New NYS Repeat DWI offender regulations questions

Latest post Sat, May 27 2017 10:20 PM by Billy G. 1,671 replies.
  • Sat, Feb 11 2017 11:14 AM In reply to

    • Polanzo
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    Re: New NYS Repeat DWI offender regulations questions

    No, it's not 5 years revocation plus 5 years waiting period (denial) for 3 dwis in 25 years

    Per the DMV:  Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

    In my case, I refused the breathalyzer, so I received a 1.5 year suspension/revocation (statutory.) I then applied for my license and received the 5 year denial letter.

    I wish people would do a just a small amount of research before posting things that aren't true and scaring someone.  It's ok if you don't know the answer, but don't just guess and post it.

  • Sat, Feb 11 2017 11:17 AM In reply to

    • m j c04
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    Re: New NYS Repeat DWI offender regulations questions

    Whatever. I been on this forum since day one and been going through this BS since 04...but i know nothing and your the genious so why dont you tell me when im getting my liscense back?

  • Sat, Feb 11 2017 11:32 AM In reply to

    • Polanzo
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    Re: New NYS Repeat DWI offender regulations questions

    Ok, let me see if I got this mj.... because you were in this situation since 04', you can post incorrect information and it shouldn't be corrected?  There's no need to be rude or sarcastic.  We're all in this together, and information, preferably correct information, is power.

     

  • Sat, Feb 11 2017 11:37 AM In reply to

    • m j c04
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    Re: New NYS Repeat DWI offender regulations questions

    Just stating what happened to me since ive been through it and im living proof. Dont care what the website says they do what they want anyway.

  • Sat, Feb 11 2017 11:41 AM In reply to

    • Polanzo
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    Re: New NYS Repeat DWI offender regulations questions

    Yes...that is the caveat isn't it?  In the end its at their discretion.

    I looked at your situation again mj, yes you did get screwed.  You got caught in the transition to the new regulations while still under revoccation.  Not a day goes by I don't worry about them changing those Regs again.

  • Sun, Feb 12 2017 6:22 AM In reply to

    • Billy G
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    Re: New NYS Repeat DWI offender regulations questions

    I still cant understand how they can get away with changing a sentence after you have been sentenced..I dont remember the exact sentence I got for my last DWI in 08 but Im pretty sure it was a 1 year revocation..The only reason I got screwed with all of this was thanks to probation.

    They would not allow me to re apply for my licence till 2012 ..Thats only because I went over their heads and had a hearing with my sentencing judge from 08 who agreed to allow me to re apply in April of 2012..

    Like many of us the DMV purposely sat on apps till the reg came into effect which screwed me.

    Thing is, How can they have the power to change a persons sentencing after they have been sentenced by the courts? If my sentence was 1 year revocation prior to this policy, That sentence should stand.. NO?

    I never heard of anyone convicted of murder who gets a 25 year sentence have their sentence changed to life due to a change in regulations..In many cases they are even paroled early! 

    If I only knew then what I know now, I would have asked for 1 full year of weekends in jail to avoid probation instead of the 16 weekends in jail and 5 years probation... If I'd done that I would have been able to apply in 09 and have my license back... Probation really put the screws to me!

  • Sun, Feb 12 2017 9:43 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Billy G:

    Probation really put the screws to me!

    It wasn't probatiion Billy..  It was Cuomo!  End of story..

    Now that post makes me think..  Just how many licenses were issued throughout 2012..  Was it only anyone with DUI history who was held up..  That statement I got from one of the DIB folks in April/May 2012 to me that:  "It's because of the Governor".  If Sills could somehow pry that information from the DMV that may give him another reason to help all the people screwed in 2012..

    Just a thought..

    Don't Judge me by my past-  I don't live there anymore!

  • Sun, Feb 12 2017 10:08 AM In reply to

    • Billy G
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    Re: New NYS Repeat DWI offender regulations questions

    Screwed 4 Life:

    Billy G:

    Probation really put the screws to me!

    It wasn't probatiion Billy..  It was Cuomo!  End of story..

    Now that post makes me think..  Just how many licenses were issued throughout 2012..  Was it only anyone with DUI history who was held up..  That statement I got from one of the DIB folks in April/May 2012 to me that:  "It's because of the Governor".  If Sills could somehow pry that information from the DMV that may give him another reason to help all the people screwed in 2012..

    Just a thought..

