New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Sat, Jun 13 2015 2:24 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    M W:

    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.

    I believe it's an attempt to generate some good press for the gov.  He's been getting lots of bad.. 

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

  • Sat, Jun 13 2015 12:10 PM In reply to

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

    How are you screwed4life? In that news brief they didn't mention the snake cuomos name at all.

  • Sat, Jun 13 2015 5:11 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    M W:

    How are you screwed4life? In that news brief they didn't mention the snake cuomos name at all.

    https://www.governor.ny.gov/news/governor-cuomo-announces-more-7500-dangerous-drivers-kept-new-yorks-roads-due-tougher

     

    This is what you saw:  https://www.youtube.com/watch?v=VORSpMQqKSg

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

  • Sat, Jun 13 2015 6:21 PM In reply to

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

    Thanks for the clip Screwed4life, anything to make the snake look good right?

  • Mon, Jun 15 2015 8:45 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Oh My God! I had no idea this forum had moved! I have been checking the other thread since November! I am so very glad to have found this! I have been wanting to share my circumstances (which are unique to any that I have seen on here, and should be interesting), but I have to catch up! Please don't stop this! lol Is there not some way to let others know this discussion has moved? I am still not quite understanding why the other thread had to shut down. Just because the Commissioner's son was insulted? Please how insulted are most of you? I am so insulted I can't read my own mail! I also live in Buffalo!

     

    John B!

  • Tue, Jun 16 2015 4:29 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    It was revealed on the Fox News Kelly File show that law enforcement officers of various departments are upset with the governor of New York, Andrew Cuomo, for interference in their efforts to hunt down 2 dangerous, escaped prisoners. In an interview with Judge Andrew Napalitano, it was revealed that just as New York State troopers and other cops were getting a bead on the prisoners, with the use of scent-tracking dogs, the Governor stepped in and diverted the whole effort to him taking a tour (news cameras in tow), with all the look of some kind of publicity photo-op.

    In addition, there it was revealed that the prisoners, while still in the prison, were mishandled. Besides the favors granted by Joyce Mitchell, which has been so publicized on the news, what has not been so well covered is that these high risk prisoners, in a maximum-security institution, were being allowed to walk around freely, in civilian clothes, and not be eye-to-eye checked every 1/2 hour, as required.

    In the early morning of their escape, they had not been personally checked from 10 PM clear to 5 AM, many hours later. In addition to the report on the Kelly file about the State troopers frustration, the internet is burning up right now with stories about this, presenting various scenarios of interference on the Governor's part, including short funding which cops think is hampering the search too. All this will likely grow to a bigger thing over the next few days, despite Gov. Cuomo's obvious desire to keep it quiet.

  • Tue, Jun 16 2015 4:45 AM In reply to

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

    John b what's your situation I'm from buffalo also

  • Tue, Jun 16 2015 1:15 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Been reading this post for a while and I figured it was time to share my situation. Although everyone on here is clearly and unfairly being screwed by this regulation, I feel my situation really demonstrates how ridiculous it really is.

    First off, in 2011 I lightly rear ended someone in a traffic jam. He had a little damage and wanted a police report. When the cop showed up, he informed me that I had no insurance so he charged me with driving w/o insurance. When I spoke to my insurance agent he informed me that I had a 2 week lapse and that they had mailed the bill to the wrong address. He wrote me a letter to show the judge stating what had happened. The judge dismissed the charge and I thought that was it.

    About 2 months later I received a letter from dmv stating that it was brought to theyre attention that I had an accident with no insurance so I was revoked for 1yr. Fortunately, that was pre regulation, so I was able to get a restricted license. 

    So following the year I went to dmv to get my license back. Like everyone else I suppose, I was told that my application had to be reviewed by the driver improvement bureau. Then I received the news. I am considered a "persistently dangerous driver". I can NEVER have a drivers license in the state of NY again. Which as we all know that translates to never having a drivers license in the U.S. ever again.

    Now for the best part. My 3 "alchohol related" offenses include the following, 1) 1990. I was 17yrs old. I was under the legal limit but was under age so I was charged with DWAI. 2) 1991. 18yrs old. Same exact situation. 3) 1998. 24yrs old and I caught my 1 and only misdemeanor DWI. Not that it matters but I wasnt even driving. I was in my car sleeping it off because I felt I was to drunk to drive. Unfortunately it was cold out so I had the car running with the heat on. 

    I did 3yrs of probation without incident, which included going to AA meetings the entire 3yrs. which included having an attendance sheet signed at every meeting for my p.o. Completed a 1 year outpatient program without incident. And, didnt drive for the entire 3 years. Paid my lawyer and all fines.

    In other words, I paid my debt to society and judging by the fact that my most recent offense was almost 2 decades ago, I think most intelligent people would say I learned my lesson.

