Refused pbt. Asked if I could call lawyer. I couldn’t get ahold of him. Officer then gave me ticket for pbt refusal, and failure to keep right. Said he wasn’t giving me DWI, told me to drive home
You probably got a lucky break, if you think you would have blown over the limit. The refusal will trigger a 12 month administrative suspension of your license from the DMV, so you're not driving. You have the right to a due process hearing before an administrative law judge, at which you can argue whether there was probable cause to conduct the breath test. There's also a $500 fine, and a driver's responsibility assessment.
You should make a mental note that the legislature is considering lowering the DWI limit even lower, so the best legal advice you can get on the topic is this: I wouldn't drive after consuming ANY alcohol. Its a good habit to get into.
All views expressed are general opinions and do not constitute legal advice. No attorney-client relationship is established unless and until a signed retainer has been executed by the attorney and the client. You should not rely upon any opinion expressed as legal advice and should seek the advice of an attorney of your own choosing.
Section 1194(1)(b) of the Vehicle and Traffic law requires "every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of [the VTL] shall, at the request of a police officer, submit to a breath test [PBT] administered by the police officer." Thus you are under no obligation to take the PBT unless you were (a) involved in an accident or (b) operating the vehicle in violation of ANY provision of the VTL. If he didn't give you a ticket for any other violation and you weren't involved in an accident, then you can argue to the judge that you were not required to take the PBT and the case should be dismissed. Good luck.
Mr. Tormey is a well respected, private attorney, who has been handling all types of criminal cases for over 28 years. He is a former prosecutor in the Manhattan D.A.'s office and the former Bureau Chief of the Special Investigations Bureau of the Special Narcotics Prosecutor's Office for the City of New York. He is a personable and easily approachable lawyer who knows that every case, no matter how big or how small, is important to each and every client. Any answers to questions are for general informational purposes only and do not establish an attorney-client relationship,
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