I was arrested following a motor vehicle accident. I was offered a blood test which I refused. At the refusal hearing the judge found that the officer did not have sufficient reason to request the test. Can I now use that decision in my upcoming criminal hearing. I was offered probation but not sure what to do now.
Criminal Defense Attorney
Unfortunately, the decision is not binding. However, the facts determined at the DMV hearing may be helpful at the criminal court hearing/trial. Be sure to order the transcript!
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Criminal Defense Attorney
The police are not usually represented by counsel at these hearings so no. However, you should order the transcript in case the police give inconsistent testimony.
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The DMV hearing and the criminal case are two separate entities, with one technically having no impact on the other. However, the testimony given by the officer at the DMV hearing before he had a chance to get prepared by the DA could prove useful down the line. Make sure you or your lawyer orders the transcript and reads it before any hearings in the criminal case, it might provide good material for cross examination. A good showing at the criminal hearing could lead the DA to give you a better deal.
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