New York City Driver’s License Suspension Proceedings Attorney
Under New York’s “implied consent” laws, if the police have reasonable suspicion to believe you are driving under the influence of alcohol, you are required to submit to a chemical test. A chemical test could be a breath test, blood test or urine test. If you refuse to take this test, your license will be suspended. You do have the right to an administrative hearing before the Department of Motor Vehicles (DMV) before the suspension is made final.
A skilled lawyer can make a major difference in the outcome of this hearing. The New York City driver’s license suspension proceedings lawyers of Goldberg & Allen can defend you in a DMV hearing and the underlying DWI charge.
Defending Your Rights in Civil and Criminal Proceedings
The DMV hearing does not offer nearly as many protections to defendants as a criminal trial. The evidentiary standard is reduced, and the ultimate decision as to your guilt will be made by an administrative judge, not a jury of your peers. With that said, there are still defenses to a license suspension hearing. We will examine whether or not there was probable cause. Under New York law, you have a limited right to seek legal counsel before you agree to take a chemical test. The police must inform you of the legal consequences of a test refusal. If they do not, the suspension may not be upheld.
In this hearing, we can ask the arresting officer questions about your initial stop and your arrest. If we are successful, we will be able to persuade the prosecution to dismiss your criminal charges. Even if the civil hearing is ultimately unsuccessful, we are often able to gain information that benefits our clients in later criminal proceedings.
Contact Goldberg & Allen Today — 212-766-3366
The earlier you enlist our law firm in the defense of your DWI charges, the more options you will have in your case. Call 212-766-3366 or email our attorneys today. We offer a free consultation to discuss your situation.