WHAT IS A DWI REFUSAL HEARING
Regardless of whether it’s right or wrong, if you refuse to submit to a DWI chemical test, your license to drive in NY will be revoked for one year. Within 14 days of your arraignment, the DMV will schedule a refusal hearing. This is a separate hearing from your criminal case, and an Administrative Law Judge will be assigned to your case. At this DWI refusal hearing, the judge will make a determination on whether you knowingly refused or not. This is a serious matter – and you should not go alone. You should hire an NYC DWI refusal hearing attorney to help you.
SIGNIFICANCE OF REFUSAL HEARINGS
Distinct from a criminal case, or a misdemeanor case, a DWI refusal hearing is significant. You can loose your license, be fined $500, and $250 for three years by the DMV. Prosecutors can use this refusal as evidence in your criminal dwi trial. In fact, the law permits the prosecutors to use your refusal as a, “consciousness of guilt,” against you. What that means is prosecutors can say, you refused because you knew you were guilty.
WHAT HAPPENS IF THE POLICE DOESN’T SHOW UP TO THE DWI REFUSAL HEARING
If you go to the hearing with your attorney and the police officer doesn’t show – the judge will return your license to you until you are given a future date. Upon returning a few months later, the police officer has an opportunity to appear again. If he/she fails to appear again, the judge can return your license and make a ruling based on the police’s failure to show.
DO YOU NEED AN ATTORNEY
Going alone is foolish. Administrative Law Judge’s make their decisions based on the papers, and based on the police’s evidence. If a police officer shows up, then your attorney helping with the NYC dwi refusal hearing can cross-examine the officer. In addition, a record will be made of the testimony – but there will be no prosecutor present to defend the police officer. As a result, in NYC, prosecutors often don’t want officers to show up and testify on hearings for this exact reason.
Experienced NYC dwi refusal hearing attorneys at the Spodek Law Group can help lock a police officer into testimony that is damaging to the prosecution’s case. In some cases, prosecutors may not even be aware the police officer showed up to the hearing at all. This is a very good opportunity to weaken the prosecution’s case, and the law enforcement’s case, against you.
Call us today for a risk free consultation on how we can help you.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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Astoria, NY 11106
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Brooklyn, NY 11201