New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Tue, Mar 17 2015 11:16 AM In reply to

    • lost76
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    Re: New NYS Repeat DWI offender regulations questions

    No she has been able to get her license back. No regulations on her, interlock system has already been taken out because the 6 month mandatory period is up. No DDP classes  just straight reapplying for license. Revocation period has come and gone a long while ago. She just paid a lawyer $1500 bucks and the lawyer said it was bull****. This is the part where you have 2 DWI's and any driving offenses that the DMV deems as dangerous and they deny you your license. The second DWI has been a few years old after conviction (2012). Arrested for it in 2011. That is why it is bull****. They are pretty much doing whatever they want too. I know how it reads which is exactly how you wrote it above, but that is not how the DMV is playing it. If you go here  http://dmv.ny.gov/tickets/penalties-multiple-offenders and click on Part 136 - revised and final; halfway down the page. Then go to page 4 section 5 it says the commissioner "May in his or her discretion approve the application after the minimum statutory revocation period is served." So in there opinion they can give you your license back, but don't have too. She applied well after the mandatory revocation period ended and was denied as a dangerous driver because of speeding tickets. So they are pretty much doing whatever they want to. That is why am on here as well trying to figure out if I am going to be able to get my license back. 

  • Tue, Mar 17 2015 11:34 AM In reply to

    • daryls61
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    Re: New NYS Repeat DWI offender regulations questions

    lost76 - Does she have an accients that resulted from the DWI's? Any high point speeding tickets? Does she have a conditional license now? 

  • Tue, Mar 17 2015 11:51 AM In reply to

    • lost76
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    Re: New NYS Repeat DWI offender regulations questions

    No accidents from DWI. These were tickets and infractions from years ago when she was younger, both of us are in late 30's now. No conditional either. Early 20's accidents, speeding ticket from a few years ago but nothing too bad. Not 30 or 40 mph's over. That is why we both were lost when she got the denial. Her lawyer was like they are a bunch of idiots. The lawyer has worked on a few of these and gotten them overturned. It is so new and not really a definate outline, at least that is what the lawyer tells us. They are looking back the 25 years and considering everything. At least they did with her. to put into perspective, her sister had 2 Dwi's and got her license back no problem. She also had accidents and other things from when she was younger. Hard to figure out what they are doing in Albany.

  • Tue, Mar 17 2015 12:07 PM In reply to

    • daryls61
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    Re: New NYS Repeat DWI offender regulations questions

    @lost76 - Her situation is interesting to say the least. 2 accidents where physical injury occured (even to yourself) and 2 DWI's may constitute a dangerous driver in the DMV's eyes. Is she on probation?

    I take it her 2 DWI's are within 5 years of each other, thus no conditional, correct?

    What did her original revocation letter say from the DMV?  Did it state she would be eligible for a "post-revocation conditional license"? Basically what the DMV seems to be doing is not fully relicensing people until their conditional discharge or probation period is over but in the meantime, they can get a "post-revocation conditional license" If her 1st (revocation) letter stated this, she should be eligible for at least a conditional.

    Was her denial a lifetime denial?

  • Tue, Mar 17 2015 12:36 PM In reply to

    • lost76
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    Re: New NYS Repeat DWI offender regulations questions

    I didn't even know her when the accident happened. She was convicted for the Dwi before the new regulations went into place. The accident was just her, no other cars involved. She had no probation. Your thinking too much into it. She had no probation or conditional discharge. No one was injured except she went to the hospital (again happened in her 20's). Believe me we have tried to figure it out. The denial letter said she could reapply after 5 years. No letter of post revocation conditional license. Speeding ticket from her 20's and 30's. Dwi's were within 5 years of each other. The last one being almost 3 years old now. That is why the lawyer couldn't even believe she was there paying for an appeal. Crazy. They do what they want to in Albany. It has been a little over two years since she has been able to reapply for a full license after the suspension period.  

  • Tue, Mar 17 2015 3:15 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    lost76:

    I didn't even know her when the accident happened. She was convicted for the Dwi before the new regulations went into place. The accident was just her, no other cars involved. She had no probation. Your thinking too much into it. She had no probation or conditional discharge. No one was injured except she went to the hospital (again happened in her 20's). Believe me we have tried to figure it out. The denial letter said she could reapply after 5 years. No letter of post revocation conditional license. Speeding ticket from her 20's and 30's. Dwi's were within 5 years of each other. The last one being almost 3 years old now. That is why the lawyer couldn't even believe she was there paying for an appeal. Crazy. They do what they want to in Albany. It has been a little over two years since she has been able to reapply for a full license after the suspension period.  

    CORRECT  

    Like I said before- the DMV folks sometimes get it wrong.  push them to show you the law or regulation that proves their determination was correct according to the NY VAT LAW.  I think some of them are just ***heck bent on making you miserable..  Hope she gets it back!  

