New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 7:00 AM by m j c04. 1,669 replies.
  • Tue, Feb 28 2017 3:50 PM In reply to

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

    Bigg Al:

    Billy G, if this world was ruled with whatifs then no one would walk outside their fucking door lol, why? Well if you live in the woods you may be eaten by a bear, if you go swimming in the ocean you may be eaten by a shark or stabbed by a fucking stingray, these watifs go on and on. 

    Billy, I truly feel sorry for you, as for me, I don't give a *** and I drive with no care in the World, If i get locked up so be it, at least my Family and I know the reason for me being locked up and that's to pay our mortgage and put food on the table as well as cloths on my kids back and sneakers on their feet, my Family is more important to me than anything else in this God forsaken world. 

    Sorry for those, like myself who followed the laws of the land after the fact and waited patiently for our license reinstatement date to approach and once again become a part of productive society, then to our amazement new regulations were enacted and we were all kicked to the curb. 

    As for me, I DRIVE!! and will continue to do so until I am jailed or dead, I am a MAN and It's my duty to care for my Family, so that crooked curve The NYS DMV threw to me and many others well, looks like your bullshit didn't work for all BWAAA HAAAA, If driving is a crime and i'm breaking the law, then oh well, looks to me like The NYS DMV and the great Governor also broke the law, I plead guilty, was sentenced and paid for the crime I committed, 90 days in Jail and about $4,000 dollars in fines, fee's and surcharges. One more thing, I didn't have any accidents nor did I cause any harm to anyone, I was merely pulled over.  

    So I feel it's time for NYS to pay for their crooked ways. I'm not the only one driving with no license, there are a whole lot of us and we're taking back the roads that were wrongfully stripped from us. 

    I hear you 100% and do not blame you but its a HUGE risk! If we get caught it would be aggrevated unlicensed operation of a motor vehicle which I am sure there will be a pretty stiff penalty..What happens if you have to do time..I understand you are doing what you can for your family but what happens to them if you have to do a year in jail..Listen I totally agree with you if you have no other option aside welfare! If you do have a option its just a huge risk I cannot take especially so close to the outcome of this case...My luck would be that I get caught a week prior to the hearing we won the case but because I drove while revoked I'd be fucked! I have the ability to get to work via bus which I took even when I was driving..I live in the burbs of upstate NY and work in manhattan so it was cheaper to commute by bus anyway...I live a good life and have the ability to get around with my girlfriend and son but its just a hard pill to swallow when I was screwed by this regulation that I should have never been subjected to...A regulation that emasculates us as men! A regualtion that does not allow us to be free to make our lives better by holding us down..In the meantime the scumbags enforcing it are driving around doing twice the *** we did and get away with it because they have a badge..Fucking piece of *** hypocrites! 

  • Thu, Mar 2 2017 5:02 PM In reply to

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

    Hey erickench. I also am not leaning that the E.Sills court dates coming up could easily go negative. But, He has moved right through many courts before that did not look good. Question? Are you speaking of the Alabama allowance after NYS denial?   

  • Mon, Mar 6 2017 7:44 AM In reply to

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

    So I just thought of something. I have 3dui WITHOUT a SDO.  If and when I get my liscense back...my question is that if I were to then get an SDO or speeding tickets or whatever constitutes an SDO... Would I then be perminentley revoked for life due to my prior record that I already did punishment for? Is that double jeopardy or something? This could be a vicious cycle. Cuomo is thinking if he dosent get us one way he will get us another. 

  • Mon, Mar 6 2017 11:57 AM In reply to

    • Bigg Al
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    Re: New NYS Repeat DWI offender regulations questions

    m j c04

    The answer to your question is Yes, BUT!! only if you allow your driver's license to be suspended or revoked, and it must also fall into what The NYS DMV considers a SDO, which currently is 20 points or more, or any other single SDO that NYS DMV considers a SDO.

    Remember they look at your lifetime driving record so all the things you did yesterday will be used against you tomorrow. 

    Doesn't seem legal or morally correct does it?? 

    You will get denied when you re apply or attempt to reinstate your NYS driver's license. 

    Also note there are many People licensed in NYS with worst driving records than most of us, but for some strange reason they are allowed to retain their NYS drivers license. 

    "Double jeopardy" that's a funny one! We all paid the price for our actions and again further sentenced when the new regulations came out September 2012.

  • Mon, Mar 6 2017 7:29 PM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
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    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    m j c04:

    So I just thought of something. I have 3dui WITHOUT a SDO.  If and when I get my liscense back...my question is that if I were to then get an SDO or speeding tickets or whatever constitutes an SDO... Would I then be perminentley revoked for life due to my prior record that I already did punishment for? Is that double jeopardy or something? This could be a vicious cycle. Cuomo is thinking if he dosent get us one way he will get us another. 

     

    An SDO is one of these three things:

    1) 20 or more points on your license in a 25 year period.

    2) A criminal conviction involving a drinking and driving offense.

    3) A fatal accident.

    They've never gotten me for the misdemeanor nor a fatal accident. But I do have 31 points over a 25 year period becaue there are so many cops here in NYC and it's very easy to commit a violation will all these speed traps and prohibiting signs in the city.

    I am pretty sure it also consists of 2 tickets in which 5 or more points were issued for each offense..

     

  • Mon, Mar 6 2017 7:34 PM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    m j c04:

    So I just thought of something. I have 3dui WITHOUT a SDO.  If and when I get my liscense back...my question is that if I were to then get an SDO or speeding tickets or whatever constitutes an SDO... Would I then be perminentley revoked for life due to my prior record that I already did punishment for? Is that double jeopardy or something? This could be a vicious cycle. Cuomo is thinking if he dosent get us one way he will get us another. 

