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Lifetime driver's license ban in New York State

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Latest post Wed, Jul 13 2016 11:51 AM by James Forslund. 7 replies.
  • Thu, May 19 2016 1:20 PM

    • Rob Davis
      Consumer
    • Not Ranked
    • Joined on Thu, May 19 2016
    • NY
    • Posts 12

    Lifetime driver's license ban in New York State

    Hello All,

    I am brand new to this board and like many of you, I have lost my "right" to legally drive for life in NY state. I have 5 DWI convictions from 1992-2014 and it has literally ruined my life. I'm not here for sympathy, simply here for information and to connect with people in a similar situation. Does anybody know if there has been any progress by the lawyers appealing this action by Cuomo? I cannot find much information online regarding this. Probably because it only affects 4-5 thousand of us. Does anybody know if there is any hope for me ever legally driving again in the United States? How about other countries? If I have to, I will move out of this country to be able to drive. Any help or information anybody can provide is greatly appreciated.

  • Thu, May 19 2016 1:36 PM In reply to

    Re: Lifetime driver's license ban in New York State

    Rob Davis:
    like many of you, I have lost my "right" to legally drive for life in NY state.

    I'm not sure to whom you're directing this comment, but I don't know of anyone who posts here regularly tho has lost his/her driving PRIVILEGES for life in NY.

     

    Rob Davis:
    I have 5 DWI convictions from 1992-2014 and it has literally ruined my life. I'm not here for sympathy

    That's good, because career drunk drivers are deserving of contempt, not sympathy.

     

    Rob Davis:
    Does anybody know if there has been any progress by the lawyers appealing this action by Cuomo?

    What "action" are you talking about?  The action to strip you of your driving privileges was not taken by the governor.

     

    Rob Davis:
    Does anybody know if there is any hope for me ever legally driving again in the United States?

    Unlikely.  After five DWI convictions, it's pretty obvious that you don't give a rip about your own or anyone else's safety or life.

     

    Rob Davis:
    How about other countries?

    There are nearly 200 countries in the world, and all of them have different laws.  While it is likely that some of them would deny you a license based on your NY/U.S. driving record, it's also likely that lots of them wouldn't care.

     

    Rob Davis:
    If I have to, I will move out of this country to be able to drive.

    As a multiple felon, you'll have a harder time finding countries willing to let you in than you will finding countries that will let you drive.

    Rather than worrying about finding a country that will allow you to drive, how about doing something to get your alcoholism and homicidal behavior under control.

  • Thu, May 19 2016 3:12 PM In reply to

    Re: Lifetime driver's license ban in New York State

    Rob Davis:
    Does anybody know if there has been any progress by the lawyers appealing this action by Cuomo?

    Are you talking about an appeal of a denial of a license that you filed in the courts? If not, are you referring to the appeal now before the NY Court of Appeals (the highest court in NY) challenging the DMV regulations that were issued in 2012? If the latter then the oral arguments have scheduled on the consolidated cases for later this year. It will be at least late this fall before the court is likely to issue an opinion on it. So if your denial of a license was based on that regulation then perhaps these appeals will help you if the court rules favorably for the petitioning drivers. I have to say, though, the odds are against you on that. Every lower court that has considered it has so far rejected all the arguments made against the validity of the regulations. That said, two judges in dissent did say they would have held in the petitioner's favor.

    Note that under NY law is still possible for most people to at least try to get their right to drive after a revocation once a 5 or 8 year period has run from the date of revocation. It is not easy to do and the DMV has discretion whether or not to grant you license, but the opportunity is there.

    Your NY revocation will not permanently bar you from a license in other states. The driver's license compact, to which most states belong, only absolutely bars the issuance of a license by another state for a period of one year. After that, the state applies its other laws to determine if you qualify for a license. In some states, after some period of time you can get a license if you can satisfy the state that you are safe to drive and will not commit more DUIs. As your last DUI was in 2014 and it was your 5th DUI, I doubt any state will give you a license any time soon.

    You're going to need to do more than just have a few years of DUI free driving. You're going to really need to take affirmative steps to tackle the underlying problem that is resulting in the DUIs. I doubt very much that these five times were the only times you've driven after drinking. Most DUI drivers do it a lot more than they've been caught. And you were caught 4 times and evidently the message still didn't sink in and you did it yet again. That indicates that you may have a serious drinking problem here that you need to sort out. Getting that under control and proving it may well be what you'll need to do to get a shot at getting a license if you move to some other state. Until you get a license, don't drive while suspended or revoked. Getting caught on that will make it even harder than it already is.

  • Thu, May 19 2016 4:20 PM In reply to

    Re: Lifetime driver's license ban in New York State

    Rob Davis:
    I have 5 DWI convictions from 1992-2014 and it has literally ruined my life.

    IF you wait 5 years from when you complete your term of probation, without any violations, then complete a rehab program, you can, with the assistance of counsel, seek to have your privilege restored or at least obtain a restricted license with an interlock device permanently attached to your car.  Nothing, however, can be done before that point in time.

    Rob Davis:
    How about other countries? If I have to, I will move out of this country to be able to drive

    That won't do you any good.  In countries that let you drive with just your US license, won't let you drive if it isn't valid.  Other countries require that you get an International Driving Permit which you can't get if your US license isn't valid.  On top of that, you can't even get into Canada to visit based upon your DUI convictions.

    Rob Davis:
    I'm not here for sympathy

    That's good, because you won't get any.  This was all self-inflicted....

  • Thu, May 19 2016 5:24 PM In reply to

    • Rob Davis
      Consumer
    • Not Ranked
    • Joined on Thu, May 19 2016
    • NY
    • Posts 12

    Re: Lifetime driver's license ban in New York State

    Hello,

    Thank you for the information. I was referring to the appeal before the NY Court of Appeals challenging the DMV regulations. I cannot seem to find any information on that.

    As for my license, I was not aware that there was even a possibility of reinstatement. I figured a lifetime ban meant life. I have completed rehab, quit drinking (day by day), compliant with probation, work a full time job and I do not drive illegally. I'm lucky enough to have some people in my life that are willing to be inconvenienced because of my stupidity.

    Is it actually written anywhere that I can actually schedule a DMV hearing once 5-8 years passes from my revocation? This actually give me a glimmer of hope.

    I am finally, for the first time in my life, addressing the underlying issue here. I am doing well without alcohol and with the help of family and friends, I will do everything in my power to be sober.

     

    Once again, I sincerely thank you for taking the time to answer my post.

     

    Rob

     

  • Thu, May 19 2016 5:30 PM In reply to

    • Rob Davis
      Consumer
    • Not Ranked
    • Joined on Thu, May 19 2016
    • NY
    • Posts 12

    Re: Lifetime driver's license ban in New York State

    Hello Jamey,

    Thanks for your response. You are absolutely correct, it was all self inflicted and I'm working on myself. I was not aware that I would actually have a shot to have anything restored. I'm having a difficult time finding any information on this. So, I actually have a shot if I wait 5 years from the end of my probation, along with additional rehab?

    If that is actually true, you have more than made my day.Thank you for the information, it's greatly appreciated.

     

     

  • Thu, May 19 2016 6:32 PM In reply to

    Re: Lifetime driver's license ban in New York State

    Rob Davis:
    So, I actually have a shot

    According to colleagues of mine in NY, it's possible.  Not absolute--possible.  There have a few people who were successful.

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