     

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

  • Tue, Mar 17 2015 4:07 PM In reply to

    • thehalf
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    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    @S4L, not so on the speeding tickets, I am in a world of *** because of 2 speeding tickets that were never removed from my DA, 1990 (95/55) 1991 (>120/55) and I am fudged, nothing to do with alcohol. Anyhoo 20 pts. is what is gonna *** you and Schmack you paid all that money to be denied.

     

    TheHalf™

  • Tue, Mar 17 2015 5:07 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    thehalf:

    @S4L, not so on the speeding tickets, I am in a world of *** because of 2 speeding tickets that were never removed from my DA, 1990 (95/55) 1991 (>120/55) and I am fudged, nothing to do with alcohol. Anyhoo 20 pts. is what is gonna *** you and Schmack you paid all that money to be denied

    Speeding tickets are only on your record for 39 months and they come off your record.  The Revocations you got for doing those dastardly deeds are on your record I'm sure..  BTW-  I'm surprised you didn't outrun the cop @  a buck twenty!  :)

    The High point violations you were convicted of are considered SDO's and if you also have 2 of those PLUS DUIs in 25 years you got the NY DMV tri-fecta for a 5 year walking pass or Lifetime denial.  *You can still reapply and waste yet another $100 in 5 years after your denial.  Maybe if you don't get caught driving you can get back on the road.. 

    I may have wasted the $$ but I tried to fight this and that's better than sitting on my ass bitching..

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

  • Wed, Mar 18 2015 4:14 AM In reply to

    • thehalf
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    • Joined on Wed, Jul 24 2013
    • NY
    • Posts 71

    Re: New NYS Repeat DWI offender regulations questions

    I cannot wait until April (Q2) I will be going back to days (probably 2nd) which does help me much emotionally/spiritually.

    Anyhoo @S4L like I have mentioned before, I have 2 dwai's, 1 dwi (.08) and those 2 speeding tickets (no alcohol involved) and I applied for relicensing in October 2011 only to fall under the RETROactiveness of those new draconian regulations of Tuesday September 25. 2012.

    A friend of mine had their first DWI ever, no other infractions on the license and still subject to the DMV restrictions. No probation and the fiscal penalties are harsh:

    1. Seven week DDP @ $290.00

    2. Driver assessment fee @ $750.00

    3. Application fee @ $50.00

    4. Interlock device*, $109.00 installed and $89.00 per month for one year.

    *The ILD is also equipped with a GoPro© cam that takes a snap-shot of the driver everytime it is blown in to.

    Now this is a drop in the bucket ($$$) for my friend, but I like many of you paid all of that cash to ny state only to be denied.

    I will also post this at the (other) site S4L.

    TheHalf™



  • Wed, Mar 18 2015 9:03 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Well exuse me. You are either a MAD loser or some one who does not have a clue. Get a life NY will not give you your license back untill they are ready. I was able to overcome it. Take care.

  • Fri, Mar 20 2015 11:15 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I have recently heard that a couple of people I know who are looking at either a 5 year wait or life time denial have pursued obtaining a drivers license in the states that are not part of the national drivers compact/registry Tennessee one person said.  Even though you cannot drive in NYS at least you can drive in another state and driving sure makes relocating and getting a job a bit easier.

  • Fri, Mar 20 2015 11:18 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    If any one on here has any info or experience with licensing in these other states please share.  I'm relocating with in the next year, 

  • Sat, Mar 21 2015 10:31 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Well, i got my denial letter today, says i have to wait  5 years to apply...................2020...........

  • Sat, Mar 21 2015 4:30 PM In reply to

    • johnwalt
      Consumer
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    • Joined on Mon, Mar 17 2014
    • NY
    • Posts 6

    Re: New NYS Repeat DWI offender regulations questions

    I have recently heard that a couple of people I know who are looking at either a 5 year wait or life time denial have pursued obtaining a drivers license in the states that are not part of the national drivers compact/registry Tennessee one person said.  Even though you cannot drive in NYS at least you can drive in another state and driving sure makes relocating and getting a job a bit easier.

    I would like to hear of anyone getting a license in another state also. I have heard that now that we have the National Driver's Registry (NDR) all states report to it so non-compact states now get all the info. You can google the registry.

  • Sat, Mar 21 2015 4:51 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    johnwalt:

     

    I have recently heard that a couple of people I know who are looking at either a 5 year wait or life time denial have pursued obtaining a drivers license in the states that are not part of the national drivers compact/registry Tennessee one person said.  Even though you cannot drive in NYS at least you can drive in another state and driving sure makes relocating and getting a job a bit easier.

    I would like to hear of anyone getting a license in another state also. I have heard that now that we have the National Driver's Registry (NDR) all states report to it so non-compact states now get all the info. You can google the registry.

    **It's funny that it is a FEDERAL requirement for state DMVs to check license applicants against the NDR and it was the State Governor's association that came up with this shyt along with the NTSHA. The fact that NY's laws are now much stricter makes it damn discriminatory to NY'ers compared with most other states. The fact that we got caught DUI here has damned us until we are cleared.. BULL..

    Check THIS 

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

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