Refusal Hearing Success in New York

We recently had a great result at a Department of Motor Vehicle Refusal Hearing which we would like to share with you. Our client was charged in New York with driving through a steady red light and a driving while intoxicated, DWI.  After being pulled over by the police officer our client was placed under arrest.  The Report of Refusal filled out by the arresting officer and submitted to the Administrative Law Judge at the refusal hearing indicated that our client had blood shot and watery eyes, and a odor of alcohol on his breath.  The report also indicated that our client refused to take the breath test.

At the first scheduled refusal hearing the police officer did not appear.  As a result we were able to get our client’s driving privileges restored.  The refusal hearing was rescheduled for several months later.  At the rescheduled hearing the police officer once again did not appear.  As you know, if you have been reading our blogs, that at that point the ALJ can rely on the written reports submitted to the DMV to establish that the stop of the vehicle was lawful, that the arrest was based upon probable cause, that the refusal warnings were properly given and that in fact there was a refusal that took place.

Once the ALJ admitted the “Report of Refusal to Submit to Chemical Test” into evidence we objected by stating that the report was insufficient to establish probable cause that our client was driving while intoxicated.  The ALJ agreed with our argument and “closed” the matter.

As a result our client won the refusal hearing, avoided any suspension, does not have to pay the $500 fine and does not have to pay the Driver Responsibility Assessment of $750 which is $250 per year for three years.

We are experienced New York DWI attorneys who know the law.  We are here to protect your rights and your drivers license.

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

 

In New York What Happens At My Second DWI Refusal Hearing

Very often in New York when we appear with our client’s at the Department of Motor Vehicles (DMV) office for a refusal hearing a few days after a DWI arrest, the arresting officer does not appear for the hearing.  As a result, our client will get back their driving privileges without a hearing being held.  The refusal charges are Not dismissed at that time.  A new date will be set for a refusal hearing to actually take place.  No actual date is given for the refusal hearing at that time but a new date is sent in the mail for the refusal hearing to take place, usually within three months.

These are the issues at the refusal hearing:

1. Did the police officer have reasonable grounds to believe that you had been driving while intoxicated,

2. Did the police officer make a lawful arrest,

3. Where you given sufficient warning, in clear and unequivocal language prior to the refusal that a refusal would result in the immediate suspension and subsequent revocation of your license or operating privileges whether or not you where found guilty of the DWI,

4. Did you refuse to submit to the chemical test.

If all four elements are not established then your suspension is terminated and your privileges to drive in New York are reinstated.

If the police officer fails to appear at the second scheduled refusal hearing does the motorist  automatically win? Not so fast. The unfortunate answer is no.  The Administrative Law Judge (ALJ) can conduct the refusal hearing without the police officer appearing in person for the hearing.  The Administrative Law Judge can review the police officer’s reports, specifically the Report of Refusal and any other relevant evidence that  has been submitted to the DMV.  As a result of his review of these reports, the ALJ may make a finding against the motorist and determine that all the proper steps were taken by the police officer to prove the refusal to take the breath test.

What is the motorist to do to avoid this result?  At the second refusal hearing, if the police officer fails to appear, the motorist is entitled to an adjournment to subpoena the police officer for purposes of cross-examination.   Then, if the police officer fails to appear at the refusal hearing, then the charges will be dismissed.

We are experienced New York DWI attorneys who know the law.  We are here to protect your rights and your drivers license.

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

 

Out Of State Licensees With New York DWI Charges

Nearly all states around the country report alcohol and drug related driving convictions back to the driver’s home State.

If you are charged with DWI (driving while intoxicated) in New York and hold a license from another state, if convicted of an Aggravated DWI, DWI or DWAI (driving while ability impaired) that judgment of conviction will likely be reported back to your home state’s Motor Vehicles Commission or DMV.

So not only will you be subject to penalties from New York, you will also be open to penalties from your home state as well.

Therefore, you must take an active interest in the outcome of your New York DWI case and choose an attorney that can effectively discuss all of your options including contesting the DWI charges in New York.

If you have been arrested or charged with a DWI in New York, call the experienced Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Can A New York Refusal Hearing Be Postponed?

Refusal hearings in New York are held in a local Department of Motor Vehicles office such as the local New York City office located at 19 Rector Street 2nd Floor New York, New York. These hearings are conducted by Hearing Officers also known as Administrative Law Judges.

Refusal hearings are usually scheduled within two weeks of your DWI arrest in New York. Motorist should attend and actively participate with their attorneys in the preparation of and in the refusal hearing itself.

A motorist is entitled to attempt to adjourn (postpone) a refusal hearing by contacting the hearing officer responsible for their particular hearing or by contacting the Safety Hearing Bureau or the Division of Vehicle Safety.
In order to be successful in the attempt to obtain a postponement of your refusal hearing the request must be:

1. Received by the DMV at least 7 days prior to the scheduled date of the hearing,
2. No prior requests for a postponement were made,
3. The request is made for good cause.

The granting of the postponement is discretionary and not automatic. Therefore, the postponement is not guaranteed.

If an adjournment (postponement) of your refusal hearing is granted this does not lift the suspension that was imposed by the judge. The suspension pending the results of the refusal hearing continues and the additional suspension time will not be credited towards any revocation period ultimately imposed by the DMV for the chemical test refusal, if there is one.

A motorist is entitled to bring with them an attorney to represent them at this hearing. Our law firm has represented many clients before the DMV. We strongly suggest that you call our office to discuss retaining our services for the refusal hearing. Do Not Go It Alone!