    I also have over 20 points on my license. This is total BS because from the day I got my license at 16yrs old I was told that all points come off your license after 18 months. Now all of a sudden they stay with you for your entire life. Also, approx 85% of all of those points came before my DWI in 1998. I will def admit being a bit of a reckless kid. But like most peole, at the ripe age of 42 I'm not even close to being that kid now. Today I have a career, a mortgage and a family that is all put at risk due to one mans (cuomo) stroke of a pen. I havent had a moving violation in 10yrs. 

    Instead of writing crappy books, pretending to fight corruption, ruining police investigations and stomping on the constitution, the man should grab a dictionary and look up the words "persistently, necessity and emergency"!!!! Maybe then he'd realize what we already know, that he's full of SH#% !!!!!!!

    Oh, I also did both appeals and both times I was shot down.

    Good luck everyone.

    Fingers crossed that the judges see the light

  • Tue, Jun 16 2015 2:28 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    cuomo has destroyed more newyorkers lives than any other politician in history

  • Sun, Jun 21 2015 1:34 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    this  may be helpful ?

    http://www.nycourts.gov/ctapps/decisions.htm

     

     

  • Sun, Jun 21 2015 4:11 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    persistentlyignorantgovernor:

    Been reading this post for a while and I figured it was time to share my situation. Although everyone on here is clearly and unfairly being screwed by this regulation, I feel my situation really demonstrates how ridiculous it really is.********

     

    In other words, I paid my debt to society and judging by the fact that my most recent offense was almost 2 decades ago, I think most intelligent people would say I learned my lesson.

    I also have over 20 points on my license. This is total BS because from the day I got my license at 16yrs old I was told that all points come off your license after 18 months. Now all of a sudden they stay with you for your entire life. Also, approx 85% of all of those points came before my DWI in 1998. I will def admit being a bit of a reckless kid. But like most peole, at the ripe age of 42 I'm not even close to being that kid now. Today I have a career, a mortgage and a family that is all put at risk due to one mans (cuomo) stroke of a pen. I havent had a moving violation in 10yrs. 

    Instead of writing crappy books, pretending to fight corruption, ruining police investigations and stomping on the constitution, the man should grab a dictionary and look up the words "persistently, necessity and emergency"!!!! Maybe then he'd realize what we already know, that he's full of SH#% !!!!!!!

    Oh, I also did both appeals and both times I was shot down.

    Good luck everyone.

    Fingers crossed that the judges see the light

    You may be able to get your license back after the newest offense is over 25 years old per the regulations in DMV's website.  

     

    I feel your pain as I am in the 'shytty driver's' NY DMV bucket as well.  I have my license back now because I only have one DUI in 25 years but the fact that when I was 20 years old in 1980 and got a DUI is screwing me until after 2023.  (1998 DWI as well)  

     

    **If I get any high-point ticket ar have an accident or anything that sparks a DMV record review before then, I'm walking for two more years per the new guidelines cooked up by Tedesco, Cuomo and Fiala.  The trifecta still applies to me up to that point.  3 lifetime DUIs with one in the last 25 years which sparks the lifetime review.  I've contacted every state lawmaker including Andy himself pointing out that the rules as written are totally unfair to Older NY citizens who had problems then confronted and fixed them.  It should only look at the recent record (15 years) and not since you were born.  I wonder how many $$$$ he put in his greedly pockets along with Jim T. to come up with this draconial regulation to wreak life destroying ramifications on individuals like yourself who, as you said, plead the case out decades ago and paid the fines and did the counseling and corrected their drinking ways.  I'm 54 and losing my license almost ended my life and destroyed me if it were not for some great people who stepped up and got me through the 4 years of ***heck I had to endure.  God works in mysterious ways and I thank him every day for the help as I was totally at the end of my rope..  Cuomo isn't worth my life and I live to see KARMA give that *** a big kick %%&@#%!  

    Find out who your State Senator is and your local Assemblymen.  Express to them what you have put into words here how this perversion of a regualtion has all but made (legal) life impossible for not only you but thousands of other NY citizens with the new law's over-reaching and ultra-punitive nature.  I had a half hour call talking with my Senator about how Cuomo's so called emergency regulations have all but destroyed my life and how I now live in jeopardy of losing it again.  Contact them and state your feelings leaving the expletives out of it and state your situation and concerns in a orderly and logical way and you will find that they may just well agree with you.  Mine did..  If the MADD folks are the only ones making noise-  who will they listen to if nobody who is affected speaks up?  

     

    The past is the past in many cases and yes, there are some cases where the abuse still is entrenched in the individual and yes, they should rot in jail because they will not stop drinking and driving until they are there or dead.  No regulation will ever protect the public as well as a properly thought out and administered IID for DWI drivers and stiff penelties for those caught not using it.  PERIOD!  NY could mess up a wet dream with it's folks that keep putting Cuomo in power then *** when thier rights are gone.  It's hard as ***heck to get them back once they are.  

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

  • Mon, Jun 22 2015 9:01 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    According to MADDs website, drunk driving fatalities in NY state went from 340 in 2012 to 364 in 2013.

    Great job Albany and DMV!!!!

    They claim these regulations are not punitive and are in the intrest of public safety. At what point does someone in Albany step up and say " Whos the f%*×&ng bozo that comes up with this c%#p????

