Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What is the common scenario where someone refuses, at that point do they get arrested?

Michael Kramer: Just the opposite. There must be probable cause to make an arrest before a chemical test can be requested.

Interviewer: Once an arrest occurs, at that point a motorist would contact you. What information would you ask them to provide?

Michael Kramer: Basic facts of the case, a history, background history, lifestyle of the particular individual, how much alcohol, if any, was consumed, whether the police officer properly advised them of their DWI warnings or rights, whether the police officer asked them to take the test within two hours of the time they were arrested, and whether they have any prior record.

Interviewer: If someone had a condition like diabetes or something of that nature, should they inform you of that?

Michael Kramer: Anything that can affect a breathalyzer test or even a blood test is certainly relevant, and the whole medical history of the individual should certainly be gone into.

Reasons Why People Refuse Chemical Tests

Interviewer: What is one of the most common reasons you see that people have refused breathalyzers?

Michael Kramer: There are several:

  1. They have knowledge of the particular policy of the District Attorney’s office. If it is a first offense and there’s a chance they would blow a .16 or more, they would refuse the test if they were interested in a plea bargain to a lesser charge.
  2. If it’s a blood test some individuals are just afraid of needles.
  3. Many people refuse because they think it’s going to demonstrate a very high blood alcohol level.
  4. Many people refuse because they don’t trust the breathalyzer machine.

Interviewer: How does this relate to the DMV?

Michael Kramer: The legislature passes the law, and the DMV enforces the law.

Interviewer: When they have to go to the DMV for a hearing, would you say the refusal hearing is easier to win or more difficult to win?

Michael Kramer: Refusal hearings are rarely winnable, the main reason being the administrative law judge who hears these cases is not guided by the rules of evidence, works for the DMV, and although he or she professes to be objective, in reality, is not.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161