New NYS Repeat DWI offender regulations questions

Latest post Thu, May 25 2017 4:15 PM by Frankie K. 1,661 replies.
  • Tue, May 26 2015 4:40 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions-showup

    m j c04:

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

    It's not a matter of the courts “dragging their feet.” The courts have a huge number of cases to deal with, this is just one of many cases that the court hears. Unless the state allocates a whole lot of money to add a lot more judges to the bench (and which your taxes would pay for) cases are not going to be considered and resolved right away after filing with the court. The cases are generally handled in the order the courts get them. So each litigant just has to wait as the courts deal with the cases that were filed before they got there. Add to that that the law allows several rounds of possible appeals and yes, it can take a couple of years to fully litigate something through the court system. Note that after the appellate division makes its decision, the loser can ask for appeal to the Court of Appeals, but the appeal to that court is discretionary, meaning the Court of Appeals does not have to accept the case. Indeed, it only agrees to hear a small number of the cases that seek review by that court. So it may well be decided and finished before the year ends. There's no way to predict from here exactly how long it will take to get a final resolution of the issue in these cases. 

  • Tue, May 26 2015 8:28 AM In reply to

    • thehalf
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    Re: New NYS Repeat DWI offender regulations questions-showup

    From Taxagent,

    "Note that after the appellate division makes its decision, the loser can ask for appeal to the Court of Appeals, but the appeal to that court is discretionary, meaning the Court of Appeals does not have to accept the case."

    Good info, thankx.

    TheHalf™

  • Tue, May 26 2015 9:11 AM In reply to

    • JW NYC
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    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.  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.

     

  • Tue, May 26 2015 11:03 AM In reply to

    • GCB
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    Re: New NYS Repeat DWI offender regulations questions

    Does anyone know of another state that would issue me a drivers lics. igf NYS DMV denied me? Thank you,

    GCB

  • Wed, May 27 2015 11:52 AM In reply to

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

    Hello GCB, you can look into Colorado. There are also 5 states that don't belong to the states compact on sharing information but all states look at the National Driver Registry to see your driving record. Wether they license you or not is up to that state.

  • Wed, May 27 2015 2:12 PM In reply to

    • GCB
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    Re: New NYS Repeat DWI offender regulations questions

    Hi M W, Thank you for responding to my post. Do you know if California belongs to the states compact on sharing? That is were I am currently living and was going to give it a shot and see if they would issue me a drivers lisc. I could set it up to take permit test and road test in the same day and be diriving by that nite, but do not know if I will even get to take the road test.

    This new law has really hurt me while trying to build a new life and was not in effect when I was convicted for my last DWI back in 2009. I have not driven since and have been jumping through hoops for 6 yrs, with probation and Oasis counseling with the hope of getting a drivers lics. back. And the thousands of dollars spent and countless hours for NOTHING. If the law was in effect when I was convicted I would have done the jail time and been done in 2/10 with NYS. I would not have paid $750 for assessment fee/fine and $100 to reapply. People are getting rich from DWI's, and this new law will not stop it or stop people from being killed by dwi. All cars would have a device in them to prevent it just like air bags if they wanted to reduce dwi's and make a impact on the deaths etc. Sorry for the venting and thank you again for your time and response. GCB

  • Mon, Jun 1 2015 10:30 AM In reply to

    • thehalf
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    Re: New NYS Repeat DWI offender regulations questions

    Tomorrow (June 2, 2015) is a big day for many of us here in N.Y. State as oral arguments commence in the Acevedo case by Atty. Eric H. Sills.

    And on a related topic: http://nypost.com/2015...

    And I'll be following that story closely as he is the one who passed those draconian NYSDMV regulations and made them retroactive in the first place!!!

    TheHalf™

  • Mon, Jun 1 2015 11:07 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I am curious to know if anyone will attend tomorrow? I definitely wanted to be there but have some obligations this week. I will plan to attend this case at least once if it continues and/or a few of the other test cases if possible. If anyone attends and learns anything interesting please share. This is probably the first time the court system is going to give an honest look at our grievances. What a game changer this would be if we won this first round!!!

