I got convicted of a DWI on Jan 02, 2013 and plead guilty in court on the 10th. I went through all the necessary actions in order to get my license back, in which I was granted months ago. Roughly two weeks ago I get an intoxalock device out of my vehicle and the DMV sends me a letter the next day that I have a hearing for a chemical test refusal and they want to take my license away again. The letter came so late because the judge sat on the paperwork until recently. I know there's a certain amount of time for the judge to send the paper work into the DMV, so that is one issue. The second issue is that I refused to give a breath analysis at the scene for a bit then subsequently agreed to while the officer had my mother give me the test because I was uncooperative with the police. When I got to the station I did refuse their test though. Even if I took it, it would've been past the amount of time that is needed in NYS to conduct the test, (within two hours of arrest). I just got my license taken away at the DMV today, and put back on a conditional license. Was this a fair hearing?
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.