Maswick Wins DWI Refusal Hearing for Client
James L. Maswick, an attorney with Flink Maswick Law PLLC in Lake Placid, recently prevailed in a DWI refusal hearing on behalf of a client. The client was alleged to have refused to take a breathalyzer when the New York State Police allegedly had reasonable cause to suspect that he had been operating a motor vehicle while intoxicated. Jamey use the New York State Trooper's own documents, which the New York State Trooper signed under penalties of perjury, to note significant inconsistencies in what the Trooper was saying at the hearing versus what he had written down and signed months prior to the hearing, on the day of the arrest.
The Administrative Law Judge presiding over the hearing, after the Trooper completed testifying and after completion of cross examination by Jamey, granted our client's motion to dismiss the matter entirely. The Judge found that the four issues that must be maintained to cause a refusal to take a chemical test to be properly found were not met by the Trooper who had the burden of proof.
This avoided significant and serious driver's license ramifications for our client.
If you or someone you know has a DWI case that involves a refusal, please don't hesitate to contact our office. We have years of experience in defending these types of case in a variety of ways.
Contact info
Lake Placid Office:
2577 Main Street
Lake Placid, New York 12946
Lake Placid Number:
Fax: 518-523-2442
Capital District Contact Info
43 British American Boulevard
Albany, New York 12110
By Appointment Only