DMV Refusal and Safety Hearings

Notice: If you are needing to sue for damages or a victim of a crime please reach out to a civil attorney or the police.

The headquarters for the Division of Safety and Business Hearings is located in Albany, New York at the NYS Department of Motor Vehicles (DMV) Central Office. The Albany Division consists of support staff for the local Administrative Law Judges (ALJs) that adjudicate DMV administrative safety hearings throughout New York State, such as, Yonkers Hearings for Westchester based alleged “refusals” and other DMV related cases.

Cases heard include:

Chemical Test Refusal (“DWI Refusals”)

Held pursuant to Section 1194 of the New York State Vehicle and Traffic Law Chemical Test Refusal Hearings investigate the alleged refusal of the respondent to submit to a chemical test and to determine whether the respondent’s license and/or driving privileges should be revoked. It’s important to know that the chemical test refusal hearing is independent of the criminal court case.

During a traffic stop, the Law enforcement officer looking to administer a chemical breath test, is required to give the DWI Warning in the language of Vehicle and Traffic Law (VTL) Section 1194.2(c)(3):

“Refusal to submit to a chemical test or any portion thereof will result in the immediate suspension and subsequent revocation of your license or operating privilege whether not you are found guilty of the charge for which you were arrested.”

This requirement is set forth in the DWI hearing section of VTL 1194 (c) which reads:

(c) Hearings. Any person whose license or permit to drive or any non-resident driving privilege has been suspended pursuant to paragraph (b) of this subdivision is entitled to a hearing in accordance with a hearing schedule to be promulgated by the commissioner. If the department fails to provide for such hearing fifteen days after the date of the arraignment of the arrested person, the license, permit to drive or non-resident operating privilege of such person shall be reinstated pending a hearing pursuant to this section. The hearing shall be limited to the following issues: (1) did the police officer have reasonable grounds to believe that such person had been driving in violation of any subdivision of section eleven hundred ninety-two of this article; (2) did the police officer make a lawful arrest of such person; (3) was such person given sufficient warning, in clear or unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made; and (4) did such person refuse to submit to such chemical test or any portion thereof. If, after such hearing, the hearing officer, acting on behalf of the commissioner, finds on any one of said issues in the negative, the hearing officer shall immediately terminate any suspension arising from such refusal. If, after such hearing, the hearing officer, acting on behalf of the commissioner finds all of the issues in the affirmative, such officer shall immediately revoke the license or permit to drive or any non-resident operating privilege in accordance with the provisions of paragraph (d) of this subdivision. A person who has had a license or permit to drive or non-resident operating privilege suspended or revoked pursuant to this subdivision may appeal the findings of the hearing officer in accordance with the provisions of article three-A of this chapter. Any person may waive the right to a hearing under this section. Failure by such person to appear for the scheduled hearing shall constitute a waiver of such hearing, provided, however, that such person may petition the commissioner for a new hearing which shall be held as soon as practicable.

Excess Speed

Excess Speed (permissive suspensions and revocations) hearings are held pursuant to Section 510(3) of the New York State Vehicle and Traffic Law, to investigate a violation of Section 1180(b), an Excess Speed violation, and to determine whether said motorist’s license and/or driving privileges and/or any registration(s) should be suspended or revoked.

Fatal Accident

Fatal Accident hearings are held pursuant to Section 510(3) of the New York State Vehicle and Traffic Law to investigate a fatal accident, also to determine whether a motorist accident report (MV-104) was filed by respondent(s) pursuant to Section 605 of the New York State Vehicle and Traffic Law and whether the named respondent(s) registration, license and/or driving privileges should be suspended or revoked.

Junior Operator

Junior Operator hearings are held Pursuant to Section 510(3) of the New York State Vehicle and Traffic Law, for a misuse of junior operator’s privileges to determine whether said motorist’s license and/or driving privileges and/or any registration(s) should be suspended or revoked.

Medical Review

Medical Review hearings are held pursuant to Section 510(3) of the New York State Vehicle and Traffic Law to review the determination of the Medical Review Unit to suspend the respondent’s license pending the submission of an acceptable medical statement.

Persistent Violator

Persistent Violator hearings are held pursuant to Section 510(3) of the New York State Vehicle and Traffic Law, to investigate your habitual and/or persistent violations of the New York State Vehicle and Traffic Law and to determine whether your license and/or driving privileges and/or registration(s) should be suspended or revoked.

Repeat Alcohol / Drug Offender

Repeat Alcohol/Drug Offender hearings are held pursuant to Section 510(3)(a), 510(3)(d) of the New York State Vehicle and Traffic Law and 15 NYCRR Part 132 to determine whether your license and/or driving privileges should be revoked because of the alcohol/ drug-related convictions and serious driving offenses on your driving record.

Snowmobile Chemical Test Refusal

Snowmobile Chemical Test Refusal hearings are held pursuant to Section 25.24 of the Parks, Recreation and Historical Preservation Law to investigate the alleged refusal of the respondent to submit to a chemical test and to determine whether the respondent’s right to operate a snowmobile should be suspended.

Under 21 Chemical Test Refusal

Under 21 Chemical Test Refusal hearings are held pursuant to Section 1194-a of the New York State Vehicle and Traffic Law to investigate the alleged refusal of the respondent to submit to a chemical test and to determine whether said motorist’s license and/or driving privileges should be revoked.

Vessel Chemical Test Refusal

Vessel Chemical Test Refusal hearings are held pursuant to Section 49-A of the New York State Navigation Law to investigate the alleged refusal of the respondent to submit to a chemical test and to determine whether the respondent’s right to operate a vessel should be suspended.

Zero Tolerance

Zero Tolerance hearings are held pursuant to Section 1192-a of the New York State Vehicle and Traffic Law to investigate the alleged operation of a motor vehicle after having consumed alcohol under the age of 21 and to determine whether the respondent’s license and/or driving privileges should be suspended or revoked.

GET HELP NOW & PROTECT YOUR LICENSE

The importance of protecting and maintaining your driver’s license cannot be overstated. Losing the ability to drive can greatly impact a person’s ability to work or go to school. At Riebling & Payton, PLLC, we have the experience and knowledge to defend your case at the Yonkers DMV Refusal Hearing. We will Fight For You!

Call for a Free Consultation (914) 712-6878 and find out how we can help you.