    There were 0 fatalaties when Cuomo banned driving for the entire state of NY because we had a couple of snow flurries this past winter. Remember? He was on the news warning the whole state that it was a CRIME to drive your car that night.

    Maybe the genius should just ban driving in NY state period. Then at least he wouldnt be lying when he says he made the roads safer.

    He could even make a speach saying "Theres no room in the state of NY for peole that drive cars".

  • Tue, Jun 23 2015 12:52 PM In reply to

    • GCB
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    Re: New NYS Repeat DWI offender regulations questions

    It's all about the money and not saving lives. Dwi's in NY is a huge industry and making alot of money for the state, and the monopoly Oasis program. I feel if they really wanted to stop dwi's or reduce them dramtically, there would be a device in every car like airbags. I received a denial letter dated 4/28/2015. It just said denied. No other options except the unusual, extenuating and compelling circumstances letter that I can submit within 30 days of the date posted on letter. Also that I can file an appeal contesting the denial itself. From what I've read about in Mr. Sills hearing with DMV, all the actions regarding denials from DMV are "unconstitutional". I am thinking of appealing my case, and beleive I have 2 days to decide and submit. Another long shot. I tried to apply in California today for a learners permit and was denied because they said I had something outstanding in NY. They said it could be any kind of ticket and maybe I could take care of it over the phone. Which indicated to me that they do not see the reason.

    I do think driving under the influence of any drug is wrong and there should be some consequences for that action, but when I was convicted in 2009, did 4 months in jail, completed an Oasis program, completed 5 years of probation, spent thousands of dollars on lawyers, fines, taking low paying jobs to meet requirements for probation and counseling I would be able to get my drivers license back. 2012 rolls around and all bets are off. If this law or whatever you want to call it was in place in 2009 when I went to court. I would have taken 8 months in jail and been done in 2010. No probation for 5 years and no Oasis counseling. I would have wasted 5 years of my life and thousands of dollars and 5 years of aggrevaition too boot. I am going to try and find a state which might grant me a licenses. Does anybody know of any? I hope all who have or had dwi's know that they might never drive again and get good up to date counseling from a lawyer before wasting time on Oasis and probation like I did. I wish I could afford to take out a full page in NY times and make Dwi offenders and future offenders aware of the consequences in NY state. I think ilegal aliens can get drivers licenses in this countryand how do they check their driving records? I am willing to pay the price for my past mistakes, but the price you pay can change along the way in NY State. Sorry about the venting and best of luck to all.

  • Tue, Jun 23 2015 8:37 PM In reply to

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

    How are you GCB? Please don't apologize for venting on this matter, it's quite alright. If you have read what TWALL has posted about the lawsuit it offers hope. I'd also like to say thank you to TWALL for the post of hope. The emergency regulation is quite ridiculous in my opinion. The state is saying that we have an emergency, that dwi is bad, but we are going to let you be convicted twice for your money and then when you get your third, fourth, or even fifth only now does it become an emergency. The first or second dwi convictions are not emergencies, just the third. Id also like to tell people for some hope that in the event of a permanent  lifetime revocation you can still apply after five years. In order to do this you must NOT get caught doing anything with a gas powered vehicle on the road. Notice I said gas powered. If you live in a rural area as I  do and a cop wants to be ridiculous, he can give you a ticket for being on the road even if you are just turning around while mowing your lawn. As we all know well on this site you must have a certified oasis provider give you documentation that you don't have a drug or alcohol problem within one year prior to submitting your application. You also must receive a certificate of relief from civil disabilities or a certificate of good conduct. You can only obtain a certificate of relief from civil disabilities if you have only one felony. If you have two or more felonies you can obtain a certificate of good conduct. I hope this might give some of you a bit of hope. I also hope that  the Eric Sills Acevedo case has an outcome we are all in need of. Again, please read what TWALL posted on the unconstitutionality of the dmv. Good luck everyone and keep your head up. Have a great night.

  • Wed, Jun 24 2015 5:55 AM In reply to

    • thehalf
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    Re: New NYS Repeat DWI offender regulations questions

    First I must say again  the OASAS program(s) and the DDP program here in NYS are only gonna benefit first time offenders NOW (providing there was no personal injury, no vehicular damage all in all nadda). There's no more second chances here in NYS. 

    If you applied for relincensure before 9.25.2012 ( I applied in Oct. 2011) then you have hope that Mr. Sills will win the decision in the Appellate Courts of NY.

    Now remember this isn't all about DWI/DUI it's about anything that incurrs HIGH POINTS on your driving abstract. I have two dwai's (first in 1988, second in 2000), one dwi (.08% 2009) and two speeding tickets from the early 90's (no alcohol involved) 95 in a 55 and >120 in a 55 and that was used against me on 9.25.2012 to extend the revo. an additional five years. That is why Mr. Sills needs to win not just because of my case or others but because of the RETROACTIVENESS of those flippen regulations.

    TheHalf™

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