In A New York DUI And DWI Case Does The Two Hour Rule Exclude Testimony of a Refusal

In New York DWI and DUI cases there used to exist a two hour rule which applied to the exclusion from evidence of a chemical test result that was performed more than two hours after the arrest of the motorist. This rule was also applied in the New York DMV to exclude into evidence at the DMV refusal hearing a refusal to take a chemical test. There has been a shift in the law that goes back several years that states that a chemical test performed 2 hours after the arrest is admissible at trial and a more recent shift in the DMV refusal hearing rules not to exclude a refusal that was more than two hours past the arrest.

If you have any questions about a DWI, DUI, DWAI, DWAI by drugs please contact us at 917-744-6593 and you will be speaking with an attorney for a free consultation.

FAQ: Can I Get A Copy of the Police Video From My Arrest in New York City For a DWI, DUI or Driving While Impaired?

Many people ask me whether they can get a copy of the video recording of them after their arrest for a driving while intoxicated DWI or DUI in New York City.
The answer is YES.
The video recording of you at the police department can contain vital information and be critical as evidence for and against you in a DWI case.
Therefore, the law requires that the prosecutor turn over to you and your attorney a copy of the video recording.
The recording often times shows key pieces of evidence such as how the police explained and demonstrated the standard field sobriety tests, the actual chemical test, how the refusal warnings were given and what if any statements made by you were before or after the Miranda warnings were given.

Please spend some time speaking to attorneys about your options with regard to your case. I would be happy to speak to you.
Call me at 917 744 6593 for a free consultation.

New York Attorney Best Rated and Review – Carl Spector DWI DUI Lawyer

Recent Client Review:

Great lawyer!

First and foremost, I would like to thank Carl Spector. since day one he was extremely reassuring on helping me with my 1st DWI-DUI case. My case was very complex, with charges for leaving the scene of an accident, DWI,Refusal and reckless. Not to mention it was in two different counties. But right off the bat ,Carl came up with a game plan as soon as I called him. After months of back in forth work, he made everything fall in the right places. He managed to drop every ticket including the refusal which is huge deal, by him finding a simple mistake the officer wrote on my report. I walked out of the court with a great plea deal with most of all the tickets dismissed and only stuck with a 1st offense DWI and carless. Once again thanks Carl for being there 100% of the way!

New York Lawyer Carl Spector Given Clients’ Choice Award 2015

Carl Spector, New York Lawyer was awarded a Clients’ Choice Award by AVVO for 2015. Mr. Spector was recognized for his commitment to outstanding service in the field of DWI, DUI and Criminal Defense work in New York and New Jersey. The award is based upon actual client feedback and reviews that are publicly posted on the website AVVO. Mr. Spector works closely with all of his clients, educating them and advocating for them. This award exemplifies Mr. Spector’s commitment to his clients.

New York DWI Arrest – Best New York City Attorney

If you or a loved one was arrested in New York City recently for a DWI or DUI you should speak to an experienced DWI/DUI attorney.
Please call Carl Spector, Attorney at Law for a free and confidential consultation.

Read what Carl Spectors’ clients have said about him:

Honest, Forthright Attorney with Extensive Knowledge of the Law and Criminal Justice System

Carl provided excellent legal representation for my husband, who was arrested on his first DUI charge early Sunday morning. Carl was great from the start. He answered my frantic phone call at 5AM, listened to my concerns and agreed to represent my husband at his arraignment. Carl was forthright and explained to me the entire process – where my husband was, what was going to happen to him, what I should expect at his arraignment and advised that it was going to be a long wait for him to be processed. Carl then continuously followed up with the Court and provided status updates to me every few hours so that I was informed. At the end of the day, Carl was able to secure a plea for my husband that resulted in just a traffic infraction as opposed to a misdemeanor. Carl was able to obtain a stay of suspension of my husband’s driver’s license so that he could continue driving for work while he waited for a conditional license. As a fellow attorney, I can attest to Carl’s knowledge of the law and legal system and I would recommend him without hesitation.