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Home  /  DMV Refusal Hearings

DMV Refusal Hearings

Westchester (NY) Aggressive DWI Attorneys

The White Plains, NY DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide comprehensive, effective representation to all clients charged with Driving While Intoxicated (DWI) in the New York area. We not only represent our clients at their court appearances, we counsel them regarding ALL potential consequences.

New York DMV Refusal Hearings

If a client refuses to submit to a chemical test (usually the breathalyzer), a New York State Department of Motor Vehicles Refusal Hearing will be scheduled after arraignment. This hearing is part of an administrative process separate and apart from the pending criminal charge. The NY DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC appear with their DWI clients at these hearings in order to protect their interests and challenge the testimony of the arresting officer.

Issues to be Resolved at the New York State DWI DMV Refusal Hearing

Only four issues are at issue at a New York State Department of Motor Vehicles Refusal Hearing:

  • 1) Did the police officer have reasonable grounds to believe that the driver was operating a vehicle in violation of any subdivision of the DWI statute;
  • 2) Did the police officer make a lawful arrest;
  • 3) Was the driver given sufficient warning, in clear and unequivocal language prior to refusing that his/her license would be suspended and ultimately revoked if he or she refused; and
  • 4) Did driver refuse to a chemical test.

The four issues above may not seem to place such a high burden on the police officer. However, the attorneys at the Law Offices of Thomas L. Gallivan, PLLC have successfully challenged the testimony of officers at these hearings, and thereby spared clients from suffering the immediate revocation of their driver’s license. Inaddition, it is important for client to know and understand the difference between a breath test (Alco-Sensor) and a chemical test (breathalyzer).

Contact Us

If you have been charged with Driving While Intoxicated (DWI), Aggravated Driving While Intoxicated (ADWI), or Driving While Ability Impaired (DWAI), please contact the New York DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC for a free consultation.

We will take the time to explain the process, as well as the potential consequences of the case. We are available to meet at any of our three conveniently located offices in White Plains, Manhattan or Uniondale.

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  • Breath Test (Alco-Sensor) v. Chemical Test (Breathalyzer)

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CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

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245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Toll Free:
(855) 228-7369

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Toll Free:
(855) 228-7369

Fax:
(516) 394-4229

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