Safety Hearings

Administrative License Suspensions and Revocations in NY. Hearing Information.

Drivers who commit certain types of driving infractions in the state of New York may need to attend a safety hearing. A safety hearing is different from a criminal court case. A safety hearing takes place before an administrative law judge, and you do not have some of the protections that are afforded to you in a criminal case. Rules for evidence are more relaxed, motorists must answer the questions posed to them. The burden of proof is also lower than in a criminal hearing.

A safety hearing cannot result in your incarceration, but it can result in the loss of your license to drive. In fact, the very purpose of a safety hearing is to make a determination regarding whether you will be permitted to have a license to operate a motor vehicle. This means the stakes can still be high if you must attend a safety hearing because losing your right to drive a car can have a major impact on your future.

If your license is at risk and you need to attend a safety hearing to try to protect your right to drive, you should not go to your hearing alone. You have the right to be represented by a New York suspended license lawyer and you should exercise that right and have a lawyer present to help you try to protect your ability to drive a car.

It is very important that you work with an attorney who is familiar with the special rules applicable to safety hearings, as the process is different than criminal proceedings. NY Traffic Firm has extensive experience representing drivers during safety hearings and our legal team can help you to try to protect your future right to drive a car.

Give us a call as soon as possible when you are accused of any kind of traffic offenses or infractions that could lead to a safety hearing.

New York Laws on Safety Hearings

Rules for safety hearings in New York are set forth in Title 15, Chapter 1, Subchapter 1, Part 127 of the New York Code. The relevant laws within this subchapter detail the notice that must be given to a motorist of a safety hearing, the time and place of the hearing, and the rules for what evidence may be presented. The laws also detail what happens if you fail to appear and when you waive your rights as a result of your failure to appear.

Not every traffic law violation will result in a safety hearing. There are specific types of behavior that could trigger this type of hearing. You could be required to appear at a safety hearing as a result of:

• A fatal car accident: If you were involved in a fatal motor vehicle collision, you could be required to attend a safety hearing even if you didn’t face criminal charges for the accident.
• Potential fraud: If the Department of Motor Vehicles determines that you may have applied for a license using a different identity, or suspects that you otherwise engaged in fraudulent behavior, you could be required to attend a safety hearing.
• A breath test refusal: If there is probable cause to believe that you were driving under the influence of drugs or alcohol, New York’s implied consent laws require you to submit to testing to determine if you are unlawfully impaired. If you refuse to submit to a BAC test, this could trigger an administrative suspension of your license. After your BAC refusal, you could attend a safety hearing in which a determination is made regarding whether your refusal was justified or not.
• Conviction for three or more serious traffic violations in a 25-year period. If you are found guilty of committing three or more serious traffic violations over the course of 25 years, along with any other moving violation, you could face a license suspension and- in some cases- a permanent revocation of your license. A safety hearing could provide an opportunity to try to protect your license.

In a safety hearing, standards of evidence are more relaxed than in criminal proceedings and you cannot generally refuse to answer questions asked of you the way you could in a criminal trial. Your license could be suspended if a judge believes, based on a preponderance of the evidence, that the allegations against you are true. This is a lesser burden of proof than the beyond a reasonable doubt standard in a criminal case.

What Happens at a Safety Hearing?

While a safety hearing provides less protection for than a criminal hearing for traffic offenses, you still have the opportunity to be heard and you still could potentially protect your license. You need to be strategic about preparing for your hearing, presenting evidence and arguments appropriately, and answering questions in an appropriate way to try to protect your license.

NYC traffic ticket lawyer can help you to prepare for a safety hearing and can represent you during your hearing so you can try to fight for your right to keep your license and avoid losing the ability to legally drive. You need an attorney who is familiar with the administrative hearing process who can assist you in convincing an administrative law judge not to take your license away. His name is Simon Kabzan.

How a New York Traffic Ticket Attorney Can Help You

NY Traffic Firm has provided representation to many motorists at safety hearings. Our legal team knows the ins-and-outs of the administrative procedures and of the rules for presenting evidence and making arguments. We can help you to put forward the most convincing case possible. We can also provide you with assistance in appealing the outcome of a safety hearing if you get an unfavorable result.

There is a lot at stake when you could potentially lose your right to drive a vehicle. You need to be represented by an experienced attorney who is committed to being a dedicated advocate for clients accused of traffic offenses. Call today to speak with a member of our legal team to find out how our knowledgeable and experienced attorneys can put our lengthy history with fighting traffic cases to work for you.

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