I have found that over the course of my practice of law in New York since 1986 that DMV Chemical Test Refusal Hearings are an area that is very misunderstood by the general public. That said there is a logical way to prepare and defend these matters.
First, contact an experienced criminal defense attorney as soon as possible if you are facing a Chemical Test Refusal Hearing. The preparation for the hearing should begin immediately. The refusal hearing will be scheduled by the criminal court at your arraignment or first court appearance. The refusal hearing will be scheduled within a couple of weeks or less from your first court appearance.
Second, make sure that you detail all of the facts so that your attorney is aware of any documents or additional witnesses that should be spoken to and perhaps called to appear at the refusal hearing.
The attorney should also discuss with you your role at the refusal hearing and what if anything you would testify to at the DMV refusal hearing.
Many times the first appearance at the New York DMV refusal hearing will not resolve your case if the police officer is not present. In that case you may be eligible for reinstatement of your driving privileges.
A second hearing date will be scheduled through the mail some months later.
I will discuss the other issues with the second visit to the DMV on a later post.
If you have any questions or wish to have a free consultation please call 212-683-5912
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