New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Sun, May 17 2015 12:27 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Thank you all for sharing your thoughts and helpful information in regards to this matter.

    Especially those who share the specifics, details, and progress of pending cases being handled by Mr. Sills and other firms.

    I, like most of you, am in this very frustrating, difficult, and demoralizing situation.

    I contacted the law firm of Mr. Sills after receiving my denial of appeal decision in November of 2013.

    Unfortunately. I was unable to retain his services, as I simply could not afford it.

    But he made me aware of the many who were in the same situation as me and the possible, even though small chance, of some legal recourse or relief through the courts.

    It is my guess and my hope, that if there is any fair or rational resolution to this matter, it will be way of Mr. Sills efforts.

    I wish I could be a source of useful information and support for those who come here and need it most.

    But it is for these reasons that I find myself here and I want to thank you all in advance for your help.

  • Mon, May 18 2015 4:10 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Nice screen name..  First off-  Get help and come to grips with your addiction and eradicate it from your life forever.  Only then can you be a better person and worthy of another chance..  OK?

    Although you cannot afford to become part of the suit, YOU can still make some noise to your elected representatives..  Look up your legislators and fire them a note or even give them a call and share how utterly life-debilitating losing your ability to drive to and from work and earning a living really is.  Remind them that Cuomo & Fiala's solution is nothing even close to being one.  Giving folks who erred in the past no chance whatsoever to redeem themselves is in no way the solution to the DUI problem this state needs as it either criminalizes or incarcerates otherwise good individuals.  Re-punishing folks for past mistakes is unfair and never should have been allowed to happen in the first place.  I see nothing at all wrong with the new law but it should not have been applied to past offenses as there was no notification or due process..  How many folks would have handled thier cases differently?  I'm sure I would have!

    **What will people who have been left no other choice do to survive?  They will break the law and drive anyway or go onto the public dole with welfare.  Look at the escalating occurances of DWI/AUO violations all over this state and think about Cuomo's so-called 'solution'..  It couldn't be anything further from the truth..  

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

  • Mon, May 18 2015 5:24 AM In reply to

    • Niecie
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    • Posts 49

    Re: New NYS Repeat DWI offender regulations questions

    How about making  the state responsible?  They makes millions in revenue on the liquior sales tax for every drink sold in any establisment.  Dinner, diner, bar, sporting, concert and the beach too.  There are no requlations on how much alcohol a person can be  served.  In NH they will not make Long Island Ice tea or any other drink with more than a single shot of liquior.  Nor are they allowed to serve shots at some places.  I do not know if this is a state mandate or not.  Cuomo should stop feeding  the masses and have establishments put limits on the amount of alcohol someone is served.  They put it out there so clean up the mess you have made in house.

  • Mon, May 18 2015 7:10 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Niecie:
    How about making  the state responsible?  They makes millions in revenue on the liquior sales tax for every drink sold in any establisment.  

    While I don't support the retroactive nature of the regulation that started the other thread, the state is not responsible for people drinking and driving. The people who drink and drive are responsible for that. Everyone who drinks has the power to make the choice not to drive. When they do drive after drinking, they can't really then complain about being hit with the consequences for that, so long as those consequences were on the books at the time of the offense. Anyone driving after drinking or doing drugs that impair the ability to drive puts everyone else on the roads at greater risk for harm. I don't have a lot of sympathy for that — I lost several members of my family to a drunk driver. If you want to convince Albany to change the rules, arguing that the state is to blame for drinking and driving and thus implying the driver shouldn't have to accept the responsibility for his/her actions isn't a winner. 

    As for tax revenue from alcohol, as I've pointed out out in the other thread, NY gets less than 1% of its revenue from alcohol taxes. While it does amount to millions of dollars, it's a drop in the bucket to the state budget. For example, in 2011, NYS took in $229,718,722 from alcohol taxes and the total of all taxes collected was $58,164,862,103. That means that alcohol taxes accounted for just 0.4% of all tax revenue for NY. It's just not the big money maker people assume it is. 

