If the NY cop never informed me the extent to me refusing the breathalyzer, and arrested me after asking me two times, can i beat the suspension/DUI case?
Asked on 8/13/12, 7:16 pm
2 Answers from Attorneys
Stuart Austin
Austin Law Associates, PC
If the police ofc did not sufficiently apprise you of the consequences of a refusal to submit to the test than the revocation based on that refusal will not be valid and you will be able to get your license back
Answered on 8/13/12, 7:27 pm
Robert Evans
Robert S. Evans esq.
It will be a question of fact to be determined at the appropriate hearing. If you are able to prove that you inquired about the consequences of refusing the test and the officer failed to advise you of such then you will prevail at the hearing and retain your license pending trial.The burden of proof is on YOU.I can be located @nydrunkdrivingdefense.com or@7188340087for more info.
Answered on 8/14/12, 9:15 am
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