Can A New York Refusal Hearing Be Postponed?
Refusal hearings in New York are held in a local Department of Motor Vehicles office such as the local New York City office located at 19 Rector Street 2nd Floor New York, New York. These hearings are conducted by Hearing Officers also known as Administrative Law Judges.
Refusal hearings are usually scheduled within two weeks of your DWI arrest in New York. Motorist should attend and actively participate with their attorneys in the preparation of and in the refusal hearing itself.
A motorist is entitled to attempt to adjourn (postpone) a refusal hearing by contacting the hearing officer responsible for their particular hearing or by contacting the Safety Hearing Bureau or the Division of Vehicle Safety.
In order to be successful in the attempt to obtain a postponement of your refusal hearing the request must be:
1. Received by the DMV at least 7 days prior to the scheduled date of the hearing,
2. No prior requests for a postponement were made,
3. The request is made for good cause.
The granting of the postponement is discretionary and not automatic. Therefore, the postponement is not guaranteed.
If an adjournment (postponement) of your refusal hearing is granted this does not lift the suspension that was imposed by the judge. The suspension pending the results of the refusal hearing continues and the additional suspension time will not be credited towards any revocation period ultimately imposed by the DMV for the chemical test refusal, if there is one.
A motorist is entitled to bring with them an attorney to represent them at this hearing. Our law firm has represented many clients before the DMV. We strongly suggest that you call our office to discuss retaining our services for the refusal hearing. Do Not Go It Alone!