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DWI 1205 form was never filed and DMV returned my license to me.Can cops still file a 1205 now that DMV gave me my license back?

Chester, NY |

The court/police station never gave me or sent 1205 refusal hearing form to DMV. The DMV has since sent me back my drivers license without any explanation.I called DMV and they said my license was suspended for 15 days but it is now valid. Will this help my DWI case? Also, will the cops/court still be able to file the 1205 form?It has been almost a month since getting my DWI. Thank you!

Attorney Answers 3

Posted

The clerk/court can catch up and fix the error however it is unusual. This was a mistake and you got the benefit so be careful. And hire an attorney to represent you as that makes it even easier.
Good Luck!

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.

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Posted

Since the refusal hearing is civil and the DWI (along with the citation for refusing) is criminal, the fact that no refusal occurred (for whatever reason) will NOT help in the defense of your criminal matter.

Depending on how much time has passed since the alleged incident took place, the police may be able to file a request with the DMV for a refusal hearing, but probably will not.

Best of luck!

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Posted

Refusal hearings, or lack thereof, will not have any bearing on the criminal case (but for if there was a refusal it “may” be admitted in the criminal case as evidence to establish culpability). If it has been so long, you certainly already have an attorney. You should be discussing these matters with him/her. If you don’t have an attorney get one ASAP.

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