Larkin Ingrassia & Tepermayster, LLP WINS NYS DEPARTMENT OF MOTOR VEHICLES ADMINISTRATIVE APPEAL

Prior results do not guarantee a similar outcome.

Larkin Ingrassia & Tepermayster, LLP WINS NYS DEPARTMENT OF MOTOR VEHICLES ADMINISTRATIVE APPEAL recently won an appeal filed with the New York State Department of Motor Vehicles (DMV) challenging a finding that his client refused a chemical test following a Driving While Intoxicated arrest. After a hearing conducted by a DMV Administrative Law Judge, the client's license was revoked for a period of one (1) year for refusal to submit to a chemical test pursuant to Vehicle and Traffic Law Section 1194. client was also subject to a Five Hundred ($500.00) civil penalty. Larkin, Ingrassia & Tepermayster, LLP subsequently filed an appeal with the DMV Administrative Appeals Board. Upon the review of written arguments, the DMV issued the following decision: "The evidence was not sufficient to support a finding that the (client) was driving in violation of any subdivision of Vehicle and Traffic Law Section 1192. The Refusal Report provides no information regarding observations of (client's) operation of a motor vehicle or of (client's) alleged intoxication. As there was insufficient evidence to support a finding that the arrest of the (client) was lawful, the determination should be reversed and dismissed". As a result, our client's full driving privileges were restored.