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.