed to ask about ARRESTS, only CONVICTIONS, so don't worry. The important thing in NY is what you are convicted of.

 

[ReformedMan]

Geico's lovely way of saying thanks

Since you guys have Geico and are wondering about rates I can tell you about my personal experience. Before my DWI my 6 month liability only premium was about $300. After they ran my record (every 6 months like clockwork with Geico) they sent me a letter saying they were dropping me, but since they wanted to keep my business they offered to let me sign on to a Geico Indemnity policy. Now my 6 month liability only premium shot up to about $590, so expect to take a nice size hit. I thought that I had fallen through the cracks for several months, but they caught up to me. I'm almost done with the whole DWI process, and in a couple of months it will just be a bad memory and my rates are expected to drop to somewhere in the high $400's for a premium from what my agent said, so that's good news. Also by then I'll be past the civil suit the lady I was involved in the accident with filed, but thankfully there was next to no damage and I have great insurance limits that will cover it. Be careful though, even a couple of scratches on another person's car and they will try to sue you for everything you have! Hope giving you a few numbers helps out a little, it's not fun but it could always be worse!

 

[Clock]

Since you guys have Geico and are wondering about rates I can tell you about my personal experience. Before my DWI my 6 month liability only premium was about $300. After they ran my record (every 6 months like clockwork with Geico) they sent me a letter saying they were dropping me, but since they wanted to keep my business they offered to let me sign on to a Geico Indemnity policy. Now my 6 month liability only premium shot up to about $590, so expect to take a nice size hit. I thought that I had fallen through the cracks for several months, but they caught up to me. I'm almost done with the whole DWI process, and in a couple of months it will just be a bad memory and my rates are expected to drop to somewhere in the high $400's for a premium from what my agent said, so that's good news. Also by then I'll be past the civil suit the lady I was involved in the accident with filed, but thankfully there was next to no damage and I have great insurance limits that will cover it. Be careful though, even a couple of scratches on another person's car and they will try to sue you for everything you have! Hope giving you a few numbers helps out a little, it's not fun but it could always be worse!

Thanks a lot, Reformed! That's actually not too bad. Paying twice as much as I am now for the same amount of insurance won't be much of a hit for me if it's just for a few years. Yeah, obviously it sucks compared to what I had, but whatever. I drove drunk enough and stupidly aggressive enough before all this happened that I was completely on borrowed time.

I'll be happy if I can keep my collision insurance at around 2,000 after lowering some of the coverage, raising deductibles to 1,000, and taking the defensive driver's course. I'll have to think about going liability only for a year or two if it's over 2500 or so.

Question: If I get liability only and get in an accident that's deemed not my fault, does the other guy's insurance cover it, or basically do I HAVE to have collision insurance to get ANYTHING back for ANYTHING collision-related, regardless of fault?

 

[regrettingit]

Updates

So some updates from my part. My arraignment is done. License was suspended. Got the hardship license which did not take much convincing on our part. I had taken with me my pay stubs and a letter from my boss but the Judge did not even look at the documents. Waiting for the court date now with fingers crossed.

 

[Clock]

So some updates from my part. My arraignment is done. License was suspended. Got the hardship license which did not take much convincing on our part. I had taken with me my pay stubs and a letter from my boss but the Judge did not even look at the documents. Waiting for the court date now with fingers crossed.

Yup. Pretty standard, I think.

Congratulations on getting the hardship, I know it certainly meant a lot to me. My pretrial is July third and my guess is that this is when the DA is going to offer a plea bargain (if any). I know my lawyer has filed quite a few motions that he said are basically to give the impression that we will fight this or at least not just roll over. I don't know the specifics on what motions he has filed, but what he did tell me was that it is very important to file motions before the pretrial, otherwise the DA will come in, see that you've done essentially nothing, and not take you at least as seriously as someone who at least appears to be gearing up for a trial.

I realize that's all very vague regrettingit, but it makes sense to me. You want to go to that pretrial with all of the ammo you can muster on your side that may move the DA toward the most favorable plea bargain.

 

[ReformedMan]

Thanks a lot, Reformed! That's actually not too bad. Paying twice as much as I am now for the same amount of insurance won't be much of a hit for me if it's just for a few years. Yeah, obviously it sucks compared to what I had, but whatever. I drove drunk enough and stupidly aggressive enough before all this happened that I was completely on borrowed time.

I'll be happy if I can keep my collision insurance at around 2,000 after lowering some of the coverage, raising deductibles to 1,000, and taking the defensive driver's course. I'll have to think about going liability only for a year or two if it's over 2500 or so.

