New NYS Repeat DWI offender regulations questions

Latest post Fri, May 26 2017 2:48 PM by Concerned grandmother. 1,670 replies.
  • Fri, Jan 20 2017 10:54 AM In reply to

    • KingCuomo
      Consumer
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    Re: New NYS Repeat DWI offender regulations questions

    Eric Sills update :

    I am again writing to update you on the status of our challenge to the new DMV regulations. The Court of Appeals has scheduled the oral argument in the Acevedo, Matsen, and Carney cases for Thursday, March 23, 2017. The precise time of the oral argument has not yet been announced. The Court typically renders its decision 6-8 weeks after oral argument.

    The Court is located at 20 Eagle Street in Albany. Although the courtroom is open to the public, seating is limited. However the oral argument can be viewed live online. In this regard, all you have to do is go to the Court of Appeals' website (http://www.nycourts.gov/ctapps/index.htm) and click on the "Live Oral Arguments Webcast" icon.

    Very truly yours,
    Eric H. Sills

  • Mon, Jan 23 2017 6:31 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    So, if the court decision happens to go our way. Im assuming the state/dmv will appeal. If they do, would that mean another 5 years waiting. Or would the reg just go away.

  • Mon, Jan 23 2017 7:29 PM In reply to

    • Billy G
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    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    This was copied and pasted directly off he DMV website
    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.
    I have 3 dwi's with a SDO in the preceding 25 years..The key word here is PRECEDING.. Not "within a 25 year period" as mentioned in other circumstances on the website
    So my 1st DWI was in 96..25 years from 1996 will be 2021..2022 will leave me with 2 dwi's in the preceding 25 years..I know Im going to be told NO but why? Can someone give me a educated answer to this because how its described and how I am reading it I should be able to be reinstated in 2022 as I will only have 2 DWI's in the preceding 25 years..
    If they stated "within a 25 year period" then they can take your record from any point in time and use it against you..With them saying preceding it does not sound that way..

    Also why wouldnt they just word it "within a 25 year period" (as they do with other circumstances) if at some point in time (The 26th year of your first offense) it will not come off your record? Why not just choose to word it the same as the other circumstances on the site "within a 25 year period"

    I understand the word permanent is mentioned but people get life sentences for murder and are paroled after 10-15-20 years..You would think life means for the rest of your life but thats not the case in many cases so why wouldnt it make sense to say permanent till your over the 25 year timeline?


    Doesnt make sense to me!
  • Mon, Jan 23 2017 7:44 PM In reply to

    • DOCAR
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    • Joined on Sat, Dec 9 2000
    • NV
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    Re: New NYS Repeat DWI offender regulations questions

    persistentlyignorantgovernor:

    So, if the court decision happens to go our way. Im assuming the state/dmv will appeal. If they do, would that mean another 5 years waiting. Or would the reg just go away.

    No, there is no appeal from the NY Court of Appeals, it is the top state court in New York, it's decision is final.

  • Tue, Jan 24 2017 10:42 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    persistentlyignorantgovernor:

    So, if the court decision happens to go our way. Im assuming the state/dmv will appeal. If they do, would that mean another 5 years waiting. Or would the reg just go away.

    There is no appeal possible after this decision. The appeal is only based on issues of NY law, not the U.S. Constitution or federal law. The NY Court of Appeals is the highest court in NY state (analogous to the Supreme Court of many other states and, for federal law, the U.S. Supreme court) and thus the Court of Appeals is the final arbiter of NY law. In short, no matter which way the Court decides, that will be the final word on those cases.

