Ithaca Watkins Glen DWI lawyers: ADVANTAGES of going to NY DMV Refusal Hearing (Part 1)

ADVANTAGES of going to the New York DMV Refusal Hearing (Part 1)

In my new blog series,"Advantages of Going to the New York DMV Refusal Hearing" I'm going to touch on all of the reasons why Larry and I really focus on the importance of the NY DMV Refusal Hearing for DWI Refusal cases in our office.  As Larry has written in our EBOOK "How to Handle the DWI Refusal Case"  -- we believe that the administrative hearing can be helpful when defending a DWI Refusal in New York.

*DISCLAIMER:  However, bear in mind, we evaluate every single case we take on its individual merit and so there will be some cases where going to the DMV hearing is unnecessary or even possibly harmful to a client's case.  Again, we determine if the DMV hearing will be helpful on a case-by-case basis.  

WHO GETS AN ADMINISTRATIVE DMV REFUSAL HEARING in NY?

You will only get an administrative DMV Refusal hearing IF you either expressly or impliedly Refused the chemical test in NY.   You don't get a DMV hearing if you refused the Preliminary Breath Test ("PBT") on the side of the road.  You only get a DMV hearing if you refused the breath or blood test offered at the police station or hospital.  

Basically, if the police decide you "refused" the chemical test, you will get a DMV Refusal hearing.  We will later talk about "express vs implied" refusals.

WHAT HAPPENS AT A NEW YORK DMV REFUSAL HEARING?

This is a complicated question that we will cover throughout our multi-part blog series over next few days.  In its simplest form, an administrative law judge will determine if you legally refused the chemical test --and will then determine if you lose your driving privileges for that same refusal.  

Generally, the arresting officer(s) will testify to the Judge about your arrest (i.e. why they stopped your car, why they thought you were driving impaired, and why they arrested you) and then about how they warned you about what would happen if you refused the chemical test. Finally, they testify that you actually refused one way or another.

After the officer(s) testify, we as defense counsel get an opportunity to cross-examine the police officer about everything he testified to --and usually some other areas as well.  

(I will give detailed info about our cross-examination in a future blog post)

Then, the Judge decides if you legally REFUSED and if you will lose your driving privileges or not.  

That's the absolute basics.  It's more complex --and you will see why in my other posts. 

WHAT'S THE PUNISHMENT FOR LOSING THE DMV REFUSAL HEARING IN NY?  

It depends.  On a first offense DWI Refusal, the driver will lose their privileges for 1 year from the date determined by the Judge at the hearing.  This also means that you are NOT eligible for any pre-sentence driving privileges while the criminal case plays itself out. You would be eligible to get a conditional license AFTER sentencing.  No hardship or conditional licenses BEFORE the case is over  You will also have to pay a civil DMV fine of $500 plus an additional "Driver Responsibility Assessment" to the DMV of $750 (payable in installments over 3 years i.e. $250 a year).  The DMV will send you a bill in the mail.

If you've had more than one DWI Refusal in your life--then the punishments can be harsher. 

WHERE DO THEY HOLD THESE ADMINISTRATIVE DMV HEARINGS?

We have a practice that covers many counties in the Finger Lakes region of upstate NY, and so that answer is pretty spread out... 

If you have a DWI Refusal in one place, then the DMV hearing will be located based on where the arrest occurred.  Here's the list of ones we go to most frequently: 

County where you were arrested:   Tompkins, Cortland, 

Location of DMV hearing:   Cortland County Courthouse

County arrested:  Schuyler, Steuben, Chemung

Location:  Painted Post Municipal Building (in Painted Post, NY)

County arrested:  Yates

Location:  Farmington Town Court, in Farmington, NY (close to Rochester)

County arrested:  Seneca

Location:  Federal Building Lyons NY (in Wayne County)

For the full list of all the DMV Refusal Hearing locations, CLICK HERE

CAN YOU POSTPONE ONE OF THESE DMV REFUSAL HEARINGS IN NY?

Not if you want the DMV hearing to help you in your criminal DWI Refusal case.  Unfortunately, these hearings are extremely difficult to reschedule through the DMV Safety Bureau.  On average, if you reschedule your hearing, it will be put back on the docket about 6-9 months later in our area.  In other words, your criminal case will likely be over or decided so that the hearing cannot help you with your DWI charges.  

So, that means we never want to postpone a DMV Refusal hearing.  We go to them come hell or high water (unless we've decided the hearing itself is unnecessary for your particular case).  This also means that it is equally important for people to contact us well before their scheduled DMV hearing so that we have as much time as possible to meet with you and prepare for it.

Well, that's it for today  Check back for more info in future posts about the New York administrative DMV Refusal Hearing (and how it can be used to the DWI Refusal client's advantage!) 

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties of Upstate New York , give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

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