DMV Refusal hearing:
VTL 1194 (2) (c) : the hearing is limited to the following issues:
1. did the police officer have reasonable grounds (PC) to believe that such person had been driving in violation of any subdivision of VTL 1192?
2. Did the police officer make a lawful arrest ?
3. was such person given sufficient warning, in clear and unequivocal language, prior to such refusal that such refusal to submit to such chemical test or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made.
4. did such person refuse to submit to such chemical test or any portion thereof?
Was the refusal persistent?