  • Wed, Jan 25 2017 4:00 PM In reply to

    • GCB
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    • NY
    • Posts 20

    Re: New NYS Repeat DWI offender regulations questions

    I was just notified of my 2nd denial. The person told me 3 or more dwi and 20 pts or more, auto-matic denial. I said that I have not driven in 8 years will I ever be able to get my lisc. back? He said, not unless they change the law or my record changes. I am done paying for application fees with nothing in return. They will gladly take the $100 everytime I submitt an application. I did not hurt anybody but myself, but I get a life sentence. People get off easier for murder. I cannot imagine how many peoples lives are destroyed like mine. Since convicted back in 2009, completed jail time, 5 yrs probation, outpat., paid all fines and assessment fine, spent thousands of dollars, lost my career. Drinking and driving is wrong and I feel I paid the price for my mistakes, but should I be punished for the rest of my life? I feel a inter-lock for a period of time makes sense. I am running out of time to have a normal productive life and considering moving to Colorado, where I know I can get a lisc. or out of the country, or try and see if I can get pts off my record and apply one last time.

    Thanks to all for all your input and good luck.

  • Wed, Jan 25 2017 4:25 PM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    Lets all hope things go well for all of us soon!

  • Wed, Jan 25 2017 4:26 PM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    GCB:

    I was just notified of my 2nd denial. The person told me 3 or more dwi and 20 pts or more, auto-matic denial. I said that I have not driven in 8 years will I ever be able to get my lisc. back? He said, not unless they change the law or my record changes. I am done paying for application fees with nothing in return. They will gladly take the $100 everytime I submitt an application. I did not hurt anybody but myself, but I get a life sentence. People get off easier for murder. I cannot imagine how many peoples lives are destroyed like mine. Since convicted back in 2009, completed jail time, 5 yrs probation, outpat., paid all fines and assessment fine, spent thousands of dollars, lost my career. Drinking and driving is wrong and I feel I paid the price for my mistakes, but should I be punished for the rest of my life? I feel a inter-lock for a period of time makes sense. I am running out of time to have a normal productive life and considering moving to Colorado, where I know I can get a lisc. or out of the country, or try and see if I can get pts off my record and apply one last time.

    Thanks to all for all your input and good luck.

    Your story is almost identical to mine.. My last DWI was 2008 sentenced in 2009..Jail time, Probation, fines, etc...Many of us are in the same boat so your not alone! The Sills case should be over by May..Hopefully we will get good news then..If not I am trying to organize a march on albany threw a Facebook page called "The people vs New York State DMV" If you are interested and havent already joined, Join up. If things go south for us with this case we will try a march..If that does nothing then I am thinking the same thing.. Colorado, Alabama or another country...

    Its a hard pill to swallow when they pull this preventative maintance bullshit on us but yet someone convicted of a much worse crime can still get a license! They dont want us to drive incase we decide to do it again but what about a rapist who can get a license drive around stalking women?! Its all bullshit and hopefullyt it will come to an end soon so hang in there!

     

  • Wed, Jan 25 2017 4:36 PM In reply to

    • Billy G
      Consumer
    • Top 500 Contributor
    • Joined on Tue, May 24 2016
    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    GCB:

    I was just notified of my 2nd denial. The person told me 3 or more dwi and 20 pts or more, auto-matic denial. I said that I have not driven in 8 years will I ever be able to get my lisc. back? He said, not unless they change the law or my record changes. I am done paying for application fees with nothing in return. They will gladly take the $100 everytime I submitt an application. I did not hurt anybody but myself, but I get a life sentence. People get off easier for murder. I cannot imagine how many peoples lives are destroyed like mine. Since convicted back in 2009, completed jail time, 5 yrs probation, outpat., paid all fines and assessment fine, spent thousands of dollars, lost my career. Drinking and driving is wrong and I feel I paid the price for my mistakes, but should I be punished for the rest of my life? I feel a inter-lock for a period of time makes sense. I am running out of time to have a normal productive life and considering moving to Colorado, where I know I can get a lisc. or out of the country, or try and see if I can get pts off my record and apply one last time.

    Thanks to all for all your input and good luck.

    Also, If you live in the suburbs or upstate you may be able to hire a lawyer to get your points removed from prior offenses but! If you are from the city and got your tickets in the city you are screwed like me.. I spoke to Eric Sills and asked him about that and he told me its a no go in the city...So if your from the city and got your tickets in the city do not waste your time or money on a shister lawyer who will tell you you can only to drain your bank account with nothing in return aside for more heartache.

