If New York Police Officer Does Not Appear At Refusal Hearing
If the arresting officer fails to appear at your refusal hearing the administrative law judge will postpone the hearing to another date for the hearing to take place. Your right to drive will be reinstated at that time.
If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police officer’s reports including the report of refusal as evidence of the alleged refusal. You of course have the right to defend yourself and of course have the right to have an attorney represent you at the hearing.