I had a DMV refusal hearing in Manhattan today. Officer didn't show up. I asked for an adjournment since I am studying for bar exam and had no time to find an attorney. Judge said she would suspend me if I adjorned so I went ahead with the hearing. Surprisingly she found me guilty and revoked my license. I need to drive to school to study, I need to help my parents I have a little brother. Is there a chance to appeal this thing and get my license back asap via a Stay? Is there a chance given that the officer didn't show up? How long does it take to get the stay? Thank you in advance
The judge didn't find you guilty; the judge found there was probable cause for the arrest and that the refusal warnings were properly issued. You cannot get the conditional license based on your refusal Your best chance is to hire an experienced DWI attorney to fight the charge
You can apply for a conditional license after your case is disposed of via a plea or a finding of guilt, assuming you haven't had a conditional within the last 5 years due to any alcohol related offense. Hire a lawyer experienced with NYC DWI cases ASAP.
I have practiced criminal law and personal injury law in New York City and surrounding counties for 14 years. The answers I provide are my opinions as to the question posed. It is not to be taken as legal advice. If you have been charged with any crime, consulting with an experienced criminal lawyer is always a good idea.
There is nothing surprising about the finding of refusal, because you did not hire an attorney. There is a good chance there is reversible error in the decision, although no one can tell you that for sure unless they review the record. And no lawyer is going to review the record unless you retain them to do an appeal. Which means that you will have to pay up front to retain counsel without even knowing what chance you have on appeal. So you have to be willing to spend for counsel knowing that you may lose the case in advance of knowing what your chances are. In other words, all the risk is on you. Or, you can just wait about another 11 months and get your license back.
Yes, you can file an appeal and ask for a stay while the appeal is pending. Now, just need a valid reason for the appeal. You should hire an experienced attorney rather than doing this on your own.
Hearings often go forward without the Officer because hearsay is permitted. You can appeal and sealed a stay. You have a better chance with a lawyer. I kept a stay in place for 18 months for someone who lost his license following a fatality hearing.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
So sorry for your situation. First, as a law student, you should hire an attorney immediately to deal with your underlying matter. Having a DWI conviction can impact your application to be admitted, and should be handled appropriately. Secondly, your results with your refusal hearing are unfortunately, typical. It is VERY difficult to beat a refusal hearing, especially without counsel. Having said that, there is the ability to appeal the findings as well as obtain a stay. I recommend you seek counsel that is well versed in handling refusal matters.
I am not your attorney, and it is highly suggested that you consult with one prior to making any decisions on your matter. This entry is my opinion only and does not constitute any legal advice whatsoever.
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