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Can a Refusal Hearing Be Postponed in New York?

If you have refused to take a Breathalyzer test in New York, you will be required to go to a refusal hearing in front of an Administrative Law Judge. These hearings are automatic. It does not matter if you have been formally charged or convicted of a DWI. Simply refusing to take the chemical test will trigger a refusal hearing with the Department of Motor Vehicles to determine if your license will be revoked.

When and Where Will Refusal Hearings Be Held?

Normally, refusal hearings are scheduled within two weeks of your DWI arrest in New York and you will be required to attend. Every driver charged with a refusal to take a Breathalyzer test when requested by a police officer has the right to an attorney. You should make sure to prepare with your attorney ahead of the hearing. The hearing will be held in front of Hearing Officers, also known as Administrative Law Judges.

Refusal hearings are held in the local Department of Motor Vehicles (DMV) office. In Nassau County, the biggest DMV office is in Massapequa at 927 Carmans Road. You will be told which DMV office your hearing will be located. It will usually be determined according to where your arrest took place.

Postponing Your Hearing

Usually, it is best to try to attend your hearing when it is originally scheduled. However, if you have a good reason to adjourn (or postpone) the hearing, you can apply to have it rescheduled. To attempt to be given an adjournment, you must contact the Hearing Officer responsible for your particular hearing, or contact the New York Safety Hearing Bureau or the Division of Vehicle Safety.

There are three requirements that must be met in order for your postponement request to be approved:

  • The DMV must receive your request at least 7 days before the original hearing is scheduled.
  • You have not asked for a postponement before.
  • Your request has a good cause.

A request to adjourn the refusal hearing for a later date is completely discretionary. That means that postponement is not guaranteed. However, if your reason is real and urgent, requests may be approved.

If your postponement is approved, another hearing will be scheduled. This date cannot be changed. Approving your adjournment does not lift the suspension of your license. The suspension pending the results of the refusal hearing continues until an Administrative Law Judge hears your case. Additionally, any added suspension time will not be credited towards any revocation period ultimately imposed by the DMV for the chemical test refusal because you requested the delay.

Get the Support You Need at Your Hearing

Although you can attend these hearings alone if you prefer, it is very helpful to have an attorney to present your case. There are only very limited ways to avoid having your license revoked after refusing a chemical blood alcohol test in New York. Only an experienced DWI lawyer will know how to fight for your case in a way that gives you the best possible chance to keep your license.

Contact Us

If you refused a Breathalyzer test in Nassau County and risk having your license revoked, contact me, Jason Steinberger, at 718-585-2833 to discuss your options. I have years of experience as a DWI lawyer and will fight for the best outcome to your case. Contact me anytime for a consultation on your case, free of charge.

Domestic Violence Laws in NY

Although people typically think of domestic violence as physical violence between two adults in an intimate relationship, the truth is that its parameters are much broader. Domestic violence cases can involve different types of abuse beyond just physical, including emotional, financial, sexual, and psychological abuse. In addition, a case of domestic violence can be abuse directed towards anyone with whom an individual has a personal relationship, such as a spouse, child, roommate, or sibling.

Possible Consequences of Being Convicted of Domestic Violence

If an individual is accused of domestic violence, the consequences may be severe. There is potential for jail time as well as fines if the individual is convicted. In addition, a restraining order may be filed against the person convicted of domestic violence resulting in subsequent penalties and restrictions. Ultimately, severity of the penalties is assessed on a case-by-case basis and the outcome depends on the severity of the abuse. It is possible, in a domestic violence case, to be convicted of a misdemeanor for assault resulting in up to a year in prison and a fine of up to $1,000. However, if the alleged crime is serious enough, the defendant can be charged with a felony, leading to up to 15 years in prison and a fine of up to $5,000.

The Integrated Domestic Violence Court

In New York, as in most states, domestic violence cases are not taken lightly. In fact, there is a special court, the Integrated Domestic Violence (IDV) court, which deals specifically with domestic violence cases. There are also special unit teams in law enforcement that deal specifically with these cases. The purpose of the IDV court is to give individuals who are victims of domestic violence an easy, one-judge method for resolving their difficult situations. The majority of the cases that the IDV court handles deal with familial cases, especially regarding custody or visitation of children.

