New NYS Repeat DWI offender regulations questions

Latest post Wed, Apr 19 2017 12:19 PM by Punching Bag 56. 1,522 replies.
  • Fri, Dec 19 2014 3:02 PM

    • johnwalt
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    New NYS Repeat DWI offender regulations questions

    In 2012 when Cuomo came up with his "emergency regulation" the DMV website said 5 DWI's in your lifetime got you permanent revocation. Now (since Vince's Law ?) the DMV website says 3 or more in 25 years gets you permanent revocation. Does this mean since I had 2 within 25 years and 3 over 25 years ago I can now apply for my license ? John

  • Mon, Dec 22 2014 7:35 AM In reply to

    • M W
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    • Joined on Thu, Jul 25 2013
    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    Vince's law means that if you get 3 dwis within 15 years it's s a class d felony. If you've had 5 in your lifetime its permanent revocation. If you get 3 within 25 years it's a 5 year revocation plus an additional 5 year conditional license only. If you get 3 dwi plus a fatal accident, 2 penal code violations, or accumulated 20 points on your license it's also a permanent revocation.

  • Fri, Jan 2 2015 7:42 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I see this is back up and running once again. Any news out there? Last I haerd Eric Sills has Filed his lawsuit, hopefully good news down the road.

  • Sat, Jan 3 2015 12:03 AM In reply to

    • M W
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    • Joined on Thu, Jul 25 2013
    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    I am in the same boat as all of you on here. I don't want to be pessimistic but I highly doubt these regulations will be changed by the court. In in a bad mood right now as I'm sure all of you are! I'm sorry for not being optimistic but I really doubt that the regulation will be changed.

  • Sat, Jan 3 2015 10:50 AM In reply to

    • Myseason1
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    Re: New NYS Repeat DWI offender regulations questions

    Hello All, I was about to post something on the original forum and the reply option was not available. Was the original forum shut down. I do see every post has a lock on it. Is this forum a continuation of the old (which had 67 pages) or did someone (johnwalt) start this new? Please advise.

  • Sat, Jan 3 2015 11:18 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    This is the new one, someone made fun of the DMV commisioner son so they shut down the other one....

  • Sat, Jan 3 2015 8:50 PM In reply to

    • johnwalt
      Consumer
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    • NY
    • Posts 6

    Re: New NYS Repeat DWI offender regulations questions

    When I couldn't reply to the old one I wrote to "sitehelp" but didn't get an answer so I started a new one. Seems odd it was locked at exactly 1,000 replies, maybe there's a limit ?

  • Sun, Jan 4 2015 1:40 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    TO: JohnWalt....................

    by the way if you only have 2 dWI's in 25 years you should have your license? Dont see whats holding you back?

     

  • Sun, Jan 4 2015 1:42 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    By The Way the DMV commisioner(Fiala) retired on Tuesday.........maybe things will change a bit?

  • Mon, Jan 5 2015 8:20 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I just have a couple of comments for the group. I read the Sills brief. He indicates that it was proposed that Vince's Law should have a 25 year look back but it was decided in 11/14 that it will have a 15 year look back. He makes the point that when put to a vote, both demonstrated with Vince's Law and Charlotte's Law the people do not think a look back greater than 15 years is just. So this is good news for some. Also, today I reviewed the Appellate court callender. They have posted the cases to be heard through 1/16 but nothing is on the callender after that date. Our matter is not listed yet. So, maybe this will be heard in just a couple of weeks?

  • Mon, Jan 5 2015 1:33 PM In reply to

    • M W
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    • Joined on Thu, Jul 25 2013
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    Re: New NYS Repeat DWI offender regulations questions

    Hello Phil, does Eric Sills think there is a possibility that it will be overturned?

  • Mon, Jan 5 2015 2:19 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    He does seem very optimistic that it will be. A year ago he said that this would take time and it sure has. I read his 70+ page brief. I think if any logically thinking person were to read this they would have to believe he will win. His arguments are very well supported. The DMV wanted stricter rules and they got them with Vince's and Charlotte's Laws in 2014. I have to wonder how much fight does the DMV/Coumo/ and Fiala have left in them. Coumo already got re-elected so what does it matter to him now. Fiala retired so it shouldn't matter to her anymore or whoever follows her. (and btw I was reading an article about Fiala today that indicated just weeks after her son got his DWI she was ticketed for going 47 in a 30). NYS has the toughest DWI laws in the country so they win there. So, I have to wonder when the team of DMV attorneys shows up for these upcoming hearings, how hard do they want to push this. Maybe they knew 2 years ago that they would loose this one day but knew no lower court judge would have the guts to rule against Coumo. As I understand this the Appellate court judges do what is right and are not politically influenced.

  • Mon, Jan 5 2015 2:24 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Last I heard he was optimistic................

  • Mon, Jan 5 2015 2:49 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    To Phil - thats how im reading this, either way he wins(Cuomo) hey i was tough on DWI by passing these crazy regs but then if it is overturned, he(cuomo) can say it wasn't me that overturned the regs, it was the court......we tried. Politics that has ruined many folks lives.......what a shame!!!!

  • Tue, Jan 6 2015 11:44 AM In reply to

    • M W
      Consumer
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    • Joined on Thu, Jul 25 2013
    • NY
    • Posts 95

    Re: New NYS Repeat DWI offender regulations questions

    Hello Phil, what does the 70 page document sound like? Are there any things you can share about it?

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