Arrested in Manhattan...It's Going to Be a While

I was recently retained by a person arrested in Manhattan at approximately 3:00AM Saturday morning.  As a New York criminal defense attorney, I am used to delays in producing clients for an arraignment.  But for the benefit of those of you not used to the delays, here is what to expect. New York County (Manhattan) experiences hundreds of arrests per day.  On the day in question, there were over 415 arrests.  Once arrested, a person is brought to the local police station.  From there, if the person does not qualify for a desk appearance ticket, he will be brought to central booking, processed, and interviewed by a city agency for the purposes of making a bail or ROR recommendation.  The police officer(s) making the arrest must speak with the Assistant District Attorneys in the complaint room to formulate the charges.  The charges are then drafted and filed (docketed) with the Court Clerk.  At that point, the case is ready to be called so long as the person is at the courthouse.

The point is that this is often a lengthy process and it is not uncommon for a person not be arraigned until the next day.  In my case, my client was arraigned at 12:45AM Sunday morning (the court operates till 1:00AM).  That's almost 24 hours from the time of the original arrest.  

Be sure to seek the services of a qualified New York criminal defense attorney to lead you through the maze of arraignment in Manhattan.  

 

The Consequences of Refusing to Submit to a Chemical Test (Refusing to Blow)

New York Criminal Defense Lawyer John Pettinella often represents clients who refuse to take a breath test or other chemical test in connection with a Driving While Intoxicated (VTL 1192.2, 1192.2a, or 1192.3 among others) or Driving While Ability Impaired (VTL 1192.1) charge. The machines often used are the Intoxilyzer in New York City or the DataMaster in Westchester County.

The question clients often ask is “What are the consequences of refusing to submit to the test”? In New York State, there are no criminal consequences, meaning you cannot be charged with a misdemeanor or felony for the refusal itself. There are, however, consequences to your pending Driving While Intoxicated or Driving While Ability Impaired case that result from a refusal.

Specifically:

1. The refusal can be introduced at trial as “consciousness of guilt evidence”.
2. Your license to drive or privilege to operate a motor vehicle in New York (if you are an out of state licensee) will be immediately suspended pending the prosecution of your case.
3. Pending a Refusal Hearing which is conducted at DMV offices, your license to drive may be separately revoked for a period of time irrespective of the outcome of your underlying DWI or DWAI case.

The arresting officer is required to properly warn a person of the consequences of refusing to submit to a chemical test. The chemical test itself is the result of either an onsite breath screening or following an arrest. If the person refuses, the Court is advised at the arraignment and the defendant’s license is immediately suspended pending a Refusal Hearing and/or the outcome of the case. The defendant is then advised of the Refusal Hearing date.

The issues surrounding a Refusal Hearing will be addressed in a separate article.

The above consequences beg the question, “Should I refuse to submit to the test or not”? This is a complex question that cannot be answered in a short article. As with all serious legal questions, you should contact a qualified New York Criminal Defense Attorney.