    Oh I know Cuomo put the screws to me but Im just saying, If I wasnt held up for the 4 years till 2012 by probation I would have reapplied and been approved by 2009-2010 before all the BS..Im sure it was only people with a history that were held up and to me that would be a damn good argument to put forward..Regardless of whether or not the regulation is retroactive or not, A regulation can only be enforced when it goes into effect but yet they enforced it by holding up applications on people with historys..Look I belive this reg is bullshit and should be squashed like a bug but anyone who had their apps already in process before sept 12 2012 should be grandfathered in to the old regulations..Just my 2 cents!

     

  • Sun, Feb 12 2017 4:21 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Anyone that accepted a sentence prior to this reg should be immune to the reg. People have the right to know and fully understand the totality of the sentence before accepting a plea. Simple as that.

    In their response from my appeal last year they actually made a statement that I should not have had any reasonable expectations of ever getting my license back because driving is a privilege, not a right.

    Not only did I expect to get my license back but my ecpectation was extremely reasonable. I never thought there was the slightest possibility that they would or even could deny me based on events 2 decades ago and beyond. Especially when considering the charge I was revoked for was dismissed in court and didn't involve drugs or alchohol, or any type of dangerous driving.

    It is so unreasonable and irrational that it makes you wonder how far could they actually go. Can they really do whatever they want completely unchecked? Where is the line they cant cross? If they get away with this, you woild have to assume there isn't one.

     

     

  • Mon, Feb 13 2017 4:00 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    According to the Dmv logic, there should never be a time frame attached to any suspension/revocation.  Every suspension/revocation should be labeled indefinite. If a person, such as myself, should have no reasonable expectation of getting back my license after the given time frame given is up, why have a time frame.

     

  • Sat, Feb 18 2017 7:16 PM In reply to

    • JW NYC
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    Re: New NYS Repeat DWI offender regulations questions

    I had a chance to appeal a 5th after 24 years later after 4th ,My level was .001 above illegal.. It was in 2013 and my lawyer did not bother to tell me about 2012 dmv mandate. Referred to a law firm that could have reversed it. I only had to pay $20,000 dollars. I did not do it hoping all would reverse. . Life changes drastically . 24 years of Sobriety and one day a mistake is made and all that time means nothing. It was Christams day 2013. 

    Never had an accident ever that was my fault. I am not a persintently dangerous driver. What are we going to do with new york throwing us all on a national level labelled unfit to drive. We are not permanent criminals. 

     

     

  • Sun, Feb 19 2017 4:04 AM In reply to

    • Billy G
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    Re: New NYS Repeat DWI offender regulations questions

    JW NYC:

    I had a chance to appeal a 5th after 24 years later after 4th ,My level was .001 above illegal.. It was in 2013 and my lawyer did not bother to tell me about 2012 dmv mandate. Referred to a law firm that could have reversed it. I only had to pay $20,000 dollars. I did not do it hoping all would reverse. . Life changes drastically . 24 years of Sobriety and one day a mistake is made and all that time means nothing. It was Christams day 2013. 

    Never had an accident ever that was my fault. I am not a persintently dangerous driver. What are we going to do with new york throwing us all on a national level labelled unfit to drive. We are not permanent criminals. 

     

     

    You are right, We are not permanent criminals but yet we are treated like ones even over those who have much much worse records from doing things that were much much worse!

    I said it 100 times that this is preventative maintainance BS and thats exactly what it is! You want to prevent us from driving to avoid the chance of us ever getting another DWI or hurting someone while driving but yet, They will give a murderer, theif, sex offender and others who I consider to be much worse criminals a chance to drive again..

    If this is all about preventative maintance why not permanently deny people like that as well? After all, they can us a car for any one of those crimes..But yet they will still allow them to get relicensed under the idea of giving them a chance to become a better member of society..Where the F@@k is that fair?

    Its government at its best! Hold down the good people who have made stupid mistakes in the past yet allow the scum a chance to prosper..

    https://www.facebook.com/groups/562453607285094/

    For those of you who havent please join the facebook page (link above) I created..If we do not get a good decision in May or June, I am trying to organize a march on Albany..I see no other way...

  • Mon, Feb 20 2017 11:04 AM In reply to

    • sam0921
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    Re: New NYS Repeat DWI offender regulations questions

    Don't you think that we should have a march before the decision is made?  Other people are interested in a march.  After the decision is made, a march would not change anything or give us a chance since the decision will be final.

     

     

  • Mon, Feb 20 2017 11:17 AM In reply to

    • m j c04
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    Re: New NYS Repeat DWI offender regulations questions

    I agree and I said this months ago. Im glad people are realizing this.  Only thing is to make sure we are identified as the anti regulations not the pro regs group...we def dont want this march to backfire..lol that would suck.

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