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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, May 3 2017 6:17 AM In reply to

    Re: New NYS Repeat DWI offender regulations questions

    I am facing my first dwi(.08) after having 2 prior dwai's in the last 15yrs. Its my understanding that this will still count as 3 and I am facing losing my license for 5years. I guess I HAVE TO TAKE THIS TO TRIAL OTHERWISE I AM SCREWED. I am sich over the thought of losing everything, my job, my freedom, my license. I quit drinking 2 years ago and will never drink again. My case is just dragging on and on.....I blew a .08, and even if im convicted of a third dwai it doesnt matter. What to do? If I were to move now, while I still have a full license, would that chamge anything or make a difference. I completely empathize with everyone on this board and I hope to god I wont be joining you. Is there anything anyone here wishes they did prior to their third conviction, had they know then what they know now? Thank You and Inwish you all the best!

  • Wed, May 3 2017 6:25 AM In reply to

    • m j c04
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 27 2015
    • Posts 120

    Re: New NYS Repeat DWI offender regulations questions

    All you can do is plead down to a parking ticket. Which wont happen. Once dmv gets word of a guilty plea on any sort of alcohol related conviction your sentence/revocation period starts. Then once you reapply you will be denied for additional 5 yrs as the regulations as of now state. Good luck

  • Wed, May 3 2017 6:28 AM In reply to

    • m j c04
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 27 2015
    • Posts 120

    Re: New NYS Repeat DWI offender regulations questions

    Crane said he spent about $6,000 fighting the DWI charge. He's thinking of suing to get that money back.

    http://wivb.com/2017/05/03/buffalo-man-suspected-of-dwi-exonerated-3-years-later/ 

     

    Get the WIVB News 4 app: 

     

    http://v1-1.api.wivb.com/storelink

  • Wed, May 3 2017 6:36 AM In reply to

    • daryls61
      Consumer
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    • Joined on Tue, Jan 6 2015
    • NY
    • Posts 9

    Re: New NYS Repeat DWI offender regulations questions

    I wonder if yo ugot this one down to a DWAI if you would be ok since your license would only be suspended and not revoked. You would not have to reapply as suspensions automatically get removed. The regulations all reference reapplying after revocation. 

    Maybe call the DMV and present your situation to see exaclty what they would do.

  • Wed, May 3 2017 2:32 PM In reply to

    • Frankie K
      Consumer
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    • NY
    • Posts 17

    Re: New NYS Repeat DWI offender regulations questions

    Under these new regulations dwai,dwi & agggravated dwi are all the same ..any alcohol or drug related conviction counts as one incedent..

  • Wed, May 3 2017 2:41 PM In reply to

    • Frankie K
      Consumer
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    • NY
    • Posts 17

    Re: New NYS Repeat DWI offender regulations questions

    Take it to trial ,,,fight with everything you got ..Even if you left the state now .once convicted in NY youll be put on the NDR & your license in anyother state you obtain one will eventually be revoked..If knew about these new regs i would have taken it to trial no matter what the cost ....good luck to you & i hope you can end up beating this one 

  • Wed, May 3 2017 5:54 PM In reply to

    • m j c04
      Consumer
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    • Joined on Mon, Apr 27 2015
    • Posts 120

    Re: New NYS Repeat DWI offender regulations questions

    PART II OF THE ARTICLE...Jonathan Crane was acquitted on a DWI, other charges; Rochester judge tried to reverse her decision

    http://wivb.com/2017/05/03/buffalo-man-fights-judges-illegal-about-face-on-acquittal/ 

     

    Get the WIVB News 4 app: 

     

    http://v1-1.api.wivb.com/storelink

  • Fri, May 5 2017 5:39 PM In reply to

    • Billy G
      Consumer
    • Top 500 Contributor
    • Joined on Tue, May 24 2016
    • NY
    • Posts 152

    Re: New NYS Repeat DWI offender regulations questions

    m j c04:

    PART II OF THE ARTICLE...Jonathan Crane was acquitted on a DWI, other charges; Rochester judge tried to reverse her decision

    http://wivb.com/2017/05/03/buffalo-man-fights-judges-illegal-about-face-on-acquittal/ 

     

    Get the WIVB News 4 app: 

