New NYS Repeat DWI offender regulations questions

Latest post Sat, May 27 2017 10:20 PM by Billy G. 1,671 replies.
  • Thu, Feb 23 2017 1:37 PM In reply to

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

    erickench:

    Billy G:

    I was told about OASIS and I think its just another scam! I was going to go to OASIS for like a $500 fee and they acted as if they had no idea of the DMV regulation.. So I did not go...They are not honest..They will either tell you what you want to hear or act as if they do not know. They know perfectly well that if you have 3 DWI's with a SDO within 25 years you will NOT be approved even with the classes...Dont get suckered in! 

     

    I agree. I paid that $25 reinstatement fee just one time. I won't pay it again. When I threatened them with a lawsuit, I told them that I would pay the remaining fines if they give me the confirmation that my driving privileges were permanently revoked. Now I have an Alabama Welch license which is restricted to that one state.

    Well if you have work there I would just move. F@@k this state! Im tired of their BS..If I didnt have 3 kids I would do what I could to get out of this shithole asap..But I am stuck for now..Tell you one thing though..If we do win and I get reinstated I may just skip out of here..Atleast then I will be able to drive to see my kids without paying these ridiculous taxes with no representation! 

  • Thu, Feb 23 2017 5:42 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    m j c04:
    Is there any lawyers out here that think there are grounds for some sort of lawsuit to sue the state for lost wages/emotional distress/mental anguish..ect.?

    The answer to whether you could successfully sue the state for last wages, emotional distress, etc., if the regulation is held to be invalid is no. What you get out of it if the regulation is held invalid is that the regulation will no longer prevent you from getting a license. It may be that some other rule still keeps you from getting license, so you’d need to make sure that nothing else out there would trip you up when applying for the license.

  • Sun, Feb 26 2017 6:15 AM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    https://dmv.ny.gov/tic...

     

  • Sun, Feb 26 2017 6:31 AM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    https://dmv.ny.gov/tic...

    hopefully this works,for some reason when a copy the link,and post ,it does not show the full link,so i manually put the link in,

  • Sun, Feb 26 2017 6:32 AM In reply to

    • tommyh
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    Re: New NYS Repeat DWI offender regulations questions

    sorry i tried !!

  • Sun, Feb 26 2017 9:56 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    tommyh:

    https://dmv.ny.gov/tic...

    hopefully this works,for some reason when a copy the link,and post ,it does not show the full link,so i manually put the link in,

    Long lines of text without any spaces get shortened by board when you post, including internet links. The way to solve that problem is to embed the link in your post so that people can click on it. It will still be shortened, but since they can click on it to access it the shortening of it doesn't cause a problem. Here's how you do it. First, paste the link in your message. Then highlight that in your message. Hit the button that looks like links on a chain on the tool bar above the area that you compose the message. In the box that pops up paste the link again in the space labeled "Link URL" and then hit the insert button. Your text will now appear in your post as a link. When you submit that post, the link will be shortened but still clickable for others to use!

    I created a link to the IRS page that has resources for child care providers, which is a rather long link, just to show what it looks like when you finish inserting a link using the instructions above:

    https://www.irs.gov/businesses/small-businesses-self-employed/child-care-tax-center

  • Sun, Feb 26 2017 11:15 AM In reply to

    • JW NYC
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    Re: New NYS Repeat DWI offender regulations questions

    I paid to join his caseload. He has always been honest to me and returns every phone call. Eric Sills, is my opinion, is a fine lawyer. He is not doing this for financial gain. He has also been candid in the reality that there will be no win in such a delicate matter. New York State initiated this dmv matter for nys alone. They did not consider that the NDR system made this regulation a nationwide decision. This was a Political play to respond to the media. The media has always used dwi car accidents to attract new readers. If anyone got hurt in a dwi accident the driver should be labelled "permanently dangerous". Labelling by presumption 10,000 others is the crime of one state. If New York wants to install this Label. They are obligated to provide in a case by case basis  absolute "proof beyond a doubt" with statistical analysis of all drivers nationwide that this is a true statement. There must be a million drivers that were never born with the skillset to drive safely. To win against this regulation. It needs to hit with a serious financial burden of time and money necessary to statistically "prove beyond a doubt"each 1 of 10,000 is permanently dangerous. The fourteenth amendment in 1868 ,by nationwide agreement declares the following.   "no state shall deny to any person within its jurisdiction the equal protection of the laws ". 

  • Sun, Feb 26 2017 1:00 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    JW NYC:
    Labelling by presumption 10,000 others is the crime of one state. If New York wants to install this Label. They are obligated to provide in a case by case basis  absolute "proof beyond a doubt" with statistical analysis of all drivers nationwide that this is a true statement.

