New NYS Repeat DWI offender regulations questions

Latest post Thu, May 25 2017 4:15 PM by Frankie K. 1,661 replies.
  • Tue, May 9 2017 7:27 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    I'm sure this is on everyone's mind and is everyone's question, Now What?? What happens next??

  • Tue, May 9 2017 8:30 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    WOW!  That is 30 pages of horse poo...  I understand that the government as a whole wants to limit DWI/Drug related offenses, but they have so many other ways to work around complete revocation for 5-8 years or permanently.  How do you compare these regs to the "excessive soda consumption"...

    So Rapists and Murderers can get their license after they get out of jail so they can rape or kill again, but I get a DWI while sleeping in my car and I'm screwed until 2021 "if the Commissioner at her sole discretion" gives me my license back...

  • Tue, May 9 2017 8:38 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    So true!!!!! Very anxious to hear Sills response to this and what happens now!

  • Tue, May 9 2017 9:07 AM In reply to

    • Duff101
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    There is no other step. Court of appeals is it. We are screwed. 

  • Tue, May 9 2017 9:47 AM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    NYSRuinsLives:
    they have so many other ways to work around complete revocation for 5-8 years or permanently.

    So what?  Just because the government has other options doesn't mean the option chose is unconstitutional or inappropriate.

     

    NYSRuinsLives:
    How do you compare these regs to the "excessive soda consumption"

    No one "compare[d] these regs to the 'excessive soda consumption.'"  The reference to the soda consumption regulation occurred during the court's discussion of the petitioners' argument "that the Regulations amount to legislative policymaking . . . in violation of the separation of powers doctrine."  The court noted that its analysis of this issue "is guided by the four factors set forth in Boreali v. Axelrod (71 NY2d 1 [1987])," the second of which is "whether the agency wrote on a 'clean slate, creating its own comprehensive set of rules without the benefit of legislative guidance,' or whether it simply 'fill[ed] in the details of broad legislation describing the over-all policies to be implemented.'"  In applying this factor, the court properly looked to existing precedent, one of which was the case by which the same court struck down the NYC Board of Health's attempt to prohibit food service establishments from selling large sugary drinks.  The court cited this case as an example of a violation of the separation of powers doctrine and then noted that, "[h]ere, by contrast, in enacting [the relevant provisions of the VTL], the legislature created a statutory scheme addessing the problem of drunk driving and, more specifically, the problem of recidivist drunk drivers" (emphasis added).  In other words, this situation is not like the situation concerning large sugary drinks and was handled properly, whereas that other situation was not.

    Your griping about this opinion might draw something other than laughter if you had even the slightest grasp on legal reasoning or even logical reasoning.

     

    NYSRuinsLives:
    I'm screwed until 2021 "if the Commissioner at her sole discretion" gives me my license back..

    You screwed yourself by your own bad decision making.  It is just plain ssad to watch all of you serial drunk drivers whining about the onerous consequences of your repeated bad judgment and disregard for the law.

  • Tue, May 9 2017 9:55 AM In reply to

    • Justitia
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    I don't see the decision on the court web site.

  • Tue, May 9 2017 10:29 AM In reply to

    • KingCuomo
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    ca19lawyer2:

    You screwed yourself by your own bad decision making.  It is just plain ssad to watch all of you serial drunk drivers whining about the onerous consequences of your repeated bad judgment and disregard for the law.

     

    hey moron, my offenses occured more than a decade ago. I was 25 when I got my 3rd DWI. I had a serious drinking problem that I have spent more than a decade working on. Your opinion is pretty "ssad", we aren't whining, we are trying to comprehend how our bad decisions are going to affect the rest of our lives, regardless if we turned our lives around or not. Hopefully you have a family member or loved one who suffers from addiction, so maybe, just maybe, you can not come across as a condesending a*hole, but I imagine there is little hope for that. so, in closing, I sincerely hope that you get into a fatal accident caused by one of these "whiners" that you feel so obligated to call out. You may have a "grasp on legal reasoning", but as a human being, you are pathetic.

     

  • Tue, May 9 2017 10:34 AM In reply to

    • Justitia
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    I don't know what I am missing.  I go to the court of appeals web site and go to May decisions but I don't see our case. 

  • Tue, May 9 2017 10:47 AM In reply to

    • KingCuomo
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    https://www.nycourts.gov/ctapps/Decisions/2017/May17/40-42opn17-Decision.pdf

  • Tue, May 9 2017 11:02 AM In reply to

    • robnywran
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    I just read 25 out of the 32 pages I guess I am looking at permanent or 5 year. I have an dwai and 3 dwi with in 25 years. my last dwi I had a refusal so if I am reading this correctly that refusal may count as a serious driving offense. I believe dmv won't tie it together with the dwi as one offense and they will count as separate offenses. I guess I will find out when I send my application in two years. Good luck and god bless to all fellow sufferers. 

  • Tue, May 9 2017 11:14 AM In reply to

    • Justitia
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    So I guess that is that!!  The DMV CAN do what ever it wants!!  See you guys in jail!  Looks like my only option is to drive to work .

  • Tue, May 9 2017 12:31 PM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    Justitia:

    I don't see the decision on the court web site.

    It's here: https://www.nycourts.gov/ctapps/Decisions/2017/May17/40-42opn17-Decision.pdf

    The decision affirmed the decisions of the lower appeals courts and held that the 2012 emergency regulations were a valid exercise of the powers that the state legislature gave the DMV. The decision by the Court of Appeals is the final word on this. The Court of Appeals is the highest court in New York, and no appeal to the U.S. Supreme Court is possible because there are no federal law issues involved in this case. All the arguments were based on state law, and the Court of Appeals has the final say on matters of state law.

    While the initial reaction in this thread appears to fault the Court for this, after reading the opinion I think your anger ought to be more fairly directed to the legislature and the DMV. As to the legislature, it wrote the Vehicle and Traffic Law (VTL) provisions that set the basic policy of coming down hard on repeat DUI offenders and it gave the DMV very broad discretion in making decisions regarding to whom it will grant licenses. And of couse, the DMV wrote the rule that is causing you the difficulty in getting licensed now. It’s not the fault of the Court that the legislature and DMV did what they did.

    While the court found that the regulation is valid, I nevertheless think the DMV made some poor decisions in drafting and applying the regulation. The next step here would be to go back to the legislature and the DMV and lobby for a better rule on this. They created the problem and they are the ones that can fix it.

  • Tue, May 9 2017 12:40 PM In reply to

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    KingCuomo:
    I sincerely hope that you get into a fatal accident caused by one of these "whiners" that you feel so obligated to call out.

    Wow...so, when you called me a "pathetic" human being, were you the pot or the kettle?

     

    As far as "comprehend[ing] how [y]our bad decisions are going to effect the rest of [y]our lives," that's not the tenor of what I'm reading.  As noted, most of what I'm seeing is a bunch of whining about the applicable law coming down hard on serial drunk drivers and the court's ruling that most of you don't understand.  But if you're truly only trying to comprehend things, then you now have your answer and should move on.

  • Tue, May 9 2017 12:40 PM In reply to

    • Justitia
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    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    This is easy for you to say taxagent, but what are the consequences for the DMV and legislature not changing?

  • Tue, May 9 2017 12:44 PM In reply to

    • Justitia
      Consumer
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    • NY
    • Posts 30

    Re: New NYS Repeat DWI offender regulations questionsAny Wor

    Ca19lawyer2 are you seriously just in here trolling these poor guys!!!  What is your motivation for posting in here?

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