New NYS Repeat DWI offender regulations questions

Latest post Thu, May 25 2017 4:15 PM by Frankie K. 1,661 replies.
  • Sat, Dec 3 2016 5:51 PM In reply to

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

    persistentlyignorantgovernor:

     I just received my denial from Dmv. That was my 4th time applying since 2011. In the past I've appealed and requested a "hearing" on my own, and been denied everytime. This time I will use a lawyer. ( if I can find one that wants to do more than just take my money).

     Yet I still dont understand how,  since only having 1 Dwi and that being in 1998 and 2 non dwi "alchohol related events" in 91 and 92. All of which the Dmv denied my driving privileges for a period of time. And me having done what was necessary to have my privileges reinstated, at that time. Having not comitted another alcohol related offense since. They can get away with this. 

     Im just speaking for myself but Im sure it applies to others when I say this reg has destroyed my life as I knew it. It is soley and completely based on my actions of almost 2 DECADES AGO!!!!. I haven't even had ticket for anything in over a decade before an accidental lapse in my insurance put me in the situation.. This is absurd as it gets!! By the way, I proved in court that the lapse was accidental and the judge dismissed the charges.

     Andrew Cuomo stands on a podium and brags his reg is working and keeping the roads safer.... His proof is the 1000s of people denied licences by the Dmv. I'm sure those numbers include some people that are truly a hazard to the public, but it also includes a lot of people like me. Hard working, tax paying middle class family people trying to make a living in this over taxed over governed state. People that had put the mistakes of their youth behind them a LONG time ago.. Only for this pathetic excuse for a governor to find a way to dig them up and throw them back in your face.

    I only wish I knew in 1991, that I would've been better off in the future, under Andrew Cuomo, if I robbed a liqour store at gun point rather than drinking a beer with my girlfriend in the car at the dead end.

     

    This makes absolutely no sense to me! If you only have 1 DWI within 25 years how can they prevent you from reinstatement? Did you have any prior to that? I know the DMV it totally Fk'n wacked but I cannot understand how they can prevent you for only 1!! 

  • Sat, Dec 3 2016 8:31 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

     There has to be a better way. And the only way we can achieve this is by challenging the DLC/NDR.

    You won't succeed with a court challenge to the DLC because the DLC is not itself law. The DLC is an agreement among the participating states that each member implements through its own legislation. Each member state therefore has its own statute enacting the DLC as law in that state, and not every state’s version is not exactly the same. Moreover, it is not the DLC itself that bars you from a license after the 1 year period of revocation. It is how that particular state implements the provision of the DLC that lets the state give you a license if it is satisfied you are safe to drive. And every member state deals with that differently. Because each state does it differently, any court challenge to how any particular state does it must be done state-by-state. I understand why you'd like someone (other than yourself) to launch some kind of federal lawsuit that would in one stroke force all the states to give you a license in your kind of circumstance, but that’s just not possible in this instance.

    In the states where I practice, it is routine for the DMV to automatically reject a request for a license when the applicant is revoked in another state and the applicant then has to appeal the ruling administratively and, if that does not work, litigate it in court. Some applicants do get their licenses that way, much like you did in Alabama. There is nothing unconstitutional about that kind of process — it is basically the same process used for just about every agency decision that a person disagrees with. That you don’t like that process and want the state to have to give you the license automatically doesn’t mean the process isn’t legal.

    I understand your frustration with all of this. But as I have said before just because some law or procedure is unfair does not make it illegal. There are a number of laws and regulations that I think are unfair but that are nonetheless quite legal. Ultimately, if you want to see a real change in this (and assuming the Court of Appeals opinion does not help you), then you have to get either the NY legislature or Congress to enact a law to address it. Every once in awhile someone here mentions lobbying the legislature or protesting in Albany to try to get this changed, but no one ever seems to carry through on that. Well, if you want change, you can't expect it to happen just sitting at home complaining about how unfair it is. You have to start doing the hard work of organizing people to lobby the for the change. That’s how politics works.

  • Sun, Dec 4 2016 4:54 AM In reply to

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

    Taxagent:

    erickench:

     There has to be a better way. And the only way we can achieve this is by challenging the DLC/NDR.

     Every once in awhile someone here mentions lobbying the legislature or protesting in Albany to try to get this changed, but no one ever seems to carry through on that. Well, if you want change, you can't expect it to happen just sitting at home complaining about how unfair it is. You have to start doing the hard work of organizing people to lobby the for the change. That’s how politics works.

    I have been saying this for the past 8 months or so with either neysayers or hardly any replies to my posts. Seems as if people on here want change for free...I understand its much easier to say how protests wont work and continuing to just sit on here bitching but actions have always spoken louder than words! I do hope to god that we win at the court of appeals! I will give one more attempt to see if we can organize something in the event we lose but if people intend to just keep bitching for the next 10 years instead of getting off their a@@'s we are all doomed and deserve to be!

  • Sun, Dec 4 2016 5:19 AM In reply to

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

    I am going to try and build a Facebook page in hopes to gather together as many people as we can to organize a protest in Albany in the event we lose at the court of appeals. Hopefully it will get the attention of many other people who will support our cause other then those on this page. The more people the better! I think it would be better to get started now rather than later. This way if we do lose we can jump right into action asap! We have been waiting long enough so there is no sense in waiting longer..From what I am hearing the case will probably be over in February or March..If thats the case we can organize something for April in hopes not to freeze our a@@'s off in the cold! I will update everyone with the facebook page when its done. Any constructive advice would be appreciated..For example, Do we need permits to protest etc...Like I said, Any constructive advice is welcome.. Naysayers need not to be heard, You guys can stay home on your couches while the rest of us try to change things!!

