15 NYCRR DMV Refusal Hearings

This is the translation of “what part 124 of title fifteen of the codes, rules and regulations of the state of New York” You have to ask yourself, why don’t they just spell it out and make it easy:

  • 15 NYCRR 124.1 (b)New-York-Department-Motor-Vehicles-Kangaroo-Court-System-Read-all-about-it
  • 15 NYCRR 124.2 (b)
  • 15 NYCRR 124.4 (a)
  • 15 NYCRR 124.4 (b)
  • 15 NYCRR 124.4 (c)
  • 15 NYCRR 124.4 (d)
  • 15 NYCRR 124.4 (e)

§ 124.1  General procedure; opening statement

(b) At the beginning of each hearing calendar, the administrative law judge shall make an opening statement to all motorists informing them of hearing procedures and advising them of their rights. Such statement shall be given in such form as the director of administrative adjudication may prescribe and shall include information concerning the order in which the proceeding will be conducted; adjournments; the burden of proof on the people to prove the charge by clear and convincing evidence; the right to the assistance of counsel or other representative; the right to remain silent; the right to present evidence and witnesses in his or her own behalf; the right to cross-examine adverse witnesses; the right to appeal from an adverse determination; and such other matters as the director may prescribe.

§ 124.2  Right to representation and to remain silent

(b) The motorist shall be informed of the right to counsel and the right not to testify. No negative inference will be drawn from the exercise of the motorist’s right not to testify.

§ 124.4  Conduct of hearing; procedure; recusal

(a) The administrative law judge will call the police officer, the motorist, and the attorney or other representative, if any, to the dais. After the charge is read, the police officer will testify. The burden of proving the charge rests with the police officer, who has the obligation to present evidence which is sufficient to establish each material element of the charge by clear and convincing evidence. Other testimony in support of the charge may then be given.

(b) The administrative law judge may question the police officer for the purpose of clarifying evidence already presented; leading questions addressed to material elements of the charge which have been omitted from the police officer’s testimony may not be asked.

(c) After the people’s case has been presented, the motorist may then testify on his or her own behalf and call witnesses. Any person who testifies may be examined by the administrative law judge and cross-examined by the adverse party. All testimony shall be given under oath or affirmation. The administrative law judge may exclude any witness, except the motorist or police officer, during the testimony of another person. Documentary evidence may be introduced by any party.

(d) When the administrative law judge has received all of the evidence, the police officer and motorist or his or her representative may make a closing statement. The administrative law judge will then consider all the evidence in the record and announce whether or not the charge has been sustained by clear and convincing evidence.

(e) The motorist may request recusal of a presiding administrative law judge. The request and the reason for it must be stated to the presiding administrative law judge at the commencement of the hearing or as soon after the beginning as the motorist receives information which forms the basis for such request. An administrative law judge’s denial of a request for recusal is appealable provided a hearing determination is subsequently made which is appealable by the requestor to the Traffic Violations Appeals Board pursuant to Article 2-A of the Vehicle and Traffic Law.

How can you find this information? Buffalo and UB have some good law libraries, if you are a tax paying citizen, its your right. Also your local county courthouse may also a library available. Utilize the staff available if you have questions when it comes to where to finding stuff, they can be extremely helpful.

UPDATE: These “rules, regulations and codes” are starting to find there ‘way’ to the internet. You can now find them by going to www.dos.ny.gov/info/nycrr.html then clicking the “VIEW THE UNOFFICIAL NYCRR ONLINE HERE »” You would think with today’s technology that your state would make the “OFFICIAL VERSION” available for all New Yorker’s to review with the amount of taxes they pay.