What to expect at the first appearance to the DMV Chemical Test Refusal Hearing.

At your first appearance to the DMV, the refusal hearing may take place if the arresting officer appears for the hearing. If the officer does not appear at the DMV then as long as the motorist does not have any other suspensions, the administrative law judge will reinstate the motorist’s driving privileges on the spot. If the police officer does appear at the DMV the hearing will take place and you run the risk of losing your right to drive in New York as a result. If the police officer does appear you may ask for a postponement of the hearing. If the judge grants the postponement the judge will continue your suspension until the results of a hearing that will be held several months later.

Does the motorist need an attorney at the hearing?

It is highly recommended that you have your own attorney at the refusal hearing. There are many rules and regulations that an experienced attorney can explain to the motorist and can be a great benefit to the motorist.

If you have any questions or for a free consultation please contact Carl Spector at 212 683 5912 or toll free at 800 879 6410.

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The Cake Boss Leaves Court With His Attorney Carl Spector After his Arrest for DWI in New York City

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Carl Spector New York DWI Attorney Leaving Manhattan Criminal Court with his client Bartolo Valastro, Buddy, the Cake Boss.

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I have found that over the course of my practice of law in New York since 1986 that DMV Chemical Test Refusal Hearings are an area that is very misunderstood by the general public. That said there is a logical way to prepare and defend these matters.
First, contact an experienced criminal defense attorney as soon as possible if you are facing a Chemical Test Refusal Hearing. The preparation for the hearing should begin immediately. The refusal hearing will be scheduled by the criminal court at your arraignment or first court appearance. The refusal hearing will be scheduled within a couple of weeks or less from your first court appearance.
Second, make sure that you detail all of the facts so that your attorney is aware of any documents or additional witnesses that should be spoken to and perhaps called to appear at the refusal hearing.
The attorney should also discuss with you your role at the refusal hearing and what if anything you would testify to at the DMV refusal hearing.
Many times the first appearance at the New York DMV refusal hearing will not resolve your case if the police officer is not present. In that case you may be eligible for reinstatement of your driving privileges.
A second hearing date will be scheduled through the mail some months later.
I will discuss the other issues with the second visit to the DMV on a later post.

If you have any questions or wish to have a free consultation please call 212-683-5912

To learn even more about Carl Spector and what other clients say about me please visit http://www.avvo.com/attorneys/10005-ny-carl-spector-876845.html

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Carl Spector, New York Attorney has been selected Top 100 Trial Lawyers in Criminal Defense by The National Trial Lawyers.

Carl Spector, Attorney at Law, licensed to practice law in New York and New Jersey.  Carl Spector has been admitted to practice law in New York since 1987 and in New Jersey since 1986.

From 1986 through 1992 Carl Spector was an Assistant District Attorney in Bronx County, New York prosecuting thousands of criminal cases.

In 1992 Carl Spector opened up his own law practice and has been defending cases in all the New York City Criminal Courts and through out New Jersey.

Carl Spector was a Municipal Prosecutor in Fair Lawn, New Jersey in 2009, 2010 and 2011.

If you would like to speak with Carl Spector for a free consultation for yourself or a family member or friend please call 917 744 6593.

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If you are attending the Super Bowl this weekend and get caught in a bad situation in or around the Metlife Stadium in East Rutherford, New Jersey or anywhere in either New Jersey or New York and need the assistance of an experienced New York and New Jersey Criminal/DWI/DUI or Traffic Attorney feel free to contact me.

 

I handle all types of Criminal Offenses, Felonies, Misdemeanors, Disorderly Person Offenses, Petty Disorderly Person Offenses, DWI/DUI and all traffic violations in New York and New Jersey.

 

Even if you live out of state and find yourself facing charges in any of the New Jersey or New York Courts we can work on the case from your home state.

 

If trouble finds YOU, I hope that you find ME to help you!

 

Call me for a FREE CONSULTATION at (917) 744-6593.

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Carl Spector, Attorney at Law recently went to trial with a client charged with an aggravated DWI in violation of the New York Vehicle and Traffic Law (VTL) 1192.2 (2-a).  After months of court appearances in the Nassau County, New York District Court the prosecutor offered to allow my client to plead guilty to a traffic infraction of driving while ability impaired VTL 1192.1.

My client refused the offer and the case went to trial.

On day one we selected a jury.  On day two the prosecutor presented several witnesses including a police officer that assisted in the arrest of my client.  On day three the prosecutor called to the witness stand an individual that stated previously in a written statement that my client was the driver of the vehicle involved in the accident.

My client maintained from the beginning of the case and from the moment I meet him that he was not the driver.

After the driver of the other vehicle testified I made a motion to the Judge to dismiss the case due to the fact that the prosecutor failed to establish that my client was the driver of the vehicle.  After a long legal argument by me and the prosecutor and after a lengthy period of time that the Judge spent deciding my application to dismiss, the Judge dismissed the Aggravated DWI.

WE HAD WON!

If you need any assistance with a case or know someone that can benefit from free consultation feel free to contact me.

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If you have been charged in New York with a DWI / DUI you are facing the possibility that you will have to install an Ignition Interlock Device in your car.

The best way to try to avoid this penalty would be to try to avoid pleading guilty to or being found guilty of a DWI.  The best way to do that would be to consult with and hire an experienced attorney that handles DWI cases in New York.

If however you can not avoid the DWI conviction you may, under certain conditions use an employer-owned vehicle WITHOUT the installation of the Ignition Interlock Device if you:

1. Use the vehicle only in the course and scope of the defendant’s employment;

2. If the employer has been notified that the motorist is subject to the ignition interlock device requirement;

3. If the motorist has provided the Court and the Probation Department with written proof indicating that the motorist’s employer is aware of the ignition interlock requirement and has granted the motorist permission to operate the employer’s vehicle without an ignition interlock device, only for business purposes; and

4. The motorist has notified the Court and the Department of Probation of his or her intention to operate the employer’s vehicle.

If you have any questions about the ignition interlock device or any other aspect of the law or your case feel free to contact us Statewide.

If you have been arrested or charged with a DWI in New York, or New Jersey then call the experienced attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

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As we head into this holiday weekend remember that the police are stepping up patrols to curb drivers that drink and drive.  Also remember that the police use the holiday as an opportunity to set up sobriety checkpoints throughout the city and state.  Do not drink and drive however, if you are stopped at a sobriety checkpoint or a roving patrol and get charged with a DWI, DUI or DUAI then know that you have significant legal rights that must be protected.  We know how to protect your rights.

If you have been arrested or charged with a DWI in New York, or New Jersey then call the experienced attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

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