False Accusations

Because domestic violence cases can result in an individual losing custody or visitation of children and/or having a restraining order filed against him or her, the nature of the alleged abuse is frequently misrepresented by the accuser. Some may see a domestic violence accusation as an easy way of distancing themselves from the accused, or attaining some other benefit, such as full custody of a shared child or children. Many people, including some judges, tend to take sympathy with the supposed victim in the case, even though it is entirely possible that the accused is the actual victim. Additionally, facts may be embellished, and the context and/or complexity of situations may not be fully conveyed.

Contact Us Today

Because of the possibility of fabrication or misrepresentation, it is important for someone who has been charged with a domestic violence case to seek legal counsel. As mentioned, the consequences of being convicted of a domestic violence case are serious and may have long-term effects, so it should not be dealt with lightly, even if you are certain that you are in the right. Call me, Jason Steinberger, at 646-256-1007 if you have been accused of domestic violence in Nassau, and I will be happy to represent you with your case. I have experience in helping clients navigate the complex laws involved with these sorts of cases and I will provide that same service for you. I can be reached anytime, 24/7, and will provide you with an initial consultation, free of charge, to help you understand your basic options.

Understanding the Ignition Interlock Device in New York

If you have been arrested on or after November 18, 2009, for driving while intoxicated (DWI) in New York and you are convicted, you will be required to install an ignition interlock device (IID) in any vehicle that you own or commonly operate for a minimum of at least 6 months. The IID is a preventative measure to assure that you do not drink and drive.

How It Works

An IID is a device installed in your car that you must blow into in order to start the ignition. The IID measures your blood alcohol level and will only permit the car to start if your breath sample falls within legal limits. After the initial sample required to start the vehicle, you will be required to give another breath sample within 5-15 minutes. While you are driving, you will be submitted to random rolling tests every 30 minutes.

If your BAC is above the legal limits during the initial test, your vehicle will not start. The IID will ask for a retest within the next 5 to 15 minutes. If that retest fails or is missed, your vehicle will not work until you get it serviced. Your vehicle will become inoperable if you do not submit the device for servicing within 5 days.

If you fail or miss a retest while driving, the IID will cause the horn to sound repeatedly and the headlights to flash until the vehicle is turned off.  Once the vehicle is turned off, the IID will not allow you to restart the vehicle without taking another initial breath test. If you miss three retests in a row, your car will become inoperable, and you will have to get the device serviced.

Installing an IID

Once you have been convicted of a DWI, you will be required to install the IID within 10 business days of sentencing and provide proof of its installation to the court, county probation department, and/or any other designated monitor. You will not be allowed to drive any vehicle without an IID after sentencing, so if you plan to drive home from court, you need to have the IID installed prior to receiving your sentence. Failing to report the installation of the IID within the time limits can lead to a harsher sentence.

You will be personally responsible for the costs related to installing and maintaining the IID in any vehicles that you own or operate. The cost of the IID for the minimum period of 6 months can range from $600 to $800. It can cost even more. The costs related to the IID are in addition to any fines, surcharges, or other costs imposed by law.

Operating any vehicle without an IID after sentencing will be against the law for the entire time you are required to have an IID in your car. The only exception to this rule may be employer-owned vehicles when pre-approved by the courts. You will be guilty of a Class A misdemeanor if you request, solicit, or allow another person to blow into your IID for you; tamper with or bypass the IID; or operate any motor vehicle without an IID.

Contact Us

An IID can be a difficult and frustrating device to have to deal with, but you can mitigate the effects. However, before the DWI conviction is the best time to deal with the problems posed by an IID. If you have been charged with a DWI in Nassau County, consider calling me, Jason Steinberger, at 718-585-2833 to discuss your options. I would be happy to represent you in your DUI case. You can contact me 24/7 for a free consultation.

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