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 are some of the strategies or some of the challenges that you face in a refusal hearing?

Michael Kramer: The main reason to participate in a refusal hearing is to discover as much as you can about the case against your client if you’re going to contest the case or even going to consider contesting the case. Also, if the hearing actually proceeds, everything the police officer says will be transcribed, and I will get an opportunity to cross examine the police officer and probe for weaknesses in the case.

Interviewer: How long could a refusal hearing potentially last?

Michael Kramer: 20 minutes to a half hour. It depends on the number of the police officers involved and the complications of the case. Usually 20 min. to 1 hour.

Interviewer: As far as the whole process goes, how long would that take, from getting arrested and then contacting you?

Michael Kramer: Once you’re arrested, and you go to court, you leave court on that first occasion with two dates. One date is a date to come back to court, and another is for a refusal hearing, which must be granted within 15 days of that first court date. Your license would be revoked at the very first court appearance pending that refusal hearing.

Interviewer: What happens to someone if they lose a refusal hearing? What are some of the penalties?

Michael Kramer: For a first arrest, you have to pay a $500 civil penalty to the Department of Motor Vehicles, and their license is revoked for one year.

Interviewer: What would happen if they get caught driving again without a license?

Michael Kramer: You are charged with another misdemeanor. Then, if convicted, you could face mandatory jail or probation.

Michael Kramer, Esq.

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