  • Mon, May 18 2015 10:24 AM In reply to

    • Niecie
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    • Posts 49

    Re: New NYS Repeat DWI offender regulations questions

    I am not stating blame.  There are over 200 dry counties in the US and partial as well.  Partial is sonething that should be considered in my opinion.  Again my opinion.  I really dont care about yours so please refrain from commenting.  I feel sorry for your clients as you seem to have way to much time on your hands.  I think everyone should be responsible for their actions but clearly that is not working.  just like there are speed limits to keep people safe on the roads there should be limits on alcohol consumption.  Again my opinion.

  • Mon, May 18 2015 7:11 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Anyone hear how the oral arguments went with sills? Or is that still coming up?

  • Tue, May 19 2015 10:13 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    This is a time when we all need to stick together. Prayer helps and it works, ask every one you know to include in prayers. June is coming up quick. Everyone is frustrated and reaching the end of their ropes, arguing amongst ourselves does not strengthen our cause only weaken it. 

  • Tue, May 19 2015 10:13 AM In reply to

    • KingCuomo
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    Re: New NYS Repeat DWI offender regulations questions

    give me strength:

    Anyone hear how the oral arguments went with sills? Or is that still coming up?

     

    June 2

  • Thu, May 21 2015 5:33 PM In reply to

    • JW NYC
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    • Posts 16

    Re: New NYS Repeat DWI offender -suggested for june 2 by

    parties in the case to show up at the hearing . 

    A face or faces to the abrupt law will go a long way as a judge sees the real harm in not knowing . 

    many here were not informed of this law already enacted while pleading a case to whatever penalty . DMV rules are not usually understood until that forever-denial letter comes.

     Robert Abrams Building for Law and Justice in Albany -june 2 2015 @1pm .

    good luck 

  • Fri, May 22 2015 9:57 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 -suggested for june 2 by

    Eric Sills told me that the dmv has granted only one discretionary license but he's trying to find out why. I'd love to know the reason why they granted it.

  • Sun, May 24 2015 9:58 PM In reply to

    • JW NYC
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    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions-showup

    I have not spent a lot of time on this forum . anyone can copy to put in the right place .It is not a class action suit -yet it is similar if by a few "test" cases likely to resolve  the  issue of the legality of the dmv regulation . 

    oral argument commences @ Robert Abrams Building for Law and Justice in Albany -june 2 2015 @1pm .

    The idea I was told was for as many people damaged by the timing or not knowing about it during a courtroom plea after it was enacted in 2012 to be there if that is a possibility .good luck 

  • Mon, May 25 2015 6:32 AM In reply to

    • m j c04
      Consumer
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    • NY
    • Posts 110

    Re: New NYS Repeat DWI offender regulations questions-showup

    Is there a possibility of an adjournment or anything else like that on June 2nd or is there going to be some sort of decision made on this day. I would hate to walk all the way from buffalo to Albany and take a day off work because I can't drive and find out that its getting postponed

  • Mon, May 25 2015 9:33 AM In reply to

    • JW NYC
      Consumer
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    • Joined on Tue, Apr 21 2015
    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions-showup

    tell them you walked from buffalo -

    fake some kind of leg attack in front of the judge .

    say your legs are paralyzed -demand an ambulance . 

    that will get their attention .

     

     

  • Mon, May 25 2015 2:43 PM In reply to

    • thehalf
      Consumer
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    • NY
    • Posts 71

    Re: New NYS Repeat DWI offender regulations questions-showup

    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 (Mid-July to late August). 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.*****

    There will be no adjournment in this matter (unless God himself request one), anyhoo there are quite a few cases on the docket that day so you need to be patient, relaxed and rationale.

    TheHalf™

    P.S. Info courtesy kingcuomo.

  • Tue, May 26 2015 2:19 AM In reply to

    • m j c04
      Consumer
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    • Joined on Mon, Apr 27 2015
    • NY
    • Posts 110

    Re: New NYS Repeat DWI offender regulations questions-showup

    Thanks for the info...seems like it will be next year by the time something happens the way the courts drag their feet..

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