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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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If you’re pulled over in New York for a suspected DWI, you’ll likely be asked to submit to blood alcohol content testing. New York is what’s known as an “implied consent state.” That means that if you’re stopped by police while driving, and you’re suspected to be under the influence of alcohol, you consent to submit to testing to determine your blood alcohol content level.
A person who has been detained on a routine DWI stop in New York isn’t required to submit to any type of implied consent blood alcohol content testing at all. That includes standard roadside field sobriety testing consisting of:
The investigating officer might also want the driver to perform roadside blood alcohol testing with a portable breath testing device. There are consequences to refusing any of these tests though. Failure to submit to field sobriety testing can result in confiscation of your driver’s license on the spot, and you can be taken to the local police station for additional testing. Your vehicle will also be towed from the scene of the traffic stop, and you’ll be responsible for the towing and storage fees. In the event you cause injuries, the other party could hire a car accident attorney.
Additional blood alcohol content testing
After being transported to the local police station, you’ll be asked to submit for what’s commonly known as a breathalyzer test. You can refuse to take that test too, but that won’t stop a DWI prosecution. In a trial, your refusal to submit to breathalyzer testing at the police station can be used against you as consciousness of guilt. An automatic driver’s license suspension effectuates too.
Involvement in an accident with personal injuries or a fatality
Not consenting to blood alcohol content testing becomes irrelevant in cases involving personal injury or death. Police can ask a judge to issue a search warrant for your blood to be tested. They’ll get your blood one way or another.
The two cases
Even though you can’t be charged criminally for refusing to submit to blood alcohol testing, two cases will spin off of the DWI arrest. Those are the actual DWI prosecution itself and a refusal hearing before a Department of Motor Vehicles (DMV) hearing officer.
The Report of Refusal
This report will be completed by the arresting officer at the police station after you’ve been taken into custody. The DMV hearing officer must schedule a hearing on the report within 15 days of the date of your refusal. This is a “hard” suspension, and there is no special license or permit that you can obtain to avoid it.
The DMV hearing
The administrative law judge at the DMV refusal hearing will be looking at four fundamental issues. Those are:
Should the administrative law judge find that any one of these issues is answered negatively, your license suspension will be cleared. If he or she finds in the affirmative on all four issues, your license is revoked for a minimum of one year. That’s when a conditional license is going to be needed, but the only way to get that is by pleading guilty or being found guilty in the underlying DWI case. A conditional license might be obtained if you’re admitted to the Drinking Driver Program, but your conditions of driving will be highly restrictive. For those who refuse chemical blood testing after a DUI stop, the only way to get their full license back is after the revocation period passes.
We provide the highest quality of defense in both DWI and refusal hearings in all of New York City’s boroughs. Contact us right away after any DWI arrest.
How To Get Your Car Back After NYC DWI Arrest
If you are arrested in NY for Driving While Intoxicated (“DWI”), Driving While Ability Is Impaired (“DWAI”), or any other NY drunk driving charge it is possible that you car will be taken by the New York Police Department for forfeiture, arrest evidence or for safekeeping. If you want to retrieve your car after your NYC DWI arrest, you will need to know the various city agencies involved and whether your car is being held for arrest evidence, forfeiture or safekeeping.
If you car is taken for arrest evidence, then it is solely being kept as evidence of the crime. Shortly after your arrest, you will receive in the mail a (2) two page letter from the New York City Police Department, Property Clerk Division One Police Plaza, Room 208 New York, NY 10038. The letter will state that in order to retrieve your car you need the following:
What Happens If the Vehicle is Inoperable or Will Not Start?
A motorist must provide his or her own tow truck if the vehicle does not start or is inoperable. If you are retrieving a motorcycle you may either tow it or retrieve it with a van or truck in which the motorcycle can be stored. Motorcycles can not be driven out of the storage facility due to safety concerns.
What Happens if the Vehicle is Being Held as Forfeiture Evidence?
If the vehicle is being held as forfeiture evidence, you will want to notify the auto pound in which your car is being held and the New York Police Department Civil Enforcement Unit 2 Lafayette Street, 5th Floor New York, NY . (917) 454-1111.
Where are the NYPD Auto Pounds?
