James L. Maswick, an attorney with Flink Maswick Law PLLC, recently was victorious in a New York State Department of Motor Vehicles Refusal Hearing on behalf of a client. Refusal Hearings typically occur when a motorist is arrested and alleged to have been operating their motor vehicle under the influence of alcohol or drugs, and allegedly refuses to provide a chemical test to the police upon proper request. This chemical test can take the form of a breath test, urine test, blood test, and/or a saliva test. In this situation, the client was alleged to have been operating a motor vehicle in an intoxicated condition and allegedly failed to provide a chemical test upon request of the arresting officers. However, Maswick and the client were successful, after three separate refusal hearing sessions, in eliciting testimony on cross-examination from one of the arresting officers, which indicated that the allegations made in the notifications filed with the Department of Motor Vehicles were inaccurate and impossible in light of the arresting officer's own testimony. Upon the start of the third DMV Refusal Hearing session on this matter, the Administrative Law Judge dismissed the case on the motion Mr. Maswick and his client made seeking dismissal of the matter, granting their motion.  If you find yourself in a similar situation, please do not hesitate to contact our firm at (518) 523-2441.