New York man must face hearing for breath test refusal

| Feb 7, 2014 | Breath Test Refusal

When you are driving on public roadways, you have to make sure that you are following all traffic laws and driving in a responsible manner. There might be some instances in which you don’t drive in a straight line or that you fail to follow posted traffic laws.

When those instances occur, someone sharing the roadway with you might assume that you have had too much to drink prior to getting behind the wheel of your vehicle. For one man, swerving on the Kensington Expressway in Buffalo, New York, led a New York State trooper to believe the man was driving while intoxicated.

The man, who happens to share the same first and last name of the mayor of Buffalo, was driving a pickup truck on the expressway. A trooper initiated a traffic stop after the pickup truck was seen swerving across three lanes of the roadway. The 49-year-old driver refused a breath test and failed roadside sobriety tests.

As a result of the stop, the man will have to have a hearing before the Department of Motor Vehicles for refusing the breath test. He is scheduled to appear in Buffalo City Court and was issued traffic tickets.

Choosing not to take a breath test in New York can have serious consequences, as can traffic tickets related to driving under the influence. Before this man goes to court or has his hearing at the D.M.V., he may want to speak with a legal professional who has experience in defending against drunk driving charges to learn his rights and responsibilities. He may also learn how he should handle the hearings, so that the consequences might be minimized.

Source: The Buffalo News, “Swerving truck leads to DWI arrest on Kensington Expressway” No author given, Feb. 05, 2014