New NYS Repeat DWI offender regulations questions

Latest post Tue, Mar 28 2017 4:05 AM by Justitia. 1,473 replies.
  • Sun, Jul 10 2016 10:29 AM In reply to

    • tommyh
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    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    So I received my DRIVING HISTORY from ALBANY ; turns out i have 16 points threwout my 40 years of driving,I have 3 dwi's total,so i called the driver improvement buerau in albany and the agent said i was eligible for a drivers license august of 2017. I think there is hope . Perhaps this will cheer some of you up (who are in my situation.) I will keep you folks informed of my progress.FYI. my last DWI arrest was sept.16 2010  (also my last drink)  I was sentenced to 45 days in jail and my license was revoked feb. 2011

     

  • Mon, Jul 11 2016 2:53 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    It suddenly dawned on me that the only way that we're gonna get a judge to order those bastards to do their job is to prove that my rights are being violated and that injury was the result. The injury is that they have prevented me from obtaining a license in another state because they refuse to make a final determination. The "rights" issue is what has to be resolved.

    What do you think a "final determination” is? When you apply for a license, the final determination is the decision of the agency after any agency appeals are done on whether to issue you the license. That is, a final determination is the decision by the final decision maker in the agency on whether to issue or deny the license. Thus, a decision by that decision maker that "your application is denied" is a final decision. That final decision allows you then to litigate the matter in court if you disagree with the agency determination. The state does not have to give you a statement that your license is also permanently revoked unless some provision of state law says that it must. Without a statute or regulation requiring that extra step, I'm not seeing that any of your rights have been violated. Absent that requirement, all you are entitled to get is an answer on your application for the license: approved or denied. I understand your frustration that Alabama may be asking for something that New York might not be required to provide. Alabama cannot dictate to NY what form its determinations must take.

    Again, have you asked your lawyer exactly what on basis he will claim the DMV owes you what you are asking for? If not, why not? You are paying him a lot of money for this, I think you'd want to know that he actually has something that might get you the statement you want. If I was his client, you can bet I'd be asking questions about that until I was satisfied there was a decent case to pursue. Don't let him snow you with vague statements; pin him down on what exactly requires the DMV to do it. If he can't do it, that tells you something very important, and it's not good.

  • Mon, Jul 11 2016 7:19 PM In reply to

    • Billy G
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    Re: New NYS Repeat DWI offender regulations questions

    God Bless! I am awaiting my full driving history as well but I have a feeling its going to be more then 16 points unfortunately..Its a shame how they can hold against you crap that happened when we were young and dumb! People do grow up..Not all of us but some of us!

    Glad to hear of your good news! Good Luck!

  • Mon, Jul 11 2016 7:20 PM In reply to

    • Billy G
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    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    Did the history tell you the points per violation? How many points you accumulated all together?

  • Mon, Jul 11 2016 7:22 PM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
    • NY
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    Re: New NYS Repeat DWI offender regulations questions

    God Bless! I am awaiting my full driving history as well but I have a feeling its going to be more then 16 points unfortunately..Its a shame how they can hold against you crap that happened when we were young and dumb! People do grow up..Not all of us but some of us! Did the report tell you how many points per violation?

    Glad to hear of your good news! Good Luck!

  • Mon, Jul 11 2016 7:28 PM In reply to

    • Billy G
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    • NY
    • Posts 106

    Re: New NYS Repeat DWI offender regulations questions

     

    I have asked this question a few times already, Would someone care to answer it with their opinion..To me these two statements are totally different. The First statment says in the preceeding 25 years..The other doesnt..Which is it?

     

    Both are taken off the DMV website..

     

    Statement 1...Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

    Statement 2...

    In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = "Persistently Dangerous Driver"

    Permanent denial (subject to compelling or extenuating circumstances)

     

     

  • Mon, Jul 11 2016 7:44 PM In reply to

    • Billy G
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    • NY
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    Re: New NYS Repeat DWI offender regulations questions

     

    Permanent denial (subject to compelling or extenuating circumstances)

    The statement above is probably your problem...They arent classifying it as permanently permanent because if you do have a compelling or extenuating circumstance they may allow you to get a license..So they will not say its permanent..As if not being able to go to work make a living and be a productive part of society isnt compelling enough!

  • Tue, Jul 12 2016 1:16 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:
    They have not made a final decision!!! The notices that they sent me are bullshit because they do not say permanent. I say it's deliberate intent. By keeping me in limbo they prevent the other state from reinstating me. They are aware of this!!! As long as they keep saying that my application is "in progress", the decision will never be final.

    O.k, fine, they keep saying that your application is “in progress” so you have not had a final decision. You do have a right to expect that final decision to be made. When they do make that final decision, all that they may need to say is “application denied” or “application approved.” That then is a decision on your application. The DMV might not be required to take the extra step of saying "and you will never be approved because you are permanently revoked.” So the question is, when you get the final decision you seek, what will it say? If it doesn't say that you are permanently revoked then you haven’t got what you wanted. So what then is the basis for forcing the DMV to give you a statement that you are permanently revoked? Do you see the problem? It's not enough to just force the DMV to give you a final decision (i.e. you are approved or not approved). You want to get something more than that, you want a statement that goes beyond that. And you need to have something to point to that says the state must give you that before the court will order the DMV to do it.

  • Tue, Jul 12 2016 3:36 PM In reply to

    • Billy G
      Consumer
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    • Joined on Tue, May 24 2016
    • NY
    • Posts 106

    Re: New NYS Repeat DWI offender regulations questions

    Just let the man do what he wants to do instead of going back and forth a 1000 times..If he has the cash to do it, God Bless him! Hey its more then we are doing sitting in fk'n Limbo awaiting a decision that seems is never coming! Ive been chauffeured around for the past 8 years, 3 of which this case has been going! I am so damn tired of it, If I had the cash I may try to go another route like fighting the DMV for sitting on my application until this bullshit regulation came into effect just to deny me...

    They call it retroactive..Retroactive my ass...If a regulation is not in effect yet how can it be retroactive when it doesnt exist? The fight should be about the DMV not approving applications during a time frame when they should  have been approved under the old regulaltions...

    If thats the case they should go and take every license from everyone who has 3 dwi's and a SDO in a 25 year window...Just because we had bad timing we got screwed and those who hit it right are driving with worse records then some of us..Where is that fair?

  • Tue, Jul 12 2016 4:36 PM In reply to

    • Bigg Al
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    • FL
    • Posts 27

    Re: New NYS Repeat DWI offender regulations questions

    Billy G, Exactly!! It's quite amusing how some continue to bash erickench, telling this person that they are wasting their money is bull. How are changes made again??? Changes are made when regulations or laws are challenged, ALWAYS!!

    Let this guy fight his fight. He has very very valid points. If you do nothing, you get nothing.

    erickench, in my eyes and the eyes of others you are doing the right thing, you can't win a fight without fighting so I wish you the best of luck in your battle.

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