Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket Articles

DWI Chemical Test Refusal Hearings in New York

by Seth Azria on 8/03/2015

Having a Hearing Can be Valuable Even When Lost

I have had clients, and some attorneys, who ask me, “Should I go forward with a refusal hearing?”—and despite the fact that they are unlikely to win, I tell them that I believe that they should in most cases. Participating in a refusal hearing is an excellent way to get free discovery and to cross-examine the police officer about the underlying conduct in the case—both in terms of how your client was interacting with the officer and the officer’s observations of your client.

As a result, I tell my clients that they should never waive their right to a refusal hearing. In fact, the only time I suggest to clients that they should waive their right to that hearing is if the DA is willing to give them a resolution to the charges within a relatively short time frame. The reason for this is that if the driver loses the refusal hearing, driving privileges will be lost for one year. The only way to be able to drive during this one-year suspension period is to be eligible for a Conditional License, which allows a driver with a suspended license to drive to and from work and school. To be eligible for a Conditional License the driver must be eligible to attend the NYS Drinking Driver Program; and have been convicted of an alcohol related charge.

This means the driver cannot have taken, nor have been eligible to take and refused, the DDP program in the previous five years and that they must be convicted of an alcohol related offense. As long as a driver is eligible to participate in the NYS Drinking and Driving program they will at least be able to drive to and from school or work, even if they failed to take a breath test, and by statute, their license privileges have been suspended for one year.

The obvious import of this is if a driver is found to have refused a validly requested chemical test, they can only have driving privileges after they have been convicted of an alcohol related offense. The driver who loses his license for one year for a refusal, who is then successful at avoiding an alcohol related conviction, will have no ability to drive at all during the one year revocation. A dubious victory for the driver.

Article adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books, A Thomson Reuters business. 

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

Don't plead guilty.

Our experienced traffic defense lawyer is available to talk to you about your case.

Free Consultations. Call Now.
(315) 396-8006




 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
Professional & Trustworthy

I contacted the office after receiving a speeding ticket. I was informed of my options and the likelihood of various outcomes and retained the services of the Azria office. The entire process was seamless and I was informed of the progress of the proceedings every step of the way. In the end, the case was reduced to a non moving violation. I would highly recommend the firm.

Michael posted to Avvo
Google+ Review

The friendly and courteous team at Azria & Bruffett made dealing with my ticket a breeze. I was quickly able to resolve the issue with a defensive driving course (the refresher helped) and I was able to put it behind me to become more mindful on the road.
Thanks again for all of your assistance.

Google Review

I received a speeding violation back in December 2020 and is now dismissed. Seth Azria and firm has done an excellent job in getting the ticket dismissed successfully. The entire staff has been very professional, quick and responsive. I really appreciate their service and give them a 5 star. I would be happy to refer them to my friends.

Thanks

Google+ Review

Fantastic, quick and efficient! They made the whole process of dealing with my traffic tickets easy, couldn't be more pleased!