     

    http://v1-1.api.wivb.com/storelink

    Unbelievable! These judges think they are above the law and thats the problem here..Not the same scenario but,A friend of mine got wacked with a DWI early last year..It was his first one so he is already in the clear but he got caught driving from a neighborhood bar..Who was his judge? A guy he talks to and knows from the bar that drinks alongside him! Its the little people like us that get stepped on while they get to do what they want and break the laws they arrest us for..Thats why its so easy for them to make laws and uphold them, If they get pulled over, Oh its Judge so and so..Goodnight your honor! Its Bullshit! Unless they do something that they absolutely cannot cover up they are in the clear to do whatever they want while they look down on us like we are *** for doing what they do..The reality is, They are worse! They are the ***, hypocrites and cowards hiding behind their status while breaking the laws they arrest us for!

     

  • Sat, May 6 2017 3:02 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    Is there any word on the decision from Sills appeal case?

  • Sat, May 6 2017 8:56 AM In reply to

    • m j c04
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 27 2015
    • Posts 120

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    Once again. The word is 6-8 weeks for a decision..NO DEADLINE WHICH MEANS IT COULD BE TODAY..COULD BE 5 YEARS FROM NOW. BELIEVE ME..WHEN THERE IS A DECISION YOU WILL KNOW BECAUSE IT WILL BE ON THE NEWS IF WE WIN. SIT BACK AND RELAX ..IVE BEEN WITHOUT A LISCENSE FOR 10YEARS IN NOVEMBER..UNTIL YOU REACH ME I DONT WANT TO HEAR ANY COMPLAINING IF I CAN DO IT SO CAN YOU.

  • Mon, May 8 2017 9:23 AM In reply to

    • KingCuomo
      Consumer
    • Top 500 Contributor
    • Joined on Tue, Jan 14 2014
    • NY
    • Posts 66

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    hey m j c04, 

    when do you think we'll get a decision?

    have you heard from Sills?

    what do you think they will decide?

     

    I WISH PEOPLE WOULD READ THE PREVIOUS POSTS AND STOP ASKING THE SAME FRIGGIN QUESTIONS TOO!!!!!! PEOPLE, LEARN TO READ!!! WE ARE ALL WAITING!!! YOU THINK WE WON'T POST ABOUT IT THE MINUTE IT'S DECIDED???????

     

    I feel your pain m j c04, it makes me feel even worse that I am suffering alongside these people who can't use common sense before posting.

     

    (btw, I'll be at 10 years this August without a license. Right there with you!!) 

  • Mon, May 8 2017 2:09 PM In reply to

    • Justitia
      Consumer
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    • Joined on Sun, Mar 19 2017
    • NY
    • Posts 30

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    I hope that the longer it takes for a decision means it's more probable we win!!

  • Mon, May 8 2017 2:53 PM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    screwedmylifeupdwix3:

    Is there any word on the decision from Sills appeal case?

    The court has not issued its decision yet. You don't need to keep asking here about it. You can check the court web site yourself each day to see if the court had issued its decision. The day the decision is released the court will put the opinion up on its web site. You can see which opinions are released each day here: https://www.nycourts.gov/ctapps/decisions.htm

    Just click on the current month and it will list by date which cases that the court has released opinions for that month. In the challenge to the emergency DMV regulations that Sills has brought there are three cases that have been consolidated: Matter of Acevedo v New York Deparment of Motor Vehicles, Matter of Carney v New York Deparment of Motor Vehicles,, and Matter of Matsen v New York Deparment of Motor Vehicles. So when you look at the site, look for one of those three cases to be listed.

    The decision could be announced at any time. The Court is now releasing opinions in some other cases in which oral arguments were heard at around the same time as the oral arguments in this matter. Because this one involves 3 consolidated cases it may take longer to get finished. It also matters how difficult the opinion is to write and how long it takes to get a majority of the court to reach consensus on the decision. How long it takes really tells  you nothing about how likely it is that the drivers might win this appeal.

  • Mon, May 8 2017 3:05 PM In reply to

    • Justitia
      Consumer
    • Not Ranked
    • Joined on Sun, Mar 19 2017
    • NY
    • Posts 30

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    Thanks a lot buzzkillington

  • Tue, May 9 2017 6:19 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    The decision was just posted at court of appeals 

    WE LOST 

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