Ithaca DWI Attorney: SIX Phases of New York License AFTER a DWI Arrest

SIX PHASES OF NYS LICENSURE

AFTER A DWI (Breath or Blood) ARREST

(this is an excerpt from our ebook, "Everything You Need to Know About a NEW YORK DWI and YOUR LICENSE," by Attorneys Mike Cyr and Larry Newman)

In New York State, you will go through various phases of licensure after a DWI
case begins. If you took a police chemical test by giving them a sample of your
blood or breath there will be six distinct phases. These may be combined or
condensed depending on your particular case.

PHASE ONE, there is an administrative Court suspension of FULL privileges to
drive in NYS. Remember, NYS courts/judges only have power (jurisdiction) over
NYS privileges. So if you have an out-of-state license it should be good in the
other 49 states while things in NYS are pending.

This is called the "suspension pending prosecution." This occurs with a BAC of
.08 or higher. Your attorney can apply for a hardship privilege license at this
phase. This can allow partial driving privileges for work, school, and medical
care.

Hardship is case by case and is not a given. Proof will be required to meet the
legal standard of hardship for any privileges to be awarded by the judge.

PHASE TWO, you can apply at the local DMV for a PCCL (pre-conviction
conditional license) after 30 days from the administrative court suspension. You
may need a certified copy of your out-of-state license history/abstract to apply if
you are from out-of-state.

PHASE THREE, if your criminal case is resolved then your attorney can request
a stay (delay) of the license suspension. This is called a "twenty-day license"
because it is only for 20 days from the sentencing date.

PHASE FOUR, suspension or revocation of license privileges begins, then the
NYS DMV's DDP (drinking driver program), and the second type of conditional
license (the PRCL: Post Revocation Conditional License). This is usually
available at the local DMV (to sign up and receive) about 10 to 14 days after
sentencing.

PHASE FIVE, after completion of the seven week DDP, for first time offenders,
21 YO or older, and no other issues (talk with an attorney). Re-apply (pay more
$) and receive back FULL privileges. One caveat, this is a FULL
PROBATIONARY license for six months. One cell phone violation, seat belt
violation, anything beyond a parking ticket and you are SOL.

PHASE SIX, restoration for full license privileges will be dependent upon whether
your final plead to offense was a DWI or a DWAI. If it was a DWAI then payment
of a DMV license restoration fee will be the final step in this onerous process. If
your case involved the installation of a IID (ignition interlock device) on your car
then the final step in the process will hinge upon removal of the device from your
car.

*Please Remember, ONE SIZE DOES NOT FIT ALL.
So there you have it in all it's glory. Now if you refused a breath test, a different
course, if you are under 21, a different course, if you are from out-of-state, a
potentially different course. If you, if you, I think you get that it is NOT always one
size fits all, and this is the general course of events on NYS DWI DMV stuff. 

(if you found this information helpful, you can access the entire ebook on our website:  www.ithacadwi.com )

COPYRIGHT CYR & ASSOCIATES 2015. 

By Mike Cyr

607-229-5184

E:  mike.ithacadwi@gmail.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This post is not intended as legal advice.  If you are charged with a DWI (or any crime), we strongly urge you to consult with a local, licensed DWI defense attorney.

Ithaca DWI lawyer: Do you have a NJ license and got a DWI in New York?

image courtesy of infoplease.com  - New Jersey map

Do you have a New Jersey license and

got a DWI charge in New York?

(here's what happens)

(here is an excerpt from our ebook:  "Everything You Need to Know about a NEW YORK DWI and Your License"  by Attorneys Mike Cyr and Larry Newman) 

It is legal to be given administrative penalties in two states. It does not violate

double jeopardy, because you are NOT being tried for the same crime twice.

Remember: a license is a privilege and not a constitutional right.

In almost every New York DWI case where the driver has an out-of-state license,

there will be consequences and hoops to jump through to clear license issues in

both jurisdictions. Our job is to see if we can get some reciprocity, eliminate

redundancy, and ensure that punishments to licensure are minimized. Even

though these people do not have a NYS driver's license, they hold (or held) New

York privileges while driving in NY, and will now face NY DMV sanctions.

It has become usual and customary to be punished administratively in two states.

New Jersey License Holders with a New York DWI:

New York and New Jersey are kindred states in many respects. Those with a

New Jersey driver's license facing a NYS DWI will have to deal with both the NJ

DMV and the NYS DMV.

The reciprocity of suspensions and of programs between the states is important

to know about.

