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The DMV Refusal hearing is limited to the following issues: 1. Did the police officer have reasonable grounds (PC) to stop your car? 2. Did the police officer make a lawful DWI arrest? 3. Were you given sufficient warning, in clear and unequivocal language, prior to refusal that the refusal to submit to such chemical test would result in the immediate suspension and subsequent revocation of your license or operating privilege whether or not you were found guilty of the charge for which the arrest was made. 4. Was your refusal to submit to such chemical test persistent? Personally, I like Refusal cases because they offer opportunities to challenge the purely opinion evidence of intoxication. The opinion of the officer is an opinion based in bias. He or she will want to support their decision to stop and arrest you. Their instructing, demonstrating, and evaluating you on the Field Sobriety Tests or (Roadside Agility Maneuvers) can usually be shown to be unfair. If we can show you were coherent (understood the officer’s directions, instructions, questions) then providing other reasons for your bloodshot eyes, slurred speech (or impairment), and lack of balance create REASONABLE DOUBT in the minds of the jury as to your intoxication. The DMV refusal hearing is a great defense opportunity to get pre-trial discovery, cross exam the police officer, and start scoring points for your case. Law Offices of Lawrence Newman 607-229-5184 www.ithacadwi.com

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