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 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 Department of Motor Vehicle Chemical Test Refusal Hearing For DWI Cases

What to expect at the first appearance to the DMV Chemical Test Refusal Hearing.

At your first appearance to the DMV, the refusal hearing may take place if the arresting officer appears for the hearing. If the officer does not appear at the DMV then as long as the motorist does not have any other suspensions, the administrative law judge will reinstate the motorist’s driving privileges on the spot. If the police officer does appear at the DMV the hearing will take place and you run the risk of losing your right to drive in New York as a result. If the police officer does appear you may ask for a postponement of the hearing. If the judge grants the postponement the judge will continue your suspension until the results of a hearing that will be held several months later.

Does the motorist need an attorney at the hearing?

It is highly recommended that you have your own attorney at the refusal hearing. There are many rules and regulations that an experienced attorney can explain to the motorist and can be a great benefit to the motorist.

If you have any questions or for a free consultation please contact Carl Spector at 212 683 5912 or toll free at 800 879 6410.

Carl Spector, New York Attorney Selected Top 100 Trial Lawyers

Carl Spector, New York Attorney has been selected Top 100 Trial Lawyers in Criminal Defense by The National Trial Lawyers.

Carl Spector, Attorney at Law, licensed to practice law in New York and New Jersey.  Carl Spector has been admitted to practice law in New York since 1987 and in New Jersey since 1986.

From 1986 through 1992 Carl Spector was an Assistant District Attorney in Bronx County, New York prosecuting thousands of criminal cases.

In 1992 Carl Spector opened up his own law practice and has been defending cases in all the New York City Criminal Courts and through out New Jersey.

Carl Spector was a Municipal Prosecutor in Fair Lawn, New Jersey in 2009, 2010 and 2011.

If you would like to speak with Carl Spector for a free consultation for yourself or a family member or friend please call 917 744 6593.