I stated that if this were a law instead of a regulation it would be shot down in no time due to the fact that it would be considered unconstitutional.
The fact that it is a regulation rather than a state statute does not make a difference in whether it violates the federal constitution. If the exact same rule would be unconstitutional as a statute then it would also be unconstitutional as a regulation. A regulation might violate the NY constitution, however, where a state statute would not because a regulation that exceeds the scope of the agency’s powers as granted either in the NY constitution or by the legislature would violate the NY constitution. And indeed, that is one of the arguments being made in the cases before the NY Court of Appeals now: that the DMV exceeded its authority and effectively acted in the role of the legislature.
It is true, though, that the legislature has the power to pass a law that revokes these regulations and replaces them with some other set of rules to deal with drivers who have repeated DUI and other serious driving offenses. However, getting the attention of enough legislators to make that happen is easier said than done. It requires a strong, consistent effort at convincing the legislators that the current regulations of the DMV are wrong and that there are better solutions to the problem. You have to keep at it; it can sometimes take several years of lobbying to get enough momentum going to get something through. If you just make a one time, half-hearted effort you’re not likely to make the impact needed to get a bill through.
My suggestion at this point is that everyone that reads this immediately sit down and write a letter to Senator Sue Serinos office.
Actually, I would suggest something a bit different: that you each write your own state senator and assembly member, talk to them when they have constitutent meetings, etc, and get your friends and neighbors to do the same. And then keep up the effort. The reason is that politicians take letters and calls from people in their own districts much more seriously because those are the people who can vote for them in the next election. Hearing from lots of their own voters is what makes the biggest impact on them.