Ithaca Attorney When is a DWI Refusal a Refusal?
Channel: Cyr & Associates
Date: 2012-03-14

http://www.ithacadwi.com
 
When is a refusal a "true" refusal? So often people call me, and don't even know if their DWI case is a refusal case. This video explains a few ways refusals are decided and charged by the police.

The Chemical Test Refusal DWI Case is unique for a number of reasons. 

First the positives of the refusal case:

1. The prosecutor can only charge VTL 1192 (3), "Common Law" DWI. 

2. The prosecutor usually only has one main witness, the arresting officer. 

3. The prosecutor must prove that "you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver." 

4. They must prove this legal burden of "intoxication" beyond a reasonable doubt based upon the police officer's observations, and field testing, if any.

5. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor.

Second, the two main negatives of the refusal case:

1. You will have NO license of any type (conditional or hardship) while your criminal case is pending. NOTE: unless you win at the administrative refusal hearing (unlikely) or the officer does not show for the hearing and it is re-scheduled.

2. The jury will get an instruction from the Judge that they may infer a Consciousness of Guilt from your choice to not take the chemical test.

Talk with Criminal Defense Lawyer before you go to Court or your refusal hearing.

Read my blog, "Why I Love DWI Refusal Cases" here:

http://ithacadwi.blogspot.com/2009/10/why-i-like-new-york-dwi-refusal-cases.html

For a Free copy of my new book, "How to Win Your NY DWI Refusal Case" click here

http://ithacalawyer.blogspot.com/

To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website http://www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call.

Criminal Defense Attorney Larry Newman
www.ithacadwi.com