New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Sun, Apr 5 2015 9:13 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    your post,well said and how true,what law will he come out with next?not much the people can do.

  • Sun, Apr 5 2015 8:07 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    TO TAXAGENT:

    From personal knowedge, a man was convicted of stealing from his company, paid 2 years of jail came out and was informed he also lost his license?

    How does his crime affect the safe highways of New York State?

     

     

     

     

  • Mon, Apr 6 2015 12:29 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    give me strength:
    From personal knowedge, a man was convicted of stealing from his company, paid 2 years of jail came out and was informed he also lost his license?

    There must be something more to this story than just the theft/embezzlement conviction. I see nothing in the NY statutes that imposes revocation or suspension of a driver’s license simply for conviction of a theft offense. The NY rules for revocation/suspension apply to driving related offenses, certain drug and alcohol offenses that are not driving related, and failure to pay child support or pay NY state taxes.

    So, if as a result of the theft conviction and doing time he got behind on child support or NY state taxes, then his license would be suspended for the nonpayment of those things, not because of the theft conviction itself. Payment of the delinquent child support or tax obligation would restore the license. 

    But without knowing the details of his situation, I can’t comment on whether it makes sense. While I’m not in favor of suspending driver’s licenses for unpaid child support or taxes, NY is hardly unique in states that do that. 

  • Mon, Apr 6 2015 3:05 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Taxagent - not sure about the details...........i thought it was odd also?

  • Wed, Apr 8 2015 1:27 PM In reply to

    • TomCruz
      Consumer
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    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    Can anyone provide case number or reference number so we can follow the Sills case in the Apellate Court? Thanks.

  • Wed, Apr 8 2015 4:17 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    TomCruz:

    Can anyone provide case number or reference number so we can follow the Sills case in the Apellate Court? Thanks.

     

    I had to go back to the old thread to find the info..  There are a few cases still pending in the Appelate court that Eric H. Stills has that are still pending

    Click HERE

     

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

  • Wed, Apr 8 2015 6:57 PM In reply to

    • TomCruz
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    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    Thanks S4L...

    However, that link is for the past Supreme Court Cases. I'm not sure the unified court website includes the Court of Appeals because it doesnt show anything pending for Court of Appeals.

    I heard there was some openning arguments coming up or has already been presented to Court of Appeals. I guess I'll just check thru all arguments presented since January.

    If anyone who has hired Sills for Court of Appeals can get the court docket number from him and present it here that would be a great help.

    Thanks and best wishes to all involved. And stay sober. Like they say in the "rooms" it only gets better!

  • Wed, Apr 8 2015 7:52 PM In reply to

    • TomCruz
      Consumer
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    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    The court names are a bit confusing. I actually meant Court of Appeals, not as originally stated Appellate Court. And if I further confused anyone, including myself, I'm asking about this last and final appeal that is in the highest court, The Court of Appeals. Has briefs been heard and is there anything accepted by the court? Are arguments scheduled? A court docket number assigned? It would look like this... APL 2015(or 2014)-xxxx.

  • Thu, Apr 9 2015 9:01 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    TomCruz:

    The court names are a bit confusing. I actually meant Court of Appeals, not as originally stated Appellate Court. And if I further confused anyone, including myself, I'm asking about this last and final appeal that is in the highest court, The Court of Appeals. Has briefs been heard and is there anything accepted by the court? Are arguments scheduled? A court docket number assigned? It would look like this... APL 2015(or 2014)-xxxx.

