New NYS Repeat DWI offender regulations questions

Latest post Fri, Jan 20 2017 2:34 PM by erickench. 1,291 replies.
  • Tue, Jan 6 2015 2:08 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    8 Points. 1) Supreme Court erred in holding that petitioner lacks standing to challenge certain of respondents new regs. 2) The Legislature has preempted the field of DWI Law in a manner that limits the discretion of other branches of gov to creatively expand the scope of the DWI Laws. 3) New regs violate the Separation of Powers Doctrine. 4) New regs are Ultra Vires. 5) New regs illegally conflict with existing statues. 6) Ex Post Facto. 7) Arbitrary and Capricious. 8) Supreme Court erred in deciding this case w/o holding a fact finding hearing.

  • Tue, Jan 6 2015 2:31 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Bear in mind that reading just the brief of one side will give you a one sided view of the argument. That's not surprising. The parties before the court are presenting those arguments, and the authorities supporting them, that will help reach the result they want. The briefs are therefore biased documents — they are biased in favor of the party submitting them. So, of course, if you read just the one brief, you'll be convinced it's a winner if the lawyer has done at all a good job writing it. But if you read the other brief, it may be just as compelling to a neutral reader (and if you are affected by these regulations, you're not neutral and are biased in favor of those seeking to overturn the regulations). The job of the appellate court is to weigh the arguments of both sides and decide, based on the law, which of them has the better case. I don't mean to suggest that the case against the state won't succeed; I'm just cautioning you that it may not be the clear cut case that the brief challenging the regs might make it appear to be.

  • Tue, Jan 6 2015 2:39 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Thanks for your insight....Captain Obvious. :)

  • Tue, Jan 6 2015 3:31 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    AsEric Sills Stated in his cover letter, This is the same court that shot down the NYC regulation on large portions of soda over the summer.

    The court said this against the soda Ban:

    "The focus must be on wether the challenge regulation attempts to resolve difficult social problems in this manner. That task, policy making is reserved to the legislative branch. That is policy making not rule making" 

  • Wed, Jan 7 2015 4:24 PM In reply to

    • M W
      Consumer
    • Top 500 Contributor
    • Joined on Thu, Jul 25 2013
    • NY
    • Posts 95

    Re: New NYS Repeat DWI offender regulations questions

    Do you think we actually stand a chance with this?

  • Wed, Jan 7 2015 5:08 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I actually do. Believe it or not Good men make the right decisions. It may take time, it may be unfair for awhile etc......but eventually Good men want to do the right thing, as long as politics is kept out of it. I like to believe that common sense does prevail.

    I dont disagee with getting tough on DWI, i disagree how they went about it. Going retro, was not a just thing to do and to hold up all those folks that thought they had thier license was more like Nazi germany. No due proccess your just screwed.

    They have the laws, the emergency was make believe(Phoney, DWI has been around since 1910).........anyone with any sense of decency can see this from a mile away as politically motivated. Thats why we have courts, to keep such things in check.

    Thats why we elect folks to pass laws and such. Just because one may think it moves to slow or it's not to his liking, tough ***, thats the process abide by it. No one died and left him to the throne!

    Sorry, got carried away, lol

     

  • Thu, Jan 8 2015 2:01 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I have been watching the courts calendar. It looks like they put cases on the calendar to be heard about 2 weeks each month. So out of 4 weeks each month they issue rendered decisions each week but only dedicate 2 weeks of each month to hear the cases. I believe all of the cases for the month of January are already scheduled and we are not listed. They have 2 open weeks in February starting on the 9th. I would have to believe this would be scheduled during that two weeks. I have no idea how many sessions on the calendar they would need for the court to render a decision. Maybe one, maybe a few. I reviewed many of the decided cases for other matters and it appears that it generally takes the court about 2 months before they post their decision. So good, bad, or ugly...we should learn this decision within 3-6 months. Hope everyone is doing well and keeping positive!

  • Thu, Jan 8 2015 2:46 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Thanks Phil

  • Thu, Jan 8 2015 3:09 PM In reply to

    • Myseason1
      Consumer
    • Not Ranked
    • Joined on Wed, Jan 16 2013
    • NY
    • Posts 22

    Re: New NYS Repeat DWI offender regulations questions

    I hate to be the bearer of bad news but from the looks of a couple of decisions already made this year by the appellate court Eric Sills case may also be denied. If you click on the link below you will see decisions made by the 4th division posted on January 2, 2015. http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2015/01-02-15/decision-01-02-15.html

    There are 2 cases against the DMV where the plaintiffs have very similar arguments as Eric Sills and are both in responses to the “emergency” regulations. The appellate court found in favor of the DMV in both cases. Please let me know if I am misreading anything here but as I am interpreting all this it seems the appellate court has already voiced its opinion on the 2012 emergency regulations.

    DAHLGREN, RALPH v NEW YORK STATE DEPARTMENT OF, MOTOR VEHICLES

    SHEARER, JEFFREY A. v FIALA, BARBARA J.

     

    With that being said My God is a miracle worker and He is able to do anything! So hey you never know. Stay positive and Keep the faith. 

  • Thu, Jan 8 2015 3:45 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Geez, that sure is bad news. But, just giving them a quick read it dosnt appear that many of the arguments that Sills brings to the table were even addresses. So, I don't know how to feel about this. Maybe the court has already made up their minds about this issue or maybe until an attorney brings to the table good arguments the court wont budge. Give me Strength just mentioned the Soda Ban. I think that is the Separation of Powers Doctrine. Sills felt this was a significant argument. I don't think that was discussed with these other cases. I don't want to project false hope but still think we have some fight left.

  • Thu, Jan 8 2015 4:08 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I don't want to get to side tracked here and this probably doesn't mean a hill of beans but, the 1st day I learned about this new regulation I thought about how it will affect so many people. Certainly thousands and likely tens of thousands in just a few years. I thought how this wont work because so many people from all walks of life will fight this. That there would have to be a breaking point when the courts heard so many 100's if not 1000's of cases that they would realize it was a non-logical regulation to put into place. Maybe these Appellate Court judges will get to this point soon? Maybe the DMV will actually review our future appeals and grant some of us another chance?

  • Thu, Jan 8 2015 4:32 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    That sure takes the wind out of the sail..............

  • Thu, Jan 8 2015 4:59 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Question: You ahve 3 DUI's in the 25 year look back. When they reveiw the number of points on your record, do they go back 25 years or lifetime review?

  • Thu, Jan 8 2015 5:18 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    They do a lifetime lookback. I used to get speeding tickets all the time as a teenager. Other than the dwi's I dont think I had any other violations over the past 25 years. Despite that, they still sited my poor driving record as a teen to give me a lifetime ban. Makes no sense.

  • Thu, Jan 8 2015 5:34 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Looks like i have 20 points then........does that mean lifetime ban?

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