New NYS Repeat DWI offender regulations questions

Latest post Wed, Apr 26 2017 12:59 PM by Mule skinner. 1,532 replies.
  • Sun, Oct 9 2016 5:55 PM In reply to

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

    Im talking about a way to do it legally..Is that possible? This guy did it when he was well into his 40's..It was a different time (1970's) though...

  • Mon, Oct 10 2016 4:19 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Billy G:

    Im talking about a way to do it legally..Is that possible? This guy did it when he was well into his 40's..It was a different time (1970's) though...

    You can legally change your name, but all that will do is just that, change your name. After you changed your name you'd then inform SSA of the name change and it will give you a new card but your SSN will be the same. Your driving history would still follow you. Trying to do a name change to try to make the state think you are someone else and thus free yourself from your driving past would amount to fraud, and that could get you a whole lot of legal trouble.

  • Sun, Oct 30 2016 3:37 AM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    Hello is anyone else here with 3 dwi's who can get their licence back ?

  • Tue, Nov 1 2016 3:35 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Your vague question begs me to wonder; are you someone with 3 DWIs  who got your license bqck? You use the word "else" as if you are a number of  which has

  • Tue, Nov 8 2016 3:43 AM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    sorry; I am eligable for a drivers license in august 2017,i was wondering if anyone else is in the same boat .

  • Tue, Nov 8 2016 3:47 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Yes..  But my 3 were back in the 80's and 90's..  Old news.  It depends WHEN your 3 DUI's were convicted..  If they were recent different rules come innto play..  

     

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

  • Thu, Nov 10 2016 12:57 PM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    My  3rd. and last DWI was sept. 16 ,2010

  • Fri, Nov 11 2016 12:55 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I have a question.

    If the Dmv sends you a revocation order, but gives you a restricted license. The restricted license has the same licence number as the non restricted license. Was your licence ever actually revoked?

    Im asking because they say once your license is revoked it no longer exists when in fact it does exist it is just restricted.

  • Thu, Nov 17 2016 6:37 AM In reply to

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

    But when were your 2 prior? If they were within a 25 year period and have a (SDO) serious driving offense your screwed..If you do not have a SDO you may still have a chance..A SDO is 2 or more moving violations in which 5 points were given or a accumulation of (I think its) 25 points...

  • Thu, Nov 17 2016 7:33 AM In reply to

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

    Well I recieved and emailed my lifetime Driving record to Sills and it appears Im screwed! The violations I have on my record add up to a SDO and cannot be removed due to where the violations were recieved..Incredible! I dont know guys...If Sills does not win this case where do we go from there?

    It really gets under my skin that NY'ers are subject to never driving in their country again when people in other states do not have to suffer the same fate...They say Driving is a Privilage not a right but to me this comes down to rights...

    Its just incredibly unfair! Where is it fair that  Ny'ers have less rights then other people in other states who have more than 3 DWI's but do not have to suffer a country wide permenant revocation because their state does not have the same policy as NY?

    Where is it fair that a person from another state that does not have the lifetime revocation policy can get 8 DWI's and get relicensed in that state then move to NY getting a legit license? 

    Where is it fair that NY'ers cannot  move to another state and get a license from that state which does not have the same policy as NY yet will uphold NY's Policy when NY will not uphold their own policy on people from other states who may have 10 DWI's yet will relicense them because they have a legit license from the state they moved from?

    Bottom line is,  People in other states that have multiple DWI are not subject to a country wide permenant revoction when NY'ers are because NY has this policy while other states do not..This to me is against my rights as an American when other drivers are not subject to the same rules we are...Either each state should have to adapt this policy or we should have the right to get relicensed in another state. Especially if that state does not have such policy and allows people to get relicensed no matter how many DWI's they may have..

    Yet they will be strict on NY'ers not allowing them to get licensed in their state because NY says so! even if they do not have NY policies they will still uphold NY States policy which I believe is very unfair...What gives NY the power to rule each states decisions threw their policy?

    You guys may or may not agree but to me this is beyond privilage and comes down to rights..

  • Thu, Nov 17 2016 8:31 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

     

    I got a question to throw our there. I recently was talking to an OASAS counselor about my situation. He was surprised I did not get my license back yet, I have a permanent revocation. I asked why, I was told his facility see’s 100’s of new clients every year and they have not heard of anybody receiving a permanent revocation in over a year. Does anybody know if the DMV has changed their stance on how they interrupt the regulation with new offenders? If so, it would seem I should try to appeal again soon.