Erie Basin Auto Pound
700 Columbia Street
Brooklyn, N.Y. 11231
Take the F train to the 4th Avenue Station. Transfer to the B77 bus (Westbound) to Columbia Street & Lorraine Street. Walk four blocks (south) on Columbia Street to its end – the Pound is on the pier at the waterfront. OR
Take the R train to the Prospect Avenue Station. Transfer to the B77 bus (Westbound) to Columbia Street & Lorraine Street. Walk four blocks (south) on Columbia Street to its end – the Pound is on the pier at the waterfront.
From North Brooklyn, Queens & Long Island:
Take the Brooklyn queens Expressway (West) to the Atlantic Avenue Exit. At the exit ramp, make a left onto Columbia Street (Southbound). Follow Columbia Street to its end, turn right and bear left around the back of the brooklyn Battery Tunnel entrance and then turn right onto Columbia Street. The Pound is on the pier at the waterfront.
From South Brooklyn & Staten Island:
Take the Brooklyn Queens Expressway (Gowanus Expressway) (East) toward the Battery Tunnel. Get off at the Hamilton Avenue exit. Proceed straight past the Brooklyn Battery Tunnel. Bear left and go around the back of the tunnel entrance. Then turn right onto Columbia Street. Follow Columbia Street to its end – the Pound is on the pier at the waterfront.
Springfield Gardens Auto Pound
174-20 North Boundary Road
Springfield Gardens, NY 11430
What Happens if the Vehicle is Bring Held as Arrest Evidence?
If the vehicle is being held as arrest evidence then you will need your NY criminal defense lawyer to reach out to the Assigned District Attorney and request a District Attorney Release. A District Attorney Release is a letter that states that the vehicle is no longer needed as arrest evidence and the NYPD can release the vehicle. The Assistant District Attorney will draft a letter and submit to the Property Release Unit of the District Attorneys Office in the County in which your case is being prosecuted. Your criminal lawyer will be able to retrieve the letter on your behalf.
District Attorney Property Release Units:
Manhattan District Attorney Property Release
1 Hogan Place, Room 732
New York, NY 10013
Bronx District Attorney Property Release
215 East 161st Street
Bronx, NY 10451
Brooklyn District Attorney Property Release
120 Schermerhorn Street, Room 205B
Brooklyn, NY 11201
Queens District Attorneys Property Release
125-01 Queens Boulevard
Queens, NY 11415
Staten Island District Attorneys Property Release
67 Targee Street
Staten Island, NY 10304
District Attorneys Release
New York County District Attorney Release by Spodek Law Group P.C.
NYPD Legal Bureau
Civil Enforcement Unit
2 Lafayette Street, 5th Floor
New York, NY 10007
Telephone: (917) 454-1100
Fax: (817) 454-1187
The attorneys at the Civil Enforcement Unit have the legal authority to forfeit any car that was used in a DWI or DWAI. Generally, only if facts of a particular case are so extreme or if you are a repeat offender will the NYPD pursue litigation. Generally, the NYPD attorney will be amenable to a forfeiture settlement agreement which involves evaluation of the offender for alcohol abuse by an independent state-certified counselor and the completion of any recommended treatment prior to the release of the vehicle.
SETTLING WITH THE NYPD LEGAL BUREAU
Once we are retained on a Drunk Driving case in which the vehicle was taken for forfeiture we sent a letter of representation to the NYPD legal bureau letting them know that we represent you in relation to the forfeiture of your car. In the event the NYPD legal bureau screens your case and decides to propose a settlement, your attorney will receive a settlement package by fax or mail.
The proposed settlement will include the following:
We handle: Queens DWI car forfeiture, Brooklyn DWI Car Forfeiture, Staten Island DWI Car Forfeiture, Bronx DWI Car Forfeiture, Long Island DWI Car Forfeiture, Suffolk County DWI Car Forfeiture, Nassau County DWI Car Forfeiture,
In New York, if you are stopped by the police under suspicion of a DWI, you are required to submit to blood alcohol content testing. Refusing any of these tests can result in confiscation of your driver’s license on the spot, and your vehicle being towed from the scene of the traffic stop.
Even though you can’t be charged criminally for refusing to submit to blood alcohol testing, two cases will spin off of the DWI arrest. The first one is the actual DWI prosecution, and the second one is a refusal hearing before a Department of Motor Vehicles (DMV) hearing officer.
Not consenting to blood alcohol content testing becomes irrelevant in cases involving personal injury or death. Police can ask a judge to issue a search warrant for your blood to be tested.
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