N.Y. Comp. Codes R. & Regs. tit. 15 § 139.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 139.3 - Court procedure upon arraignment

(a) Upon arraignment of a defendant under arrest for any violation of section 1192 of the Vehicle and Traffic Law the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the license or permit to drive and any nonresident operating privilege of the defendant.

(b) Upon arraignment of a defendant under arrest for any violation of section 49-a of the Navigation Law, the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the defendant's privilege to operate a vessel.

(c) Upon arraignment of a defendant under arrest for any violation of section 25.24 of the Parks, Recreation and Historic Preservation Law, the court shall, upon the basis of the police officer's report of refusal, temporarily suspend without notice the defendant's privilege to operate a snowmobile.

(d) Upon arraignment under either subdivision (a), (b) or (c) of this section, the court shall complete a temporary suspension and notice of hearing form (adding the location and the next available hearing date and time, as provided by the commissioner), and give the appropriate copies to the defendant and the police officer. Within 48 hours of the arraignment, the court must forward copies of both the refusal report and the temporary suspension and notice of hearing form to the commissioner, and in the case of an arraignment for violation of Navigation Law, section 49-a or Parks, Recreation and Historic Preservation Law, section 25.24, the court must forward an additional copy of the report of refusal to the Commissioner of Parks, Recreation and Historic Preservation. Timely submission of the refusal report to the Commissioner of Motor Vehicles may not be waived even with consent of all parties.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.3