     

     

  • Thu, Jan 26 2017 3:49 PM In reply to

    • GCB
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    • NY
    • Posts 20

    Re: New NYS Repeat DWI offender regulations questions

    Billy G...Thanks for your response and info. Good luck to you and Sills on case. If still in NY, I will attend march. I live on Long Island and might have a shot at getting points off. But more money for attry and no sure thing. This is like Vegas....! The attry's and outpat are getting rich off of DWI's. Who else? I wonder?

    I am keeping up the fight to drive again, even if it means moving to Co. or out of country.

    Thanks again to all and good luck!

  • Fri, Jan 27 2017 5:34 AM In reply to

    • Billy G
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    • Joined on Tue, May 24 2016
    • NY
    • Posts 128

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    I want all you guys to keep something in mind. Any state that does not have permanent revocation for drunk drivers can issue you a license if you satisfy all their requirements. States like Alabama fall into that category.

    That would only seem fair to NY'ers... Why should we be subject to the BS policies of NY if we do not live in NY anymore and why should we be subject to harsher laws then others in a state that does not have such policies? If we are a permanent legal resident I would think it to be unlawful to be just because NY says so..Who the *** is NY the police of all states?

     I've been told many times that with the DMV compact many states will not issue us a license except for a select few like Colorado or  your state Alabama..

    I think Im going to give Sills a call if we dont get a good decision at the court of appeals and ask his professional opinion..He seems very honest..I do not trust other lawyers out there...They will tell you its impossible to get a license in another state so that you use them to keep fighting a losing battle in NY while they drain your pockets!

  • Fri, Jan 27 2017 9:51 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    Billy G:
    I've been told many times that with the DMV compact many states will not issue us a license except for a select few like Colorado or  your state Alabama..

    Most states have adopted a version of the Driver’s License Compact (DLC), including Alabama and Colorado. A lot of people are under the impression that under the DLC if your license is revoked in one state then no other state will grant you a license until that revocation is lifted. But that is not what the DLC says. What the DLC actually says is the following:

    ______________________________

     

    Applications for New Licenses

    Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

    (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

    (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

    (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

    _______________________________________

    You'll notice that the DLC makes a distinction between suspensions and revocations. Where your license is merely suspended in one state no other member state is to give you a license until you clear the suspension. But when the license is revoked, you may apply for a new license in another state (assuming, of course, you otherwise meet the requirements for a license in that state, including being a resident) and that state will give you a license unless it determines that you are not safe to drive on the roads of that state.

    It is important to understand that each state adopting the DLC may have made slight changes to this provision and that each state implements this provision differently. Let's take Colorado as an example. Colorado’s version of the DLC has a revocation provision nearly identical to the model version of the DLC I quoted above. Without going into all the details, basically the Colorado DMV will typically take the position that if your license is revoked in some other state for DUI offenses that you are not a safe driver and will deny the license application. You then have appeal rights, including ultimately a right to contest the refusal in district court. It is in that process you prove you are a safe driver. It is through the appeal process that drivers have had some success getting a license in Colorado. It appears that Alabama may be somewhat similar in the process Erik went through to get his restricted license in that state.

    These two states are not alone in this either. While in most states it is not easy to get license under the DLC revocation provision while the revocation is still in effect, it is possible with some effort (and the expense that goes with it). So if you are willing to move to some other state you may well get a license if it has been a number of years since your last DUI or other traffic violation and you are willing to go through whatever appeal or litigation might be necessary to prove to the state you are a safe driver now. Don't limit your states of consideration to just a few that have already been mentioned. Potentially any state might grant you a license.

    So if you are willing to move, start by considering in what state you might like to live and then start searching for lawyer in that state who is familiar with the DLC in that state (if it is a member) or its stance on licensing in your situation if it is not a member. The list of member states is found here, along with the citations to the DLC law of each one: DLC states.

    But no matter where else you may get a license, one thing will still remain true: so long as your license is revoked in NY you will not be able to drive in NY even with a valid license from some other state.

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