Opn. No.

John D. Doyle, Esq. County Attorney, Monroe County

You inquire whether a public defender is by statute authorized to represent a person at a Department of Motor Vehicles (DMV) license revocation hearing conducted under section 1194 of the Vehicle and Traffic Law. Secondly, you ask whether an indigent defendant has a right to appointed counsel at the hearing, thereby requiring the public defender to provide legal representation.

Under section 1194 (1) of the Vehicle and Traffic Law, a person who operates a motor vehicle in the State is deemed to have consented to a chemical test to determine…