Refusal Hearings in Nassau County and Suffolk County
Experienced New York Defense Attorneys
New York State has an implied consent law regarding breathalyzer tests. This means that if a police officer asks you to take a breathalyzer test and you refuse, you will automatically have your license revoked and subject yourself to additional fines. However, you are entitled to a refusal hearing after you refuse a breath test or chemical test. The refusal hearing is different from a criminal proceeding and it is conducted by the Department of Motor Vehicles (DMV). Since this is not an ordinary criminal proceeding, these hearings can be very complicated. At any legal hearing, it’s highly recommended that you obtain legal counsel and this hearing is no different.
Our attorneys at the Law Office of Jacob A. Rudman have the knowledge and experience necessary to protect your rights. Because of this experience and knowledge, we will find the best possible outcome in your case.
In New York, you will face severe penalties if you refuse a breath test or chemical test. These penalties include fines and a mandatory license revocation.
At the conclusion of a refusal hearing, the judge will make a determination as to whether or not you knowingly refused a breath test or chemical test. The evidence at the hearing can be used against you in the criminal case. However, the opportunity to cross-examine the police officer who arrested you will provide important information for the criminal case brought against you.
We Can Protect Your Rights During a Refusal Hearing
Our lawyers understand how the DMV conducts refusal hearings. We know what steps to take to protect your rights. We will cross-examine the arresting officer and challenge his or her testimony. In addition, we will also question if the police officer explained your rights to you and if you understood your rights before refusing to take the breath test or chemical test.
It is important to work with an experienced law firm if you refused a breathalyzer test or chemical test. We have more than 40 years of experience defending drivers in criminal matters and refusal hearings.
Contact Our Law Firm
We represent clients throughout Nassau County and Suffolk County.
Call us today at (516) 450-5095 or contact us online. We will help you.