    While I can understand why you would like such a requirement imposed on the state, neither the federal nor NY constitutions require that. Such a requirement on the DMV would have to be imposed by statute. The standard to prove something “beyond a reasonable doubt” is a buden imposed on the state when prosecuting someone for a crime. It does not apply to rules for making determinations on granting licenses, as that is not a criminal matter. When the government makes distinctions between different persons and that distinction is not based on race, sex, or religion, the Supreme Court has held that the equal protection clause is satisfied if the distinction has any rational basis. Extremely few laws and regulations have been held to violate the rational basis test. Denying a license to someone who has history of serious driving offenses while granting a license to someone who does not on the basis that the person with the history of driving offenses is more likelly to pose a safety risk would easily meet the rational basis test. It certainly makes sense that someone who has a history of driving unsafely would be more likely to cause an accident than someone who does not have such a history. Even Mr. Sills has not argued that the regulation flunks this test. That’s a complete nonstarter.

    He did raise other constitutional claims at trial and in the first round of appeals, but the courts soundly rejected all those claims, and I have explained in this thread before the problems with the constitutional claims. Because no judge agreed with his Constitutional claims he could not take the appeal of those to the Court of Appeals as a matter of right. But since two of the five judges in the lower appeals court did agree with him on the claim that the DMV exceeded its authority when it issued the regulation under NY law he was entitled to an appeal to the NY Court of Appeals as a matter of right. (This is, btw a very unusual rule not used in either the federal system nor in any other state so far as I know. Most other jurisdictions would not allow that appeal as a matter of right and would instead require that he get consent from the highest court to even make the appeal from the lower court.) So that gave him an avenue for a further appeal of the matter that might have otherwise been closed, but to do that meant the federal constitutional claims had to be dropped from the appeal to the Court of Appeals.

    JW NYC:
    Eric Sills, is my opinion, is a fine lawyer. He is not doing this for financial gain.

    I do not know Mr. Sills nor have I seen much of his work, so I will not opine on how good he his. However, he makes a living litigating matters and advising clients (and so do I) so he is indeed getting a financial gain here from the fees paid by the clients. He is not, so far as I know, doing this totally pro bono (i.e. without charging fees). But there is nothing wrong with that. Everyone is entitled to be paid for their work, and lawyers like everyone else have bills to pay, and they can't pay those bills if they do all their work for free :-)

  • Sun, Feb 26 2017 8:14 PM In reply to

    • JW NYC
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    Re: New NYS Repeat DWI offender regulations questions

    I have read many of your posts. They are all missing one single element. How could you possibly understand how it feels to be denied freedom to live in a society that demands the ability to move around in a car? Absolutely No is my answer that a license is a privelege. It is an absolute and necessary right. This is exactly why I am sure Eric Sills as one lawyer does not paint some rosy picture of a win. The fourteenth amendment in context is our finest moment in history. No man or woman regardless of color, will ever be denied freedom. Explain to me why I am (color by mathematics)  a "persintently dangerous driver". I have 970 hours as a pilot in command of my own airplane. I created companies averaging 15 employees and substantially increased nys tax profit for two decades.  I am infinitely more qualified to drive a stupid car. I watch all other drivers anticipating their mistakes.New York State is now the defendant in the "abuse of grouping by mathematical labelling " the basic freedoms every man deserves. This the most disgusting event any state could enact. Spare me the details taxagent. This is way bigger than you could imagine. Spend a few years without driving and explain how it affected you. You have no compassion in your words. Laws were not written for an = google robot. Granted ,You are very intelligent. Grandstanding in a court is very effective. Our new president is not intelligent and won by grandstanding his case.     

     

  • Mon, Feb 27 2017 3:27 PM In reply to

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

    The thing that is truely a thorn in my side everyday is the feeling of being discontent with my life and the inability to do anything about it! My wife left me 5 years ago..She had some good reasons but I think one of them was the feeling that she felt more like a mommy to me by driving me wherever I had to go and in time just lost the respect and attraction she once had for me..A few years later I met a women who I am still with that I am not in love with..I stay with her because I feel I have no choice..Some may say thats a horrible thing to do and I feel that way to..But do you know how hard it is to feel longing everyday because you feel there is no other other option but to Stay in a unhappy situation due to the fear of it being worse if you left? Feeling like there is no way out is one of the worst things a person can feel and will make them do things they normally would not do..People who look at us as the "Antichrist" have no clue on how we feel or what we are going threw..It goes much deeper that what is just seen on the outside..We made mistakes but we are people after all! We paid our debt to society and were blindsided and held to a regualtion that came into effect after the fact...You cannot convict someone of murder, sentence them to 25 years, then change the regulation and tell them they are getting life! We should not be subject to life either and living without a license is like being in prison! We should be allowed to live a normal happy life once again instead of being judged upon actions that took place 25 years ago!

