New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Wed, Feb 18 2015 3:19 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    tommyh:

    when i applied in 2012 ,i recieved a denial stating i could reapply  august 2017. My license  was revoked  feb.2011 because i had 3 dwi's;  at the time of sentencing the judge told me to come back aand see him in 18 months and i would be able to get my license back if i stayed out of trouble(which i have)   that all went out the window  when cuomo enacted the emergency law

    Contact the judge and let him know your situation and since you will have to wait 5 years, could he give you permission to apply to get the ball rolling..  All I got..

     

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

  • Wed, Feb 18 2015 4:34 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Screwed 4 Life:
    Contact the judge and let him know your situation and since you will have to wait 5 years, could he give you permission to apply to get the ball rolling..  All I got..

    There are two types of license suspension/revocation. One is a criminal sanction that the court imposes as a result of the criminal case. The judge has control (within the range of options the statute gives the judge) over that one. The other is an administrative suspension/revocation that the DMV imposes based on separate requirments for that in the statute and DMV regulations. The judge in the criminal case has no control over that. Losing your license due to the DMV regs is an administrative revocation/suspension. Denial of an application to get a license is similiarly an administrative decision of the DMV. If you have grounds to argue the DMV's decision was wrong, you may bring a new civil proceeding in court to challenge that. Most of those in New York are going to be done, as I recall, under Article 78. That will end up before a different judge than the one that heard your criminal case. 

  • Wed, Feb 18 2015 5:20 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Taxagent:

    Screwed 4 Life:
    Contact the judge and let him know your situation and since you will have to wait 5 years, could he give you permission to apply to get the ball rolling..  All I got..

    There are two types of license suspension/revocation. One is a criminal sanction that the court imposes as a result of the criminal case. The judge has control (within the range of options the statute gives the judge) over that one. The other is an administrative suspension/revocation that the DMV imposes based on separate requirments for that in the statute and DMV regulations. The judge in the criminal case has no control over that. Losing your license due to the DMV regs is an administrative revocation/suspension. Denial of an application to get a license is similiarly an administrative decision of the DMV. If you have grounds to argue the DMV's decision was wrong, you may bring a new civil proceeding in court to challenge that. Most of those in New York are going to be done, as I recall, under Article 78. That will end up before a different judge than the one that heard your criminal case. 

     

    **So he still needs to contact the Judge to garner any progress depending on **IF he has attended or done any court-mandated treatments or public service.  Right?  If he is square with the required actions he can petition for early release from the court-mandated revocation.  That would be my recommendation to do FIRST then follow up with the DMV DIB to find out any other restrictions he needs to appease prior to applying..  Its usually a half hour call to the DMV DIB folks.  If they seem to not know or are uncertain I'd reccomment that they will accept a license application nonetheless @ any time with the C-note accompanying it.    

    Progress will only begin by taking action on his part-  Correct?  Just what I was trying to pass on to him is all.  Thanks again TA.

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

  • Fri, Feb 20 2015 1:54 PM In reply to

    • tommyh
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Jun 3 2013
    • NY
    • Posts 95

    Re: New NYS Repeat DWI offender regulations questions

    thanks for the replies : I guess i need to call DMV,?   i figured I would wait till august 2017 and reapply and that would be that . I did a year at an alcohol  outpatient ,they told me that when I reapply for a drivers license  ,I must come back for an evaluation, and it must be within a certain timeframe from when i reapply for a licence . I figured the N.Y.S. supreme court judge ( Gerold Carter  in nassau county) (who sentenced me ) has nothing to do with it at this point.....DMV makes the call  ?  no ?    (i really appreciate your comments)

  • Sat, Feb 21 2015 1:26 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    tommyh: yes, you can call the DMV Driver Improvement Unit. I can get get you a phone number if you need it. (it is also in a previous post). You will need an alchohol evaluation with in one year of your re application from any OASAS certified agency. I will get you more info.  

  • Tue, Feb 24 2015 8:51 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Does anyone know the date in March that Eric Sills presents his case?

  • Tue, Feb 24 2015 9:52 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    March 4th 2015

  • Tue, Feb 24 2015 11:17 AM In reply to

    • thehalf
      Consumer
    • Top 500 Contributor
    • Joined on Wed, Jul 24 2013
    • NY
    • Posts 71

    Re: New NYS Repeat DWI offender regulations questions

    Back in late 2011 and twice in 2012, I attended an OASAS assesment, the first two were quashed by the DMV and by the time I completed the third assesment, Tuesday September 25, 2012 had passed and I was under the new draconian NYS DMV regulations and informed I could reapply in 2016.

    Simply put the NYSDMV was stonewalling me until the new regs. were put into effect. Oh well.

    TheHalf™

  • Tue, Feb 24 2015 11:40 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Thank you!

  • Tue, Feb 24 2015 12:37 PM 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

    Does anyone think that Eric Sills actually has a chance to overturn these rules?

  • Tue, Feb 24 2015 1:33 PM In reply to

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

    Re: New NYS Repeat DWI offender regulations questions

    the way i see it  i will get the ball rolling aug.2016  which is one year prior to when i am allowed to get my license back.  As the half said "he went to oasis classes for nothing". I still have not paid the 750 dollar fine to the dmv, why the heck should i ?    I'm not gonna work myself up over this crap anymore, we have all lost alot of sleep over this stuff, Two years ago i came to  the resolution that i will not be able to drive probably till 2018. I'm over my anger (except on certain occasions) but I accept it ,just as i accept i can no longer drink alcohol

  • Tue, Feb 24 2015 2:10 PM In reply to

    • KingCuomo
      Consumer
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    • Joined on Tue, Jan 14 2014
    • NY
    • Posts 64

    Re: New NYS Repeat DWI offender regulations questions

    so this is where everyone went!

    tried calling DIB today, they do not accept phone calls past noon because they need to "provide quality customer service and process applications already submitted". keep that in mind in case you want to call. 518-474-0774 option 5. i'll get ahold of them tomorrow.

    also, I remain hopeful in a positive outcome in the Sills case. I've invested too much time and money to think otherwise.

    stay strong. this will end.

  • Tue, Feb 24 2015 7:15 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

    Has sills said anything hopeful to anyone? He did not sound to positive when I spoke with him on the phone.

  • Wed, Feb 25 2015 12:40 PM In reply to

    • sober74
      Consumer
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    • Joined on Mon, Oct 14 2013
    • NY
    • Posts 18

    Re: New NYS Repeat DWI offender regulations questions

    So I just got off the phone with Senator Sleklos' office, and I inquired about these regulations. The person on the phone was very nice, but she made it perfectly clear there is nothing they could do about it. They were very aware of the regulations and have spoken to several people besides me about the issues and impact it was having on the applications. Sandy said that DMV did not have to have the Legislature vote on this "policy" to have it implemented. She said the State Agencies have the right to implement their own "Policies" (as she calls it) without getting approval from the State Legislature. She made it perfectly clear that there is nothing Senator Skelos can do about this issue.

  • Thu, Feb 26 2015 1:30 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    If Sills is not positive, why is he taking on more defendents with his case?

    What Senator Sleklos' office said does not co-inside with the arguments that Sills has for his case.

    Should we not even hope? This is completely insane especially when many were not made aware by their laywers

     

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