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Administrative Review Hearing in New York

Under New York law, whenever a license is suspended or revoked after refusing to submit or failing a chemical test, the driver can request a hearing with the department of motor vehicles to challenge the suspension. When a hearing is requested it must be held within 15 days of the request. However, the Court has ruled that “time limitations imposed on administrative agencies by their own regulations are not mandatory.” Matter of Dickinson v. Daines, 940 N.E.2d 905 (N.Y. 2010).  Until a hearing has been held, you able to retain your driving privileges with your DWI citation as a temporary license. If one does not request a hearing, it is a tacit approval that the charges are not in dispute and your license will be suspended.

At the administrative hearing, it will have to be determined that the police office made a lawful traffic stop. That is, that he had a reasonable cause to suspect that the driver was under the influence of alcohol or drugs; that the officer properly explained and made you aware of the implied consent laws in the state; if you actually refused to submit to a chemical tests; and if the resulting arrest was lawful.  Failure to establish only one of the above issues by the office will result in a full reinstatement of your license and driving privileges.

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