  • Mon, Feb 27 2017 3:52 PM In reply to

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

    In addition to my earlier post, Yes we made mistakes but many of us never hurt anyone..I know I know! We could have and may hurt someone if we are allowed to drive again.. They can take that preventative BS  and shove it right up their ass! How can we be subject to a life sentence of never driving again because of preventative maintenance when murderers, rapists, child molestors (much worse crimes I may add) are given a second chance at life after their term is served? If we want to talk preventative maintenance, someone like that should never get out of prison in fear they may do it again..Yet they do! Explain that!

     

     

  • Mon, Feb 27 2017 5:08 PM In reply to

    • Bigg Al
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    Re: New NYS Repeat DWI offender regulations questions

    Billy G, if this world was ruled with whatifs then no one would walk outside their fucking door lol, why? Well if you live in the woods you may be eaten by a bear, if you go swimming in the ocean you may be eaten by a shark or stabbed by a fucking stingray, these watifs go on and on. 

    Billy, I truly feel sorry for you, as for me, I don't give a *** and I drive with no care in the World, If i get locked up so be it, at least my Family and I know the reason for me being locked up and that's to pay our mortgage and put food on the table as well as cloths on my kids back and sneakers on their feet, my Family is more important to me than anything else in this God forsaken world. 

    Sorry for those, like myself who followed the laws of the land after the fact and waited patiently for our license reinstatement date to approach and once again become a part of productive society, then to our amazement new regulations were enacted and we were all kicked to the curb. 

    As for me, I DRIVE!! and will continue to do so until I am jailed or dead, I am a MAN and It's my duty to care for my Family, so that crooked curve The NYS DMV threw to me and many others well, looks like your bullshit didn't work for all BWAAA HAAAA, If driving is a crime and i'm breaking the law, then oh well, looks to me like The NYS DMV and the great Governor also broke the law, I plead guilty, was sentenced and paid for the crime I committed, 90 days in Jail and about $4,000 dollars in fines, fee's and surcharges. One more thing, I didn't have any accidents nor did I cause any harm to anyone, I was merely pulled over.  

    So I feel it's time for NYS to pay for their crooked ways. I'm not the only one driving with no license, there are a whole lot of us and we're taking back the roads that were wrongfully stripped from us. 

  • Mon, Feb 27 2017 5:38 PM In reply to

    • loop46
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    Re: New NYS Repeat DWI offender regulations questions

    I agree with you but this is what the state wants. To keep bringing in your fines and surcharges. But if the state would let use travel to work and make a decent wage then they would make more in the long run with taxes. This right here proves that his regulations aren t doing anything to stop people from driving. If they would just put strong regulations on interlock devices and make it so that we can be preductive members of Society with given a chance. I would happily blow in a machine or push an inferred button to start a car, if it gave me the right to drive for work and not look over my shoulder to do so. I don't want to live in fear to make a living and be the man of the house. I hate court or jail and would like to never be back in either due to me tring to make a living. 

     

     

  • Mon, Feb 27 2017 6:32 PM In reply to

    • JW NYC
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    Re: New NYS Repeat DWI offender regulations questions

    Taxagent In response: I believe it is obvious that another approach will be necessary should a loss occur these coming months. What I meant by “ financial gain” is any substantial amount. It only cost me $1000 to have a personal appeal and be recognized as a client of Mr. Sills. That is not a fee that is substantial. In fact, It is very low. From decades of experience, New York city and New York functions primarily through the transfer of money. To “deny this fact” most likely means the denier has not been exposed to it. This case, for many reasons has no large loss or gain on either side. In retrospect, you are correct that it will be decided by existing laws. Between all these lines, A  (10k and growing ) amount of lives are also seriously degraded, grouped as one, and sentenced forever. Calling the Nysdmv to be a non-governmental agency is hypocrisy. The nys government told them to initiate the regulation and that is the fact that declares the Nysdmv a government agency. Why are all these cases against the “Respondent Nysdmv “ They are the Defendant and it should read the Nys government?  Why is this case also lumped as dragged on in years , while this degradation of life continues to occur everyday? We are Now being Forced into a Group label. As We become organized, should it be necessary, Our numbers are Growing. A cliché phrase. “People should not be afraid of the government. Government should be afraid of the people”.    

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