We recently had a great result at a Department of Motor Vehicle Refusal Hearing which we would like to share with you. Our client was charged in New York with driving through a steady red light and a driving while intoxicated, DWI. After being pulled over by the police officer our client was placed under arrest. The Report of Refusal filled out by the arresting officer and submitted to the Administrative Law Judge at the refusal hearing indicated that our client had blood shot and watery eyes, and a odor of alcohol on his breath. The report also indicated that our client refused to take the breath test.
At the first scheduled refusal hearing the police officer did not appear. As a result we were able to get our client’s driving privileges restored. The refusal hearing was rescheduled for several months later. At the rescheduled hearing the police officer once again did not appear. As you know, if you have been reading our blogs, that at that point the ALJ can rely on the written reports submitted to the DMV to establish that the stop of the vehicle was lawful, that the arrest was based upon probable cause, that the refusal warnings were properly given and that in fact there was a refusal that took place.
Once the ALJ admitted the “Report of Refusal to Submit to Chemical Test” into evidence we objected by stating that the report was insufficient to establish probable cause that our client was driving while intoxicated. The ALJ agreed with our argument and “closed” the matter.
As a result our client won the refusal hearing, avoided any suspension, does not have to pay the $500 fine and does not have to pay the Driver Responsibility Assessment of $750 which is $250 per year for three years.
We are experienced New York DWI attorneys who know the law. We are here to protect your rights and your drivers license.