Court of Appeals – Motor vehicle license revocation hearing: Endara-Caicedo v. NYS Dept. of Motor Vehicles, et al.

New York State Court of Appeals

Motor vehicle license revocation hearing

Two-hour rule – Deemed consent to chemical test

Endara-Caicedo v. NYS Dept. of Motor Vehicles, et al.

No. 7

Judge DiFiore

Background: At issue is whether the two-hour rule in Vehicle and Traffic Law § 1194 (2)(a)(1) authorizing a chemical test to be taken from a motorist based upon deemed consent, is applicable to a Department of Motor Vehicles license revocation hearing held pursuant to Section 1194 (2)(c) after a motorist’s refusal to submit to a chemical test.

 Ruling: The Court of Appeals held that because the plain text of Section 1194(2)(c) specifically limits the subject matter of the revocation hearing to four enumerated issues and the evidentiary two-hour limit for a deemed consent scenario is not one of those issues, the two-hour rule is not applicable to a DMV revocation hearing.

V. Marika Meis for the appellant; Philip J. Levitz for the respondents.