New Jersey DMV: Three Main Things (surcharge, suspension, and

program)

1. NJ will assess a 3 year, $1000/year insurance surcharge on your NYS

DWI, (and NYS DMV will assess an additional $250/yr for three years;

for a grand total of: $3,750 over three years in DMV surcharges alone!)

From NJ website brochure on surcharge:

All Alcohol and drug-related offenses

These surcharges are billed each year for three years:

• In-state operating under the influence of liquor or drugs (DUI)

• Out-of-state DUI (i.e. NYS DWI)

• Refusal to submit to chemical test (i.e. NYS refusal)

The surcharge for operating under the influence or refusal, whether it occurs in 

New Jersey or another state, is $1,000 a year for three years for both a first and

a second violation.

2. NJ will also suspend driving privileges depending upon the driver's BAC

level “at time of arrest.”

BAC (blood alcohol concentration) less than 0.10%, = 90 day NJ suspension

BAC (blood alcohol concentration) more than 0.10%, =7 month (210 day) NJ

suspension

NOTE: NJ offers NO conditional (occupational/work) license privileges.

It is a HARD (FULL) loss of license privileges with NO exceptions. You cannot

drive at all during the suspension (in NJ or any state).

See the New Jersey Department of Motor Vehicles Website to confirm all of this.

3. You will need to do the NJ Drinking Driver Program or the NYS DMV DDP

-Basic NJ first time program is two (6 hour days) in an Intoxicated Driver

Resource Center = 12 hours total

-Compare to NYS DDP is 7 weeks (1.5 hours/night) = 15 hours total

(Most NYS Courts, the DMV, and DDP mandates an alcohol/drug abuse

evaluation/assessment)

From their website:

NJ Intoxicated driver program

Any person convicted of an alcohol related traffic offense must participate in a

program at an Intoxicated Driving Resource Center (IDRC):

New Jersey has an IDRC in each county for first and third-time offenders and

three regional centers for second-time offenders.

During the program, offenders attend mandatory Alcohol and Highway Safety

Education courses. The IDRC also evaluates each offender for an alcohol or

drug problem and determines the need for treatment. If treatment is needed, the

center refers the offender to an appropriate provider for a 16-week minimum

treatment program.

Any DWI offender may supplement the treatment with attendance at a self-help

group. IDRC monitors compliance and reports noncompliance to the courts and

MVC. Satisfactory participation in IDRC is a step toward restoring your license.

Failure to comply will result in further license suspension and possible jail time. 

COPYRIGHT CYR & ASSOCIATES 2015 

"Everything You Need to Know About a NEW YORK DWI and YOUR LICENSE!" by Attorneys Mike Cyr and Larry Newman

QUESTIONS?  Call us:  607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

Website:   www.ithacadwi.com

FB:  www.facebook.com/ithacadwi

www.twitter.com/ithacadwi  or @ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

*This post is not intended as legal advice.  If you are charged with a DWI or any crime, we strongly urge you to consult with a local, licensed DWI defense attorney immediately. 

BY MIKE CYR 

Copyright 2015

Ithaca Criminal Lawyer: What does "CONVICTION" mean in New York?

WHAT DOES "CONVICTION" MEAN

IN NEW YORK?

In this video, Attorney Mike Cyr explains what the legal term "Conviction" means in New York...

We get phone calls all the time with questions about legal issues in New York or confusion over legal terminology.  One such question about the word "conviction" gave us the idea for this video.  

You can be "convicted" in New York of all different kinds of things.  You can be convicted for a traffic ticket --or you could be convicted for MURDER!   That's a huge range of crime. 

The word just means that you pled guilty to something (or were found guilty of something) in New York.  It means that you were found to be responsible for something... nj[=pp;

So if somebody says to you, "I was convicted in New York."   All that tells you is that they had some brush with the NY legal system, it DOES NOT tell you what sort of traffic violation or crime they were involved in...so you need to ask. 

I hope this video is helpful.  If you have any additional questions about the New York criminal system (or a case you are facing), 

call us: 607-229-5184

Send me an email:  mike.ithacadwi@gmail.com 

www.ithacadwi.com 

www.facebook.com/ithacadwi

BLOG:  www.ithacadwi2.blogspot.com

www.twitter.com/ithacadwi  OR @ithacadwi

*This video is not intended as legal advice.  If you are charged with a traffic violation or a crime, we strongly urge you to consult with a local, licensed criminal defense attorney.  

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BY MIKE CYR 2015

Ithaca Vestal Bath Lawyer: Why It's a BAD IDEA to Smoke Marijuana in a Car in New York!

