New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Sat, Apr 18 2015 11:22 AM In reply to

    • Niecie
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    Re: New NYS Repeat DWI offender regulations questions

    Hi and thank you so very much King Cuomo for the info.

    Smiles!! 

  • Sat, Apr 18 2015 11:24 AM In reply to

    • Niecie
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    • Posts 49

    Re: New NYS Repeat DWI offender regulations questions

    Hi and thank you so very much for the info. 

    Smiles!!

  • Tue, Apr 21 2015 7:34 AM In reply to

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

    I have received word that on june 2 2015 the case will be gheard at the Robert Abrams building .

    Mr. Sills Esq. and Acevedo .

    case# 520060 

  • Sun, Apr 26 2015 7:52 PM In reply to

    • M W
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    Re: New NYS Repeat DWI offender regulations questions

    If the lower court dismissed all the cases so far, why would the higher courts change?

  • Sun, Apr 26 2015 8:35 PM In reply to

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

    The hope is as you go higher -the rule gets more revealed as unconstitutional .

    It was a rule -never voted on by legislature .Now the dmv is a new branch of government . 

  • Sun, Apr 26 2015 9:10 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    M W:

    If the lower court dismissed all the cases so far, why would the higher courts change?

    If the lower courts always got every ruling right we wouldn't need any appeals courts. :-) No matter how many cases the trial court dismissed or held against the petitioner, until a higher court hears the issue and settles it there is a possibility that the higher court will come to a different conclusion than the trial court did.

    As I've said before in the other thread on this, I think it very unlikely that the emergency rule will be found to violate the federal constitution. Perhaps, though, a court may hold that it violates the New York constitution or NY state statute. Executive branch agencies have the power to issue regulations, that's part of the executive branch’s functions, so the DMV is not trying to be a fourth branch of government here. However, agencies do not have the power to issue just any regulation they wish. They must issue their regulations pursuant to some statute that authorizes the agency to issue the regulations and the agency must follow the procedures set out in the statutes for rulemaking. The federal government and most states (including New York) have some version of an administrative procedure act that spells out exactly what an agency must to when issuing regulations to make the regulation valid and enforceable. Perhaps the DMV is most vulnerable here in issuing this as an emergency regulation. Those are only supposed to be issued in circumstances where immediate action is required, and I wonder what the DMV claims was the urgent circumsance that justified using the emergency regulation process. In any event, there may be a variety of issues being raised in these cases to attack the regulation and perhaps one of them will work.

  • Mon, Apr 27 2015 2:04 AM In reply to

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

    So let's say the court rules against this. How will this all go down or will 3,000 people be running to the DMV to apply for their license. BTW I fall under this rule and haven't been able to drive since 07, I did my 5 year revocation and all the other counseling and programs and probation and fines etc. And I found out last month I have to wait an addtnl 5 years under new law..so Its already been 8 excruciating and hard painful years trying to maintain my home and family and still have all the responsibilities as everyone else but without one important tool. My license.

  • Mon, Apr 27 2015 2:18 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    m j c04:
    So let's say the court rules against this. How will this all go down or will 3,000 people be running to the DMV to apply for their license.

    What happens will depend greatly on exactly what the court holds and what each applicant’s situation is. There is no way to tell at this point how that will play out. 

  • Mon, Apr 27 2015 2:27 AM In reply to

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

    Hopefully somthing will give..its tough to be the man of the house with a 3 month newborn at home depending constantly on mom to get around who works full time now..this regulation really is horrible and each individual case should be looked at...some people DO change

  • Mon, Apr 27 2015 8:23 AM In reply to

    • M W
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    Re: New NYS Repeat DWI offender regulations questions

    How are you m j c04? What is your situation? How many Dwi's/ points?

  • Mon, Apr 27 2015 8:31 AM In reply to

    • thehalf
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    Re: New NYS Repeat DWI offender regulations questions

    @ Taxagent

    On page 19 KingCuomo has a post and within that post it reads:

    "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." Can you please explain what is meant by 'test cases'?

    TheHalf™

  • Mon, Apr 27 2015 12:18 PM In reply to

    • M W
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    Re: New NYS Repeat DWI offender regulations questions

    How are you half? I believe test cases are cases that are brought to the judge to see if all the other cases are worth fighting for. I could be wrong though. Have a good day.

  • Wed, Apr 29 2015 10:52 AM In reply to

    • M W
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    Re: New NYS Repeat DWI offender regulations questions

    Has anyone heard anything else?

  • Wed, Apr 29 2015 9:44 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    thehalf:
    Can you please explain what is meant by 'test cases'?

    Very generally, when a court has a large number of cases with the same issue involved, especially if those cases are all filed by the same attorney or group of attorneys, the court will select a case or small number of those cases that are representative of the entire group as the cases that will go forward with litigation. Those cases are the test cases. The litigation on the remaining cases is stayed until those test cases are completed.  The outcome on the legal issues in those test cases then determines the law that will be applied to all the remaining cases in the group. It's a way to streamline litigation and save time and expense for everyone involved.

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