    I am pretty sure a SDO also consists of 2 or more violations in which 5 or more points were issued per violation..Dont quote me but I am pretty sure that is the case along with the 20 points in 25 years..I was going to look it up to confirm but dont have the time tonight..If Im right  than YES, Your ass can be in the ringer if you have a speeding ticket with 5 or more points from the past and get another speeding ticket or whatever that will give you 5 points after your license is reinstated...Lets just hope to god we get a good decision to end all this BS! I could understand if they passed this regulation but it should be from the point that it was passed. Not retroactive! Even if they said to people like us with priors that if we get another we are done..I would take that. But they are judging us on prior issues that we were already sentenced on...Anyone who was sentenced prior to this regulation should be grandfathered in to the old regualtions..

  • Sun, Mar 19 2017 3:52 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    so my sponser who helped me a great deal,for 3 years driving me to aa meetings and just being a good freind, went back out and just got his 3rd dwi (which was aggravated as he was 2 1/2 times the limit. He is a tenured teacher here in suffolk county. I wonder if he will lose his teaching certificate?  Tax Agent ....?

  • Mon, Mar 20 2017 3:51 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    tommyh:
    so my sponser who helped me a great deal,for 3 years driving me to aa meetings and just being a good freind, went back out and just got his 3rd dwi (which was aggravated as he was 2 1/2 times the limit. He is a tenured teacher here in suffolk county. I wonder if he will lose his teaching certificate?  Tax Agent ....?

    There is no way to tell on this limited information whether he would lose his teaching certificate. What I can tell you is that it is possible he’d lose it but it's also not automatic that he’d lose it. What NY law provides is that any criminal conviction of a licensed teacher is to be referred to the NY Education Department to determine if that conviction renders the teacher morally unqualified to be licensed.

    I won't describe the entire process in detail here, but will note that that the professional conduct officer will order an investigation of the matter which will result in a recommendation regarding whether  “a substantial question exists as to the moral character” of the teacher. If the state board agrees that there is a question regarding the moral character of the teacher (which essentially means grounds for taking action against the teacher) the teacher will be informed of that finding, what action is proposed, and given the opportunity to request a hearing on the matter. The teacher may be represented at the hearing by counsel. The hearing officer (or panel, depending on the hearing) will take evidence from the Department and the teacher at the hearing. The record of the conviction is admissible in the hearing, but the rules expressly state that “such conviction shall not in and of itself create a conclusive presumption that the person so convicted lacks good moral character.” There are four types of crimes, however, that do raise a rebuttable preumption that the teacher lacks good moral character:

    “(1) the criminal sale, possession or use of marijuana, a controlled substance, a precursor of a controlled substance or drug paraphernalia as defined in article 220 or 221 of the Penal Law; or
    (2) any crime involving physical or sexual abuse of a minor or student; or
    (3) any crime committed either on school property or while in the performance of teaching duties.
    (4) any crime committed involving the submission of false information, or the commission of fraud, related to a criminal history record check.”

    NY Education Department Regulation 83.4.

    Apart from those four situations, there is no presumption one way or the other. In order to revoke the license, the hearing officer/panel must conclude that:

    “(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual;  or

    (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.”

    NY Corrections Law (COR) § 752.

    In reaching that determination, there are a number of factors the hearing officer/panel must consider:

          “1.     In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
                (a)     The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
                (b)     The specific duties and responsibilities necessarily related to the license or employment sought.
                (c)     The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
                (d)     The time which has elapsed since the occurrence of the criminal offense or offenses.
                (e)     The age of the person at the time of occurrence of the criminal offense or offenses.
                (f )     The seriousness of the offense or offenses.
                (g)     Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
                (h)     The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
          2.     In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.”

    COR § 753. So, all the details of the DWI conviction would matter. Simply being convicted of a DWI by itself would not cause the loss of license, but the specific circumstances of the crime could result in loss of the license. For example, if the DWI occurred on school property or while transporting a student, that would pretty much guarantee loss of the license for obvious reasons.

    Once the hearing officer/panel makes its decision, further appeal may be had to the Commissioner of the Education Department who makes the final decision on whether to revoke the license. From there, if the teacher has sufficient grounds, the matter could be litigated in court. In court the teacher would need to show that proper due process was not given, that the hearing rules were violated in some way, that the commissioner abused her discretion, etc. The judge cannot overrule the Commissioner simply because the judge would have decided the matter differently than the Commissioner did.

    I would venture to say that most DWIs by teachers do not result in loss of their teaching certificates. But in some cases that certainly could happen. The devil is, as they say, in the details. Even if they don't lose their certificates, though, some other sanction like a reprimand or fine could result.

  • Mon, Mar 20 2017 4:04 PM In reply to

    • tommyh
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    • Joined on Mon, Jun 3 2013
    • NY
    • Posts 95

    Re: New NYS Repeat DWI offender regulations questions

    Tax agent .I joined this forum about 5 years ago on a previous thread and have learned alot from your posts.I will be getting  a restricted license after almost 7 years without drivin August 2017.To be honest i probably will not look at this thread much after that ,so while i have it on my mind. I wanted to thank you and let you know i appreciated your time and effort with regards to this forum. And thanks for the info about my freind !!

     

  • Wed, Mar 22 2017 10:28 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    1. Can anyone tell me how we can watch the trial live . I read somewhere that you could live stream it 

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