BAD IDEA SERIES:

Smoking Marijuana In a Car in New York

...is a BAD IDEA!

In this video, Attorney Mike Cyr continues his BAD IDEA SERIES by explaining why having or smoking marijuana in a car in New York is really a very bad idea...

For starters, marijuana has a very distinct ODOR.  If you are stopped by a police officer in New York and they notice the smell of marijuana on your clothes or coming from your car--then your charges just got very serious. 

You should know--the police in New York can stop your car very easily.  They are allowed under the law to perform a traffic stop if they notice ANY VIOLATION of the Vehicle and Traffic Law.  So if you roll through a stop sign or forget to use a turn signal, then they have a legal reason to stop your car.  If they can stop your car, then their investigation continues...  

Be warned:  for police investigations there are TWO BASIC SIGNS OF MARIJUANA:

1. Odor 
2.  Red or half-closed Eyes

If the Police smell weed or see red eyes, then they will probably have the right to search the passenger compartment of the car, and if they find any illegal drugs (marijuana or other drugs) then they WILL CHARGE EVERYBODY IN THE CAR WITH DRUG POSSESSION.  (see our other video). 

Since charges can be escalated so fast from a traffic ticket to a serious misdemeanor or felony drug possession charge, my advice is to avoid SMOKING MARIJUANA IN YOUR CAR...it's a very bad idea. 

If you have questions about a Marijuana Possession case or a DWAI Drugs VTL 1192.4 case, call us: 607-229-5184

Send me an email:  mike.ithacadwi@gmail.com

Or find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*This video is not intended as legal advice.  If you are charged with a crime in New York or anywhere, we strongly urge you to consult with a local, licensed criminal defense attorney immediately.

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BY MIKE CYR 2015

Ithaca Waterloo Elmira DWI lawyer: Are the Police REQUIRED to take notes during your DWI stop in New York?

Ithaca Police DWI notes form 2015, Photo Copyright Cyr 2015

Are the Ithaca Police (or local police) REQUIRED to take notes during a DWI traffic stop?

Short answer:  NO.  

There is no actual requirement that officers from Ithaca Police Department or any other local law enforcement take notes while they administer Field Sobriety Tests or any other notes during a DWI stop. 

However, the form you see in the photo above is available for all IPD officers to use during their encounters with people during DWI investigation stops.  It is double-sided and contains all the possible checklist of things that an officer is required to do during a DWI stop... 

...so if the officer DOESN'T fill out this form completely..it begs the question:  

WHY NOT?

Photo Copyright Cyr 2015.  IPD DWI form back side.

As you can see from all of the possible information on both sides of this form, it provides space for the officer to fill in his/her observations and provide ALL THE SPECIFICS OF FIELD SOBRIETY TEST administration. 

So, why don't we get this information in every DWI case?

I cannot answer that question.  Only the officers at IPD can. 

I have cross-examined police officers about their lack of notes during a DWI stop--and some of them have cited "Officer safety" as a reason for NOT taking detailed notes during a DWI investigation. 

I know most of the police officers in Ithaca and the surrounding area and I agree that their safety is important while they are doing their job.  I'm not disputing it.  

However, I think "officer safety" should only be used as an excuse as an EXCEPTION rather than the rule for not taking notes during a DWI arrest.  For most of my clients, the officer is never in any danger while they force my clients to perform Field Sobriety Tests on the side of the road in the middle of the night...  

These note forms SHOULD be used by police officers during their DWI investigation so that their results and what happened that evening are memorialized for trial or suppression hearing.  These forms should be used so that a defense attorney can cross-examine them.  That's the true test of if something was done right... appease the lawyers.

HOW FIELD SOBRIETY TESTS ARE ADMINISTERED is important to my client's case.  Not just the police officer's results.  

I need to know if the officer administered the test THE CORRECT WAY.  If they didn't, then the result is unreliable --and invalid.  

Also, police officers tend to neglect to put how or why my client FAILED the field sobriety tests...they just write in the report that they saw "CLUES" and failed my client.  Specifics are important when somebody's freedom is in jeopardy.

How can these notes help you?  (the DWI defendant)

If the officer actually takes notes of your DWI stop, then we have written proof of what happened that we can use to cross-examine the officer.  That is assuming there were mistakes or other positives that we can use to  your advantage in a DWI case.

If the officer DOES NOT take notes on this form....  that could also be helpful.  The very existence of this form can prove that the officer had an opportunity to do a very thorough investigation during a DWI stop...and chose not to.  