  • Thu, Nov 17 2016 9:13 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Billy G:
    Bottom line is,  People in other states that have multiple DWI are not subject to a country wide permenant revoction when NY'ers are because NY has this policy while other states do not..This to me is against my rights as an American when other drivers are not subject to the same rules we are...Either each state should have to adapt this policy or we should have the right to get relicensed in another state. Especially if that state does not have such policy and allows people to get relicensed no matter how many DWI's they may have..

    Unfair it may be, but in our system each state has the right to make its owns laws regarding issuance of driver’s licenses. Neither the federal Constitution nor any federal law compels states to have exactly the same laws on licensing. While NY might impose a permanent ban on licensing a resident of NY, it is sometimes possible that another state will indeed grant that person a license if that person becomes a resident in that other state. In other words, the NY resident with a permanent revocation might be able to get a license in some other state after moving to that state because it is that other state’s law that determines who gets a license in that state, nto NY law. Under the Driver's License Compact (DLC), each member state is obligated to honor the revocation of another state for at least one year from the date of revocation. After that, the other state may issue a license if it decides the person will be a safe driver. Each member state of the DLC has different rules for how to implement that. And while most states are members of the DLC, not all of them are.

    Similarly, if a person with multiple DUIs moves to NY, the fact that he or she had a valid license from some other state does not automatically mean NY must give him or her a license. NY could deny that person a license if its law provides for it.

    There is no Constitutional right of yours that is violated here by having each state decide for itself what its rules for issuing driver’s licenses will be. Nothing requires that the states have uniform rules for this.

  • Thu, Nov 17 2016 9:14 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Hello,

       I will say that the 8 or 9 times that I talked to OASAS in Albany,they were completely suprised on the DMV stance,the woman Christina,is now at the DMV driver improvement bureau based on a call up there in August,they can't help.  

    I then sent an email to about 4 different emails at OASAS and did get a reply from a fella that said he could help but I have not reached out due to the fact I get too emotional when talking to anyone about my situation. I would encourage others in the same boat as me to contact Mike Yorio -646-728-4520 he works in the patient advocacy group at OASAS.

    I really need to call Mike.

    Currently, I have 3 more years on my revocation,I totally don't know how I can keep my stuff together for that amout of time.

    In the meantime,I see so many more people getting felony DWIs many are getting them without a license,I can't imagine what kind of proplems they will have moving forward.

    I just want my life back and vow to never ever drink and drive again....please get me back to driving again.

  • Thu, Nov 17 2016 8:51 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

    I feel your pain but atleast your on the path to getting it back! My last DWI was in 2008 and I havent driven since with my future driving privilages still in limbo

    My last one was my third in which I did 16 weekends in jail and was put on probation for 5 years...If I'd had known then what I know now I would have asked the judge for 1 year of weekends without probation as it was probation which kept me from applying for my license till the beginning of 2012 but by then it was to late...I put my application in around May of 2012 and heard crickets till November when the DMV denied me due to the policy that came out in Sept of 2012...If I did the entire year of weekends in jail I would have been free to apply as soon as I was done in which I would probably be driving again

    Thats another argument myself and Im sure many others have with the DMV..They purposely sat on applications till the policy came into effect and thats just Dirty! Anyone who had their application in prior to the policy should have had their applications approved as the policy was not in effect yet...

    Its soon going to be 9 years for me not driving and its getting very tiresome!! Having to depend on my son, girlfriend and whoever else to get around is and has been killing me! I guess I am lucky in a way that I can still get around but its no way the same as before! Its always nice to know that you can just jump in your car even if its for a cruise..In its own way this whole deal took my manhood away..I even had a very hard time dating after my ex and I split..There arent many women out there these days that look highly at a guy who cant drive..

    Its a very tough situation that I hope to god we get threw! Lets just pray that somewhere in 2017 we get good news!

  • Fri, Nov 18 2016 6:08 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Thanks for the help Mule Skinner. I made a round of phone calls and figured it out. OASAS does not see many clients anymore that have 3+ DWI's because the DMV does not recommend they seek treatment. Most of their clients have 1 or 2 DWI's and were directed to complete an OASAS program in an effort to reapply for driving privileges. If someone has 3+ the DMV does not want to recommend someone go for treatment because they will just deny them after they complete the program. Good to know NYS has no interest in offering me help to improve my life.

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