Anthony M. Salerno

Attorney At Law

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Anthony M. Salerno

Attorney At Law

Seeking guidance before a hearing for a chemical test refusal

On Behalf of | Oct 6, 2017 | Drunk Driving

Staring down accusations for driving under the influence of alcohol can be a stressful and daunting experience. If recently involved in a traffic stop, which led to accusations of intoxication, you might have felt somewhat intimidated by the process and uncertain of what to do.

If asked to provide a toxicology sample, you might have chosen to decline a chemical test, which likely led to an immediate suspension of your license. However, if you maintain your innocence and wish to challenge this decision, you may be in search of guidance on what comes next.

Appealing a license suspension

Perhaps you consider your driving privileges to be of the utmost importance and feel as though a suspension is unwarranted. You have the right to a hearing, and if you choose this route, some crucial aspects to keep in mind may include the following:

  • Time frame: If you wish to pursue reinstatement of your license through a hearing, you will have to present yourself to the specified location within 15 days of the refusal of the test.
  • Witnesses and evidence: When you attend this hearing, if you have any evidence that you wish to present, or statements from witnesses, you will want to have them in hand before proceeding.
  • Traffic stop: There are only a few aspects of the process that you can challenge at these hearings, such as whether the arresting officer had reasonable suspicion to suspect intoxication, and gaining an understanding of these before entering the process is advisable.
  • Challenge a determination: Perhaps you have already gone through this process and wish to challenge the determination thereof. You can seek a hearing with a district court, and if the judge rules in your favor, you may be able to retain your driving privileges.

With little to no experience in the area, you might feel as though you have an uphill battle ahead. Regardless of which step of the process you face, it may be in your best interests to seek guidance from someone with extensive knowledge in Massachusetts state drunk driving laws before moving forward.

Obtaining advice and assistance

Perhaps you rely on your vehicle to make it to school or work, and a disruption in your ability to drive due to allegations of intoxicated driving could prove devastating. You may wish to protect this area of life at all costs, but with numerous crucial factors to consider, the process can be overwhelming. You could speak with someone with experience in handling such intricate matters, which may help you gain an understanding of what to expect, as well as the best course of action to take to protect your driving privileges.