Once of the jobs of the police is to gather evidence.  I'm just hoping they do their job.  So that when I defend somebody charged with DWI, all the details of what happened that night are written down and memorialized so that I can cross-examine the officer.  

As they say, the devil is in the details. 

By Attorney Mike Cyr

P:  607-229-5184

E.  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi or @ithacadwi

CYR & ASSOCIATES, Copyright 2015

Ithaca Cortland Lawyer: Why an ACD for a Marijuana charge under CPL 170.56 is such a HUGE WIN in New York!

WHY an ACD for a Marijuana Charge

under CPL 170.56

is SUCH A HUGE WIN

in New York!

In this video, Attorney Mike Cyr explains why a DISMISSAL under CPL 170.56  (New York's Criminal Procedure Law) is such a BIG WIN for a Marijuana charge. 

As explained in a previous video, an ACD is an "Adjournment in Contemplation of Dismissal" however, for a marijuana charge there is a SPECIAL LAW for an ACD.  

Criminal Procedure Law 170.56 allows a first time marijuana offense (from a violation to a felony) to be DISMISSED and NULLIFIED as if it never happened!  

This is a very rare kind of law in New York.  No other dismissal under New York criminal law creates a "nullity" where the offense goes away completely as if it never happened.  Even Youthful Offender charges are not gone completely--they are just sealed.  

See some of our other videos for why Dismissing a marijuana offense is SO IMPORTANT in New York (could potentially destroy your chance to get Federal Student Aid)

Making it so a charge never happened is what makes getting an ACD under 170.56 is such a big win.

If you have questions about 170.56, call us: 607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This video is not intended as legal advice.  If you are charged with a crime, we strongly urge you to consult with a licensed criminal defense attorney!  

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BY MIKE CYR

Ithaca Elmira Lawyer: Can you get an ACD for a Marijuana Offense in NY? CPL 170.56

Can you get an ACD (Dismissal)

for a MARIJUANA Offense

in New York?  

In this video, Attorney Mike Cyr explains about a special law in New York that allows for an "Adjournment in Contemplation of Dismissal" for a single marijuana offense.  

There are certain criteria that you must meet to qualify for this special law:

-you cannot have a criminal record
-you cannot have ever used this law before
-you can only be charged with 1 offense 
-you must file a legal motion (need a lawyer)

Criminal Procedure Law 170.56 is a very special law in New York that was designed to help people only charged with a marijuana offense --this includes ANY level of crime as long as you only have 1 charge.  

This law is really critical is you are charged with a marijuana offense in New York and rely on ANY Federal Student Loans or other Student Aid -- because it can help save your ability to go to college or graduate school if used right.  

If you have questions, call us: 607-229-5184 

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This video is NOT intended as legal advice.  If you are charged with a crime or violation in New York, we strongly urge you to consult with a licensed attorney.

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BY MIKE CYR

Ithaca College Cornell Lawyer: How a non-criminal marijuana charge in New York could potentially DESTROY your chances to get Federal Student Aid

HOW even a New York

Non-Criminal Marijuana Charge

could POTENTIALLY DESTROY

your ability to get Federal Student Aid

In this video, Attorneys Mike Cyr and Larry Newman explain how even a NON-CRIMINAL marijuana charge in New York can potentially RUIN your chances of getting Federal Student Aid.  

To break it down, even though possessing less than 25 grams of marijuana has been deemed a civil infraction (it is still illegal), where it is a non-criminal offense and you just get a fine. 

What the police or courts do NOT tell you is that if you have any intention of ever applying for Federal Student Loans/Aid for either undergraduate or graduate school, then even a non-criminal conviction could potentially destroy your chances. 

WHY?

Because though New York has de-criminalized a small amount of weed, marijuana is still considered a CONTROLLED SUBSTANCE by the Federal Government.  And you MUST disclose any controlled substance conviction on your FAFSA.  That application must be submitted every year you request student aid and with if you decide to NOT disclose it (and they find out), you will probably lose all of  your federal student aid for both lying and the underlying offense. 

That is why it is so important to treat Unlawful Possession of Marijuana charges seriously so that you do not DESTROY your chances to get federal student loans either now or in the future. 

If you have questions, call us: 607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

In this video, Attorneys Mike Cyr and Larry Newman explain how even a NON-CRIMINAL marijuana charge in New York can potentially RUIN your chances of getting Federal Student Aid.  

To break it down, even though possessing less than 25 grams of marijuana has been deemed a civil infraction (it is still illegal), where it is a non-criminal offense and you just get a fine. 

