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NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

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. 

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Azria & Bruffett did a very professional and effective job of dealing with my (out of state) speeding ticket in upstate NY. I was going 75 in a 65 which means multiple points along with a hefty fine. Ralph Habib was able to reduce the magnitude of my ticket down to a no points, non-moving violation. The paralegal Monica coordinated all of the communications and made it a very easy process for me. Fees were reasonable and competitive with other firms I shopped around at. I would recommend them to anyone else facing ticket issues as well.

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These guys really great they solve my speeding ticket with 3 points easily with no points, i thank to ralph habib for great work really appreciated i will recommend anyone just call them and save your time.

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Azria & Bruffett Law Firm PLLC is a great law firm to handle all your speeding traffic tickets and more! Lawyer Azria is very professional, courteous, and helpful. He is willing to answer all you inquiries and very patient to explain all the details and the process how a case works. I am really satisfied with his service. I got a speeding traffic ticket 🎫 in upstate, 4 points, and he downgraded my points to 0. He has great and affordable prices among other lawyers. I highly recommend him!

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I am a truck driver and I was involved in an accident and was charged with a speeding ticket, which carries a penalty of 3 points. I called the AZRIA & BRUFFETT LAW FIRM, left him a message, and 15 minutes later, Mr. AZRIA responded. He provided me the knowledge and took my case. My ticket was reduced to 0 points and a small fee. l highly recommend this law firm, especially if you are a CDL driver. Thanks Mr. AZRIA and Ms. Shannon. You are the best.