You are facing a license suspension that is seperate from the criminal case and potential use of the refusal against you in the criminal case. Whether it was a bad idea to refuse depends on what the result would have been. You should let your lawyer know about the refusal hearing as he/she may want to attend and question the officer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
You need an attorney. Your license is at risk for 1 year.
It is also evidence that can be used in your criminal case.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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.
Refusal is serious. Is it bad? Or good?
It all depends. You really want a DUI/DWI lawyer in your area to help you with this and the trial itself, assuming you did get a DWI charge. . You can lose your license before you even get to court. http://addbalance.com/duitendaywarning.htm
The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm
What to do if you are stopped when you have been drinking?
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
You'll be fine. Call an attorney
Former Suffolk Prosecutor
This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com
There are alot of factors that go into assessing whether or not it was "bad" to refuse. The fact is that you have an allegation of a refusal against you and you are facing a hearing in which you could lose your license. It is very important that you hire an attorney to appear at the hearing as they can try to save your license and it is also an important step in which the attorney can subject the arresting officer to cross examination before the prosecutor is likely to have even spoken to him.
This is a specialized and technical hearing and if you lose the DMV revokes your driving privileges. You should retain counsel immediately to represent you at the proceeding.
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