Q: What are the issues at a refusal hearing?
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- New York
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A: At a refusal hearing, the issues are as follows: First, did the police officer make a valid stop of your vehicle; Second, were you issued clear and unequivocal warnings about your refusal to take a chemical test of your blood, breath or urine; Third, did you "persistently" (more than once) refuse to take a chemical test. If the administrative judge finds clear evidence on those three issues, you will be be found to have refused a chemical test.
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