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Consequences Of Driving Without An Ignition Interlock Device Installed In New York

In New York if you are convicted of a DWI you will be required by law to have an ignition interlock device installed into your vehicle.

The cost to install the ignition interlock devise is between $75 and $100.
There is a monthly fee to have and maintain the ignition interlock device which ranges from $70 to $100.

If you have been ordered to have an ignition interlock device installed in your vehicle in New York, then driving a vehicle without an interlock device is a Class A misdemeanor, punishable by up to one year in jail.

Assisting someone in circumventing an interlock device – for example, blowing into the device while sober so the vehicle will start, allowing an intoxicated individual to drive – also is a Class A misdemeanor.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Can I Get A DWI In New York While On Marijuana Instead Of Alcohol?

Yes it is possible to get charged with driving under the influence of marijuana. The prosecutor will want to have the results of a blood or urine test to help prove that you were under the influence however just having marijuana in your system does not necessarily mean that the prosecutor can prove that you were under the influence at the time that you were driving the vehicle.

If you have been arrested or charged with a DWI in New York, for being under the influence of marijuana then call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

What is New York’s Leandra’s Law? – DWI With Children In the Vehicle

Answer: Leandra’s Law is a series of child endangerment laws that impose potentially higher penalties on motorists who place a child or children passengers at risk while driving under the influence (DWI / DUI) of alcohol or drugs.

Motorist that are charged with driving while intoxicated (DWI / DUI) or impaired by drugs while a child younger than 16 years old is in the vehicle may be charged with a Class E felony punishable by up to four years in state prison.

If a motorist is convicted of DWI / DUI in New York with a child in the vehicle then the court will require the motorist to install and maintain an ignition interlock device (IID) on any vehicle owned or operated by the driver for at least six months, in addition to any terms of sentence.

Motorists that are convicted of driving while intoxicated or driving while impaired by drugs ( DWI / DUI / DWAID) and cause serious physical injury to a child in the vehicle may be charged with a Class C felony, punishable by up to 15 years in state prison.

Additionally, Leandra’s law requires that motorists who are convicted of driving while intoxicated or impaired by drugs ( DWI / DUI / DWAID) and cause the death of a child younger than 16 in the car may be charged with a Class B felony, punishable by up to 25 years in state prison.

If the motorist is a charged with a driving while intoxicated or impaired by drugs while that child is a passenger in the vehicle the motorist is reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency if the motorist is a parent, guardians, custodian or other who are legally responsible for a child.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

What Is The Victim Impact Panel (VIP) Panel?

In certain circumstances as part of a sentence for a DWI conviction, the court will impose upon the motorist a requirement to attend the victim impact panel. This is a class that is sponsored by MADD (Mothers Against Drunk Driving) as an awareness program for offenders convicted of misdemeanor driving under the influence of alcohol or other drugs. 

The panel presents victims of DUI related crashes and their families in an effort to give a first hand look at the pain and suffering that is caused but that is often overlooked in the criminal justice system.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Can I Get My New York DWI, DWAI Case Dismissed?

YES, our office successfully represented a client charged with driving while intoxicated DWI and driving while ability impaired DWAI in New York and got the case dismissed. The case started with a sobriety checkpoint in which our client was stopped and ordered out of his car to take a field breath screening test known as the Alco-Sensor. After the breath screening revealed alcohol in our client’s system the police made an arrest. Another breath test was performed at the police station with similar results.

Our law office filed motions to protect the rights of our client, demanded police reports from the prosecutor, analyzed the reports, discussed our findings of those reports with our client and we went ahead and presented our position to the District Attorney. In the end, the District Attorney’s Office agreed that there was not enough evidence to prove their case against our client and based upon those conversations the District Attorney’s Office and our law office applied to the judge for a dismissal and the judge agreed to grant a dismissal on all charges.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Police Officer In New York Did Not Give Me A Reason For Pulling Me Over, Can I Still Be Convicted Of A DUI?

Most of the time when motorists get pulled over by the police, the police officer or state trooper will tell the driver why they pulled them over. In some instances they will ask the driver “do you know why I pulled you over”. At some point during the car stop it will be obvious to you why you are being detained by the police.

The question is, does the failure of the police officer to inform you of the reason why they pulled you over invalidate a DUI charge or DUI arrest?

The police must have a legal reason to pull you over. At the appropriate time they will have to articulate this to the prosecutor and ultimately to a judge at a pretrial hearing, if a hearing is held. If the police officer does not articulate a credible legal reason why they pulled you over then the judge can rule that the “stop” was illegal and that any and all evidence against you that was taken after the stop can not be used at a trial.

Evidence that may not be used against you if the prosecutor fails to establish a legal reason why you were pulled over includes:

1. Results of field sobriety tests such as the HGN, One Leg Stand Test, Walk and Turn Test,
2. Admissions to the police that you were drinking such as “I only had two beers”,
3. Results of breath, blood or urine tests to determine the blood alcohol (BAC) in your system.

In effect your case would be dismissed.

If a police officer pulls you over and fails to inform you of the reason that he pulled you over this does not invalidate your charge or arrest in New York for a DWI.

Some common reasons that the police pull over vehicles are:

1. A computer check reveals that the vehicle registration is expired or suspended.
2. Violation of a local traffic law
3. Passing a red light,
4. Failure to yield to a pedestrian,
5. Speeding,
6. Careless driving,
7. Reckless driving,
8. Failure to maintain lane,
9. Passing a school bus,
10. Failure to stop at a stop sign,
11. Traffic accident.

There are many other reasons why vehicles are singled out by the police. If you have questions about your case we would be happy to discuss the facts and circumstances with you at length at a free consultation.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.