In some cases in New York the police or the prosecutor will file DWI charges against a motorist which contain two separate DWI charges on the same case. This is common in cases with a breath reading and also common for refusal cases. The police and the prosecutors are charging you based upon two different [...]
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 [...]
Very often in New York when we appear with our client’s at the Department of Motor Vehicles (DMV) office for a refusal hearing a few days after a DWI arrest, the arresting officer does not appear for the hearing. As a result, our client will get back their driving privileges without a hearing being held. [...]
In New York a police officer is permitted to request a motorist to submit to a chemical test and the law provides that: Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: 1. Breath, 2. Blood [...]
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 [...]
Most of the time when motorists get pulled over by the police, the police officer or state trooper will tell the driver why they pulled them over. In some instances they will ask the driver “do you know why I pulled you over”. At some point during the car stop it will be obvious to [...]
In New York an arraignment is the first time you see a judge after you have been arrested and charged with a DWI, DUI or DUAI. There are several very important issues that arise at the arraignment that everyone should be aware of. 1. At the arraignment you are informed about each and every charge [...]
In New York the suspension pending prosecution rules do not extend to drivers that hold a license or permit underage. These underage privileges shall not be suspended or revoked pending a hearing. If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 [...]
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 [...]
I am asked this question quite often and the answer is not as simple as it may seem. It always comes down to a question of the facts. If you are sitting behind the wheel of a motor vehicle for the purpose of driving the vehicle even if it is not moving then the DWI [...]