  • Sun, Dec 4 2016 5:30 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I had 2 Dwai 's.  1 in 91 and 1 in 92..I was 17 and 18 yrs old. They are non criminal violations. Considered no more serious than a speeding ticket. In both cases I was well under the legal limit but underage. One of the most absurd aspects of this reg is there is absolutely zero consideration given to to the facts of each individual case. They are all simply "alchohol related offenses"

    My 1 and only Dwi was in 98. It was a misdemeanor. As we all know, a second offense is a felony. That proves that in the eye of the law it was considered and is in fact my 1 and only Dwi.

  • Mon, Dec 5 2016 6:52 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    https://www.facebook.com/IsOurGovernmentCondemningPeopleWithAlcoholProblems/

     

    Thsi page has been up for years but the activity has been less than desired..  Share it around and perhaps an event can be created to make the folks who have been railroaded heard?  Feel free..

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

  • Mon, Dec 5 2016 8:51 PM In reply to

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

    Screwed 4 Life:

    https://www.facebook.com/IsOurGovernmentCondemningPeopleWithAlcoholProblems/

     

    Thsi page has been up for years but the activity has been less than desired..  Share it around and perhaps an event can be created to make the folks who have been railroaded heard?  Feel free..

    Yes I have seen it but feel it could be better and headed in a different manner to direct people to it. Instead of just bashing this piece of garbage we call governor we need something to unite people in our situation that will get a lot of traffic..Im working on it but Im no website geniuse so it may take a bit!

  • Mon, Dec 5 2016 9:51 PM In reply to

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

    facebook page...The people vs. New York State DMV against unfair treatment and regulations..Please view it, join it, and comment to me on here about it..What you think can be done to it to make it better etc..Im trying as hard as I can because I'd rather be DRIVING!

  • Tue, Dec 13 2016 6:00 AM In reply to

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

    I really hate to say it but we should plan a march during the time they are making a decision..not after. What good will it do after? We already would have lost. It really sucks but think about this...can you imagine the headlines if we won this appeal??! 10,000 repeat dwi offenders allowed back on the road to drive in nys!! I cant see it happening..ive learned all through this expierence to expect the worst.

  • Tue, Dec 13 2016 7:01 AM In reply to

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

    I dont know, Its a crap shoot..Im worried it can harm more then help prior to the decision..Not only that, We need people and to get those people will take time.. Thats why I made the FB page in hopes to get more people together..Trying to organize people to soon (Especially how some people do not seem to embrace the idea of a march) would end up with us having 2 people..Me & you!

  • Tue, Dec 13 2016 7:12 AM In reply to

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

    Well the facebook page is no diffrent than this forum..in fact its the same but much less people. Noone is saying anything..put yourself 4 months down the road with a denied appeal. March all you want but everything will be said and dont and your wasting your time. We HAVE to get this organized now.  It takes time your right..but by the time we are ready we can go up there end of march just in time for a decision. We need the judges and news to see the faces of the people effected by this..the more people the better. Ill sleep right outside the court house..***heck im not coming back home unless something changes..i refuse to come home to the same situation. We have to figure out whos coming from what area so we can get a bus going and have everyone throw money in it will leave a designated area and drop off at a destination.

  • Tue, Dec 13 2016 8:05 AM In reply to

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

    So lets schedule a date..Any idea around when the decision is to be made? I think it would be best on a Friday so we can stay as late as we want without worrying about work the next day..Lets make a date and see who is willing to do this on here..I will also post it on the FB page..As for buses I dont think thats a good idea..I think it will only add to the confusion of things...Between organizing who is going, where everyone lives, where the bus is leaving from, How everything is going to be paid and who is going to control it will end up being a nightmare trust me! Whether or not the buses have to be pre paid or paid for that day no one should have to take on the responsability of possibly getting stiffed and having to pay out of their own pocket because of no shows.. I have organized fishing trips in the past and there are always last minute people who cancel for whatever reason....Albany is the capital of NY..Im sure there are buses and trains that leave there from everywhere in NYS..I will be there no matter what! I have no need for a bus ride..I can always call a cab to a bus or train leaving to Albany...Sorry but I feel people who are really serious about fighting this thing should feel the same way...Getting things done isnt easy or free..We all have to put time and effort into it!

  • Tue, Dec 13 2016 8:15 AM In reply to

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

    This sucks. We are screwed. If we go on a fri the courthouse is closed sat n sun. If we go on a monday then we miss work that week. Augh. Id think last week in feb would be perfect..im coming from buffalo ill see you there.

  • Tue, Dec 13 2016 10:11 AM In reply to

    • KingCuomo
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    Re: New NYS Repeat DWI offender regulations questions

    we will get no sympathy protesting. we are labeled as the biggest menaces to society. do you honestly think anyone is going to care at all that convicted drunk drivers are having their licenses withheld? I highly doubt it.

    I haven't driven in almost 10 years. I will patiently await the decision from the Sills case and see what happens after that. I'm not freezing to protest something that no one will care about. If anything, they will find glee in the fact that we cannot get our licenses back. Good luck to everyone on here.

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