Question: If I get liability only and get in an accident that's deemed not my fault, does the other guy's insurance cover it, or basically do I HAVE to have collision insurance to get ANYTHING back for ANYTHING collision-related, regardless of fault?

Sure! Sorry so long to reply. But in short yes, if you get into an accident and it is deemed not your fault, the other insurance has to suck it up and pay, whether or not you carry collision coverage. This doesn't mean they won't try to short pay some of your bills and get you to settle for as little as possible, but it usually won't hit your insurance rates directly if you are deemed to be 0% at fault. If even a small amount of the fault can be attributed to you, however, they start thinking of you as even more of a risk driver than they currently do, and it won't be pretty. Then again, if you go liability only, you better hope the person hitting you has insurance! More people than ever are getting rid of it altogether, and in that scenario you pay all the repairs and start looking for the nearest bridge.

 

[irish77]

Since you guys have Geico and are wondering about rates I can tell you about my personal experience. Before my DWI my 6 month liability only premium was about $300. After they ran my record (every 6 months like clockwork with Geico) they sent me a letter saying they were dropping me, but since they wanted to keep my business they offered to let me sign on to a Geico Indemnity policy. Now my 6 month liability only premium shot up to about $590, so expect to take a nice size hit. I thought that I had fallen through the cracks for several months, but they caught up to me. I'm almost done with the whole DWI process, and in a couple of months it will just be a bad memory and my rates are expected to drop to somewhere in the high $400's for a premium from what my agent said, so that's good news. Also by then I'll be past the civil suit the lady I was involved in the accident with filed, but thankfully there was next to no damage and I have great insurance limits that will cover it. Be careful though, even a couple of scratches on another person's car and they will try to sue you for everything you have! Hope giving you a few numbers helps out a little, it's not fun but it could always be worse!

this will be my first DWI conviction if it all goes through. I was not involved in an accident. you think my rates will shoot up as much as yours did? I have been with allstate for 10 years and ironically was awarded cold cash for being a safe driver.

 

[ReformedMan]

I'm not sure how often Allstate runs their MVR's, or if they do at all (but I would imagine they do). The fact that you didn't have an accident should definitely help your cause, as well as being a 'safe driver' before this. I wouldn't expect them to shoot up as much as mine did for those reasons, but predicting what an insurance company will do is enough to make my already balding head grow more hair just so it can fall out again.

 

[irish77]

I'm not sure how often Allstate runs their MVR's, or if they do at all (but I would imagine they do). The fact that you didn't have an accident should definitely help your cause, as well as being a 'safe driver' before this. I wouldn't expect them to shoot up as much as mine did for those reasons, but predicting what an insurance company will do is enough to make my already balding head grow more hair just so it can fall out again.

I hear that. Thanks. Yeah, no accident, but still the charge.

 

[foolhardy]

Well I also got caught the other night out on Long Island and blew a .21. Thank god nobody was hurt and I was by myself in the car when pulled over. Spent the night in the clinker and saw the judge the next day. They suspended my license until this friday when I go back for the hardship license. I am in sales so I drive around 2 counties on long island weekly so not sure how its going to work out for me. Hired a lawyer and will hope for the best.

I'm 48 married 2 kids never been arrested and this really sucks. But yea it could have been alot worse. And like others I'm glad I found this site because I almost feel alone on this and reading from others makes me realize I'm not. Will keep everyone updated on how things turn our for me.

 

[irish77]

Read the newspapers of the past month. Ironically, every time I have clicked on yahoo sports, there was another athlete or former athlete getting a DUI. Ken Stabler, Marcus Vick, Marshawn Lynch is gonna be charged with hit-and-run, Lofa Tatupu, Carmelo Anthony, etc. It is a very common occurrence that unfortunately, happens involving a lot of male drivers.

 

[irish77]

NY has a hardship license, so that works in your favor.

 

[foolhardy]

My attorney said the judge might not want to give me a hardship license to travel all over the place everyday. I guess I understand that but its not like I have an office. Oh well I guess I will see how it turns out and keep everyone posted.

 

[irish77]

My attorney said the judge might not want to give me a hardship license to travel all over the place everyday. I guess I understand that but its not like I have an office. Oh well I guess I will see how it turns out and keep everyone posted.

that's quick processing. I got mine on May 26th. Court isn't until July 28th.

 

[Tamar]

Boy**************that's a lot of scaring figures for the first timer