    The case # is the same as it was decided but has been appealed to a higher court.  Many folks (me too) feel the outcome will be the same but Eric is holding out that it will be reversed as he has poked many holes in the regulations and how they were ;pre-applied' by the DMV refusing to process applications until the new rules were in place in 2011-12.  Meanwhile thousands of NY Citizens have been thrown to the curb for the all nighty 'Highway Safety' of all others in this state.  Guess what?  They are mostly still out on the highways and have been ready-made into martyrs for HS.  Those affected are only trying to live thier lives and this state have had taken thier freedom away with a retroactive and questionably implemented rule/regulation.  Cuomo should get his toenails ripped off slowly & painfully for doing this to his constituents.  His so called 'solution' is no such thing and only begets another larger problem..  AUO violations are omnipresent and on the rise and DWI is STILL HAPPENING.  Nothing will change as long as there is no way for anyone to EVER redeem themselves.  Have a nice trip to Cuba Gov..  Grab a few cigars while you're there..  Yes, it's confusing to figure out all that is going on with this but you will have to wait (May or June?) before it comes up again I've heard..  By the time it hits the court of appeals could be years away.  Still no releif for the people and families this crap affected.  Meanwhile, lost jobs, houses and destroyed lives is the result.  The public exodus from this state continues almost as fast as the influx off illegals across the borders!  Great job Andy!  We gotta change the states saying to:  'I left NY'!!

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

  • Mon, Apr 13 2015 11:36 PM In reply to

    • JakeJones71
      Consumer
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    • NY
    • Posts 9

    Re: New NYS Repeat DWI offender regulations questions

    Oral argument (Acevedo v. NYS DMV, et al.) is pending scheduling in NYS Supreme Court, Appellate Division, Third Dept. Index No. 2393-13, Docket No. 520060.  Estimates for scheduling are late May to early June. This comes from Sills, 3/19/15. The case is not yet in consideration of NYS Court of Appeals.

  • Tue, Apr 14 2015 3:04 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    JakeJones71:

    Oral argument (Acevedo v. NYS DMV, et al.) is pending scheduling in NYS Supreme Court, Appellate Division, Third Dept. Index No. 2393-13, Docket No. 520060.  Estimates for scheduling are late May to early June. This comes from Sills, 3/19/15. The case is not yet in consideration of NYS Court of Appeals.

     

    Got some info from another affected NY'er today.  I'll share it so folks can take a gander if thye like..

    Here's a few links to get into the legal sys. in NY

    APPELLATE DIVISION

    SUPREME COURT THIRD CIRCUIT

    SUPREME COURT APPELLATE 3RD JUDICIAL DEPT. DECISIONS

    RESULTS  Search for Fiala and all of her cases are displayed.  Take a read if you have the time & the coffee!

     

     

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

  • Fri, Apr 17 2015 12:53 PM In reply to

    • KingCuomo
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    • NY
    • Posts 64

    Re: New NYS Repeat DWI offender regulations questions

    There is finally some news to report.  The Appellate Division has scheduled oral argument in the Acevedo case.  The Acevedo case applies to all of you.  Our challenge to the new DMV regulations is similar to a "class action" in that a few "test" cases will likely resolve the issue of the legality of the new DMV regulations for everyone.  The Acevedo case was the first case that was filed.

     

    The oral argument is scheduled for June 2, 2015, at 1:00 PM.  It will be held in the Robert Abrams Building for Law and Justice in Albany.  Directions to the Court are attached hereto.  You have the right to attend the oral argument, but your attendance is not necessary.

     

    Decisions are typically rendered by the Court approximately 6-8 weeks after oral argument.  Keep in mind, however, both (a) that there are 5 other test cases, and (b) that whoever loses at the Appellate Division will attempt to appeal the case to the Court of Appeals -- which is the State's highest Court.

     

    Very truly yours,

     

    Eric H. Sills, Esq.

    Gerstenzang, O’Hern, Sills & Gerstenzang

  • Sat, Apr 18 2015 7:06 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

    Many thankx KC. But I would like to be better informed on that '"test" cases' of 5 means. Anyone with any insight please chime in.

    TheHalf™

  • Sat, Apr 18 2015 7:29 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    just got the ok for medicade,snap,when rest of my money runs out i will be on full social services,thanks gov.and comish.after 26 years being maintenance mechanic forced out

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