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New NYS Repeat DWI offender regulations questions

Latest post Fri, Jun 23 2017 7:28 PM by Billy G. 1,747 replies.
  • Wed, Mar 22 2017 11:19 AM In reply to

    • DOCAR
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    Re: New NYS Repeat DWI offender regulations questions

    Its not a trial, the trial already happened a while back, but oral argument before the New York court of appeals. Check their website to see if you can view it live.

  • Wed, Mar 22 2017 1:54 PM In reply to

    • Frankie K
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    Re: New NYS Repeat DWI offender regulations questions

    http://www.nycourts.gov/ctapps/index.htm  Yes you can .. go to web site & click "live oral arguments webcast" i watched a few arguments today just to check it out.

  • Wed, Mar 22 2017 3:04 PM In reply to

    • DOCAR
      Lawyer
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    Re: New NYS Repeat DWI offender regulations questions

    I believe the court of appeals consolidated all these cases for appeal, not much the attorney can do about that.

  • Wed, Mar 22 2017 3:08 PM In reply to

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

    Please dont tell me we are fucked. Again.

  • Wed, Mar 22 2017 3:41 PM In reply to

    • Frankie K
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    Re: New NYS Repeat DWI offender regulations questions

    DOCAR:

    I believe the court of appeals consolidated all these cases for appeal, not much the attorney can do about that.

    DOCAR Does it matter that this guy Carney has 5 DWI's ? By legislative statute he's lost his license for life & must apply every 5 years ...thats not the issue here so why would they combine his case with the new rules & regulations ?

     

  • Wed, Mar 22 2017 3:55 PM In reply to

    • Frankie K
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    Re: New NYS Repeat DWI offender regulations questi

    erickench:

    I just took a look at the case summaries and I see a problem. The case involving Michael Carney involves actual state law as passed by the legislature in that he had five or more drunk driving convictions in his lifetime. A while back a motion was granted stating that all the rules were gonna be judged together and not separately. This would mean that the NY Court of Appeals would have to strike down a law that was passed by the legislature. WHAT IS THIS LAWYER DOING? It would've been better to separate Carney's case from the others. We are challenging the dictatorship of the NYDMV and not some rule that was passed by the democratic process.

    I dont think it matters..I read the Appellates division summaries .. I believe the justice was referring to the new rules & regulations when stating if one part of the regulation is in valid then the new regulations as whole fail ..If this guy Carney has 5 then is license is already gone for life by statute ;However he can reapply every 5 years.. Still keeping hope !

     

  • Wed, Mar 22 2017 3:56 PM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    I just took a look at the case summaries and I see a problem. The case involving Michael Carney involves actual state law as passed by the legislature in that he had five or more drunk driving convictions in his lifetime. A while back a motion was granted stating that all the rules were gonna be judged together and not separately. This would mean that the NY Court of Appeals would have to strike down a law that was passed by the legislature. WHAT IS THIS LAWYER DOING? It would've been better to separate Carney's case from the others. We are challenging the dictatorship of the NYDMV and not some rule that was passed by the democratic process.

    The cases were consolidated because there were similar issues raised in each one and thus it made sense to do the appeals together so that they could all be resolved at once instead of piece meal. That does not mean the cases are exactly the same. Challenges were raised on appeal to both the statute in one of them and the regulation in another. The ruling on the challenge to the statute does not necessarily doom the challege to the regulation. When a court has several issues before it, it doesn't have to rule for the same side on all of them. The Court might find for the state on some issues and for the apellants on others. The court could decide that the DMV regulation exceeded the DMV's authority and yet still uphold the statute, for example. In that case, those of you who are only being held back by the regulation would get your chance to get your license. 

  • Wed, Mar 22 2017 4:34 PM In reply to

    • Frankie K
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    Re: New NYS Repeat DWI offender regulations questions

    erickench:

    Here's the rule as it's written out:

    (b) Upon receipt of a person’s application for relicensing, the commissioner shall conduct a lifetime review of such person’s driving record. If the record review shows that: (1) the person has five or more alcohol- or drug-related driving convictions or incidents in any combination within his or her lifetime, then the commissioner shall deny the application.

    No mention of his right to apply for reinstatement after five years. This is what has to be challenged and not the state law as passed by the legislature. The chances of that happening are next to nil because laws are well thought out and debated before they are passed.

    Thats the new regulations ..The bottom line is the arguments tomorrow are about the DMV'S regulations..not trying to change a laws that have been passed by legislature..Its not everyone wins & goes home...Even though This Mr Carney's case is in front of the court at sametime doesnt matter ..He can be ruled agaisnt on his own & court can still rule in hopefully are favor

     

  • Wed, Mar 22 2017 5:50 PM In reply to

    • loop46
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    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    what is the lookback time fram for new york state law out side of dmv regulations. 

     

  • Wed, Mar 22 2017 6:25 PM In reply to

    • loop46
      Consumer
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    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    so it is state law to look back a life time. i thought that was just part of the regulation 

  • Wed, Mar 22 2017 6:27 PM In reply to

    • loop46
      Consumer
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    • Joined on Thu, Feb 9 2017
    • NY
    • Posts 16

    Re: New NYS Repeat DWI offender regulations questions

    i thought the state upped their look back up to 15 year and then governer Coumo was the one that added the 25 to life look back.

     

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