  • Wed, Jun 3 2015 3:06 AM In reply to

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

    great link. thank you .

    If they get cuomo . it should stay with him forever and destroy any chance of this man

    from tarnishing new york state ever again . used to love new york . Not one accident in my entire life . i do think this is also the resigning dmv director as well. any thoughts . 

     

     

     

     

     

  • Thu, Jun 4 2015 5:01 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    It's hard to get a good sense of how the appellate court will rule from most oral arguments. The briefs that are submitted are usually more important in persuading the court than oral argument. The judges will have an initial view of the case outcome after reading the briefs and doing their own research on it. Oral argument is used to address any particular points that the briefs may not have covered adequately or on which the briefs were not entirely clear. If a judge is sitting on the fence or if oral argument reveals something that had not been previously discussed in the briefs then the oral argument might make the deciding factor in the judge's decision. 

  • Thu, Jun 4 2015 7:25 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Taxagent:

    It's hard to get a good sense of how the appellate court will rule from most oral arguments. The briefs that are submitted are usually more important in persuading the court than oral argument. The judges will have an initial view of the case outcome after reading the briefs and doing their own research on it. Oral argument is used to address any particular points that the briefs may not have covered adequately or on which the briefs were not entirely clear. If a judge is sitting on the fence or if oral argument reveals something that had not been previously discussed in the briefs then the oral argument might make the deciding factor in the judge's decision. 

    Hopefully Sills presented to the judges just how unfairly every one of the complainants and their families were dealt a devastating blow to the gut when the DMV / Governor teamed up to put an end to the DUI driving problem in our fair state.  It has not affected anything execpt escalate the number of un-licensed drivers out there on the NY roadways..  Our recent court blotter pages are evidence of the outright failure of the draconian regulation.  It's a shame our State Legislator's don't 'grow a set' and right Andy's wrong and write legislation that both gives repeat offenders who have old baggage a chance and also is firm and treats new repeated cases with more..  teeth.  This will be both post-enactive and fair notice to all of NY's drivers.  But that's just me and I'm nothing but a potential and dangerous hazard on the roadways?!?!  I gotta get a bumper sticker on my car so nobody gets near me!!

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

  • Sat, Jun 6 2015 12:58 PM In reply to

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

    How are you today Screwed4Life? Why do you think it seemed that the judges did not like the dmv judges/arguments?

  • Mon, Jun 8 2015 5:46 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    TWall:
    The DMV said that the Legislature has NOT limited the Commissioner's ability to deny a license. Well, if the Legislature hasn't limited their ability, it's unconstitutional because as the court ruling states above, "the Legislature is constitutionally required to furnish the agency with "rules and principles." But the DMV is stating that the Legislature hasn't put any rules or principles on them denying a license.

    It appears that the judges who "gave him (DMV) a lot of questions about where their authority began and ended" were not pursuaded by the DMV's poor use of word play.

     

    EXACTLY!  And in holding up relicensing to apply the new rules (in their own words to those affected by the new rules in 2011 and early 2012)  "fairly" they also abused their authority!  Maybe the light at the end of the tunnel isn't a train?  We'll see in September whent he results come out.

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

  • Tue, Jun 9 2015 6:52 AM In reply to

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

    If what Twall posted is correct then it does not seem like there is much to think about as far as the legality of the regulation. I also wonder what pressure our snake of a Governor can put on the appellate courts decision process. I live in Buffalo, and on the news last night wivb channel 4 had a news brief on how the new law has denied 7500 people and counting.

  • Tue, Jun 9 2015 9:33 AM In reply to

    • flyingv
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    Re: New NYS Repeat DWI offender regulations questions

    From what I've been reading, our illustrious governor has bigger things to worry about...like a federal corruption probe.

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