What the police or courts do NOT tell you is that if you have any intention of ever applying for Federal Student Loans/Aid for either undergraduate or graduate school, then even a non-criminal conviction could potentially destroy your chances. 

WHY?

Because though New York has de-criminalized a small amount of weed, marijuana is still considered a CONTROLLED SUBSTANCE by the Federal Government.  And you MUST disclose any controlled substance conviction on your FAFSA.  That application must be submitted every year you request student aid and with if you decide to NOT disclose it (and they find out), you will probably lose all of  your federal student aid for both lying and the underlying offense. 

That is why it is so important to treat Unlawful Possession of Marijuana charges seriously so that you do not DESTROY your chances to get federal student loans either now or in the future. 

If you have questions, call us: 607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

BLOG:  www.ithacadwi2.blogspot.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

*This video is NOT intended as legal advice.  If you are charged with a crime or a non-criminal violation, we strongly urge you to consult with a local, licensed attorney. 


*Attorney advertising

BY MIKE CYR

BACK TO SCHOOL Series: New York's NEW 2015 SEXUAL ASSAULT and Uniform Consent laws! Important for all college students in New York.

NEW YORK'S NEW Sexual Assault

and Consent to Have Sex laws 

as of July 2015

It's part of my job as a local criminal defense attorney in a college town to keep abreast of the ever-evolving legal landscape in New York.  Last month, a big development occurred in the NY Senate for all colleges and universities in the state. 

The state legislature passed a law, BILL S5965-2015,"ENOUGH IS ENOUGH" that MANDATES that all colleges and universities in New York have uniform rules and protocols relating to SEXUAL ASSAULT cases and AFFIRMATIVE CONSENT (to have sex).  

Link here:  http://open.nysenate.gov/legislation/bill/S5965-2015

This law went into effect on July 7, 2015.  Here are some of the important highlights: 

1.  STATEWIDE UNIFORM DEFINITION of "AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY" 

Here's the new STATEWIDE definition of Consent to have Sex in New York: 

"Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create CLEAR PERMISSION regarding willingness to engage in the sexual activity.  Silence or lack of resistance, in and of itself, does NOT demonstrate consent. The definition of consent does NOT vary based upon sex, sexual orientation, gender identity, or gender expression." 

This is important to know and to understand if you are a college student.  If your sexual partner falls asleep or is otherwise unconscious (due to alcohol or otherwise), that does NOT constitute consent to have sex under this new law.  

Here is my favorite Consent analogy --the TEA VIDEO!  (really great stuff). 

2.  Creates a STATEWIDE POLICY for PROTECTING the reporting student if they are in possession of alcohol or illicit drugs.  

If you report a sexual assault, domestic violence, dating violence, or stalking --you WILL NOT get in trouble for an alcohol or drug use violation at any college or university! 

This law makes sense because it understands that many, many incidents involve drug and alcohol abuse by students.  Now, the law makes clear that the alleged sexual assault or dating violence is MORE IMPORTANT than some petty drug or alcohol school violation. 

3.  Mandates that each College and University adopt a NEW student's Bill of Rights

The new law REQUIRES that each New York college or university implement a Students' Bill of Rights --and it must include:

-the opportunity to report a sexual assault to law enforcement

-protection from retaliation from the school,

-access to services and resources

-must be distributed widely to students and college community members

-MUST be distributed at least once annually 

**Ithaca College, Cornell University, and SUNY Binghamton administrators --I hope you guys are on the ball on this new law.  It creates an onus on the school itself --not the student--to comply.**  

4.  PRIVACY in college/university conduct hearings for alleged victim/reporter

The new law places an emphasis on the PRIVACY of the individual who is the victim of the alleged assault or violence (or the reporter).  Again, the onus is on the school to be sure that they are in compliance with this requirement.  

WHAT DOES IT ALL MEAN? 

It means that the New York legislature is really focusing on decreasing the number of sexual assaults and dating violence on college campuses across the state.  It is taking steps to make sure that victims are properly treated and are given an opportunity to receive the services they need in the aftermath of a traumatic experience.  

IT ALSO MEANS:  If you are a college student in New York, you have to be super careful with any sexual partner to make sure they are really consenting AND IF YOU ARE NOT SURE--STOP.   

By Attorney Mike Cyr

Copyright 2015

607-229-5184

Email:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi OR @ithacadwi

Ithaca Campbell Avoca Ticket Lawyer: WHY Speeding Tickets