New NYS Repeat DWI offender regulations questions

Latest post Wed, Apr 26 2017 12:22 AM by Justitia. 1,523 replies.
  • Fri, Dec 23 2016 7:34 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    I'm glad to see we agree on something. Yes the NYDMV has assumed the role of the state legislature. It exceeded it's authority. As I've stated many times on this forum: Rules that directly affect people lives should be voted on by the state legislature and not by some bureaucrat.

    Let me be clear on this: I’m not saying I agree with Sill’s argument that the DMV exceeded its authority. I have no position on that either way as I have not fully researched NY law on that. Three of five judges in the lower appellate court rejected that argument so it is far from clear that it is a winner. 

    It has long been the case that administrative agencies may issue regulations that have the effect of law so long as that power was granted to them by the Congress (for federal agencies) or the state legislators (for state agencies). That is not undemocratic because the legislators, who were elected by the people, agreed to let the agency issue those regulations and the legislature retains the power to revoke or modify any agency regulation it does not like. I have on my desk thousands of pages of federal tax regulations issued by the U.S. Treasury. Congress did not expressly vote on each of those regulations. But they are nonetheless valid and courts will enforce them because Congress gave the Treasury the power to issue those tax regulations. This kind of power to issue regulations is necessary because Congress and the state legislatures do not have the time nor the technical expertise to issue rules in the kind of detail that is necessary, but administrative agencies do have the expertise and time to do that work.

    The issue with any agency regulation when looking at validity generally comes down to examining three things: (1) did the agency exceed the scope of the authority the Congress or state legislature gave it; (2) did the agency fail to follow the proper procedures in issuing the regulation; and (3) does the regulation violate either the federal or state constitution or other applicable law? If the answer to any of those is yes then the regulation won’t be valid. But the answer to each is no, the regulation is very likely going to be upheld.

    The point here is that every rule we live by does not have to voted on by a legislature to be valid, even those that have a direct affect on people’s lives. The law allows for agency regulations. They are a necessary part of government operation in our complex society. The legislatures simply cannot do it all themselves.

  • Fri, Dec 23 2016 7:44 AM In reply to

    • Billy G
      Consumer
    • Top 500 Contributor
    • Joined on Tue, May 24 2016
    • NY
    • Posts 111

    Re: New NYS Repeat DWI offender regulations questions

    Lets all try and get along guys, We are all on the same team fighting for the same thing..We are (As Killarys campaign motto said) "Strong together" then at eachothers throats! After all it is the Holidays! 

    Merry Christmas and HAppy New Year to all!

  • Fri, Dec 30 2016 2:22 AM In reply to

    • Giants6
      Consumer
    • Not Ranked
    • Joined on Fri, Dec 30 2016
    • NY
    • Posts 1

    Re: New NYS Repeat DWI offender regulations questions

    Hello, 

    My question is pretty simple and hoping someone can help me. My lawyer is unsure if a Zero Tolerance counts as an Alcohol Related Incident under the new rules. 

    He had me go to the DMV and speak with a supervisor to find out. I talked to a knowledgable supervisor there and she used to handle these cases at her old department. 

    She told me that Zero Tolerance only counts for 3 years and then would not apply as an Alcohol Related Incident.  

    Hoping to get some claification. 

    Here is part 136, looking specifically at a violation 1192-a.

    (1) “Alcohol- or drug-related driving conviction or incident” means any of the following, not arising out of the same incident: (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs; (ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law; provided, however, that no such finding shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law; (iii) a conviction of an offense under the Penal Law for which a violation of section 1192 of the Vehicle and Traffic Law is an essential element; or (iv) a finding of refusal to submit to a chemical test under section 1194 of the Vehicle and Traffic Law.

     

    TIA

     

  • Sat, Dec 31 2016 6:44 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Andrew Cuomo commutes sentence of Judith Clark. Look it up.... Truly Un Freakin Believable!!!

    Happy New Year everyone! 

    I pray that sanity will prevail for us this year.

  • Sat, Dec 31 2016 6:54 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

     Read the daily news article. I can't follow along on what is considered justice and what is the overuse of  executive power.

    Hope good things happen for us. I am ready to explore the country with my good clean living.

     

  • Sat, Jan 7 2017 9:05 AM In reply to

    • m j c04
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 27 2015
    • NY
    • Posts 99

    Re: New NYS Repeat DWI offender regulations questions

    Good question!

  • Tue, Jan 10 2017 11:02 AM In reply to

    • m j c04
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 27 2015
    • NY
    • Posts 99

    Re: New NYS Repeat DWI offender regulations questions

    What the cat has everyones tongue..I know someone has to have some sort of update. Anything helps. Keep us posted if anyone has talked to sills.

  • Tue, Jan 10 2017 10:03 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    m j c04:

    What the cat has everyones tongue..I know someone has to have some sort of update. Anything helps. Keep us posted if anyone has talked to sills.

    The Court has not yet scheduled oral arguments in these cases. So far the Court has set oral arguments for its January and February calendars, so at this point the earliest that the oral arguments would be set would be March. The Court has a lot of cases on its docket so it just takes time to work them. I'd expect the oral arguments to occur in the spring but there's no way to know for sure when the court will schedule them. 

  • Wed, Jan 11 2017 6:08 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,444

    Re: New NYS Repeat DWI offender regulations questions

    And I am sure everybody else who has a case pending before the court of appeals feels the same way. It will happen, when it happens, nothing anything any of us can do will speed it up.

  • Wed, Jan 11 2017 8:05 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: New NYS Repeat DWI offender regulations questions

    The time period in 201(1)(k) is three years or until you turn 21, whichever is greater.

    I'm not in NY.  You need to rely on your attorney.  If your attorney doesn't know this, s/he should know another attorney to ask.  

  • Thu, Jan 12 2017 10:53 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    WELL THEY'RE TAKING TOO GODDAMM LONG WITH THIS ***!!!!

    I understand you’d like to know the court’s decision sooner. But the court has many other cases besides these, and with that workload it takes time to hear them all and give them the consideration that they are due. Most every other civil appellant faces the same kind of time frame in resolving their appeals too. It's not like these cases are being singled out for special treatment, whether good or bad. There is nothing Mr. Sills or anyone else can do to speed things up. The court has to resolve the cases ahead of these first. 

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