New NYS Repeat DWI offender regulations questions

Latest post Wed, Mar 29 2017 2:17 AM by Justitia. 1,494 replies.
  • Mon, Feb 20 2017 2:16 PM In reply to

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

    sam0921:

    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.

     

     

     

    I just got off the phone with sills and he said the best bet is to let this thing play out in the court system peacefully instead of a March..He mentioned that we are not going to have a sympathetic crowd to begin with and if there is a large enough crowd there will more than likely be reporters..If there are reporters and anyone of us steps out of line in any way that can and will be held against us especially at the hearing..He said the best bet is to wait and see this thing play out..If we get a bad decision then we will see what our options are..

     

  • Tue, Feb 21 2017 5:40 AM In reply to

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

    So I get it. Sit tight and wait. I may be wrong here but lets say that the court finds that the dmv overreached their authority here and say that we had our rights violated. Is there any lawyers out here that think there are grounds for some sort of lawsuit to sue the state for lost wages/emotional distress/mental anguish..ect.? Just a thought..

  • Tue, Feb 21 2017 1:53 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    i'm in the same boat as you JSS1 ;  My 3rd DWI was sept. 16 2010, I spoke with DMV in Albany,they said I could send in my application 6 weeks before i am elibible for a licence (aug.2017 ) so you must pay all the fines,go see an alcohol counselor and get evaluated ,send a copy of probation completion(if you had probation ) and then wait. After you get your restricted license ,you must install an interlock for 5 years . Hope this helps

  • Tue, Feb 21 2017 2:44 PM In reply to

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

    Ive heard about getting an OASIS evaluation prior to applying...but the probation completion sheet is the first im hearing of this. I did 3 yrs probation and completed it in 2010..i dont even think they sent me a completion form. Is this really required?

  • Tue, Feb 21 2017 3:32 PM In reply to

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

    m j c04:

    So I get it. Sit tight and wait. I may be wrong here but lets say that the court finds that the dmv overreached their authority here and say that we had our rights violated. Is there any lawyers out here that think there are grounds for some sort of lawsuit to sue the state for lost wages/emotional distress/mental anguish..ect.? Just a thought..

    Probably but I would just be extremely happy to beat them and get my life started again! I would assume there are grounds to sue but Im not a lawyer

  • Tue, Feb 21 2017 3:40 PM In reply to

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

    tommyh:

    i'm in the same boat as you JSS1 ;  My 3rd DWI was sept. 16 2010, I spoke with DMV in Albany,they said I could send in my application 6 weeks before i am elibible for a licence (aug.2017 ) so you must pay all the fines,go see an alcohol counselor and get evaluated ,send a copy of probation completion(if you had probation ) and then wait. After you get your restricted license ,you must install an interlock for 5 years . Hope this helps

    I havent read your story but if you have three DWI's with a SDO in a 25 year period dont bother..You will just waste $110  on a application fee and all you will get for your money is $110 denial letter. 

  • Tue, Feb 21 2017 3:42 PM In reply to

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

    m j c04:

    Ive heard about getting an OASIS evaluation prior to applying...but the probation completion sheet is the first im hearing of this. I did 3 yrs probation and completed it in 2010..i dont even think they sent me a completion form. Is this really required?

    I was told about OASIS and I think its just another scam! I was going to go to OASIS for like a $500 fee and they acted as if they had no idea of the DMV regulation.. So I did not go...They are not honest..They will either tell you what you want to hear or act as if they do not know. They know perfectly well that if you have 3 DWI's with a SDO within 25 years you will NOT be approved even with the classes...Dont get suckered in! 

  • Tue, Feb 21 2017 3:59 PM In reply to

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

    I do not have a SDO. So I may have a chance. Also as far as the OASIS...ive had an alcohol evaluation done back in 2013 the last time I applied and bc I havent drank they reccommended no further treatment required. They actually fax an official DMV alcohol evaluation certificate to the dmv....only issue is that it must be completed within a year of reapplication..so its now going on 4yrs old. It cost me upwards of 150$ but for future reference..find an OASIS approved treatment center they are listed online and simply tell them you need an alcohol evaluation for the dmv and they will have the appropriate paper. Hope this helps

  • Tue, Feb 21 2017 6:44 PM In reply to

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

    erickench:

    Billy G:

    If we get a bad decision then we will see what our options are..

     

    I would like to know what those options would be.

    My guess is as good as yours! Maybe the people who had their applications in prior to the regulation will still have a chance? Who knows! We will have to await the decision and ask then if need be...Hopefully we wont have to!

  • Wed, Feb 22 2017 1:06 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    I do not have an SDO

  • Wed, Feb 22 2017 1:13 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    https://dmv.ny.gov/tic...

     

    You need to get your probation completion letter, also check with the link above,also

    never rely on any info here,you must do your research 

     

  • Wed, Feb 22 2017 1:30 PM In reply to

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

    That link says its unavalable. Still no concrete evidence on needing a completion of probation certificate. If thats the case ill get it..but lets be transparent about this operation.

  • Wed, Feb 22 2017 5:05 PM In reply to

    • loop46
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    Re: New NYS Repeat DWI offender regulations questions

    I would like to know if the state has done any studies about how many people have committed suicide due to this. I hate what Alcohol has done to my life and know I will never be able to grow past it now. I would much rather have been put in prison for the rest of my life other than being a burden on my family. I will never be able to take my kids to a ball game while they are little and or teach them to drive without breaking the law. I will always have to rely on them and others to be able to get any where’s unless Governor Cuomo brings uhber to the upstate and only doing so to make a profit from as he does with everything with all his sin taxes and so called state programs. Everything has a return income for the state with taxes (and a lot of them). I understand that Drinking and driving is a problem and that many people have gotten hurt due to it but there has to be another way to stop the problem without crucify us. This is a drug that can be bought in every store and in most corner bars and restaurants. For someone that doesn’t want to drink it is hard to avoid, seeing that it is everywhere. Stop the problem before the problem can happen. Push the state to help the DADSS program get all cars to have an interlock type dives in them to stop the problem before it happens. This will stop all future dwi’s and repeat dwi’s without destroying anyone’s life in the process. It will stop the falling down drunk the same as the person that may be leaves they are below the legal limit and are not, from getting behind the wheel and destroying their life and or others.

    I believe this is the only way to stop the problem without hurting anymore people.

    People change and grow but this state does not give use the chance show this.

    I lose a lot of sleep over this just think how we teach our children not to be judgmental of others but then make the world look at all with dwi’s as the scum of the earth. Fix the problem, don’t just keep stuffing more laws down our throats.

     

    My oldest child is 14 and has never seen me drink but here I am waiting for him to turn 16 to be able to give me  a ride to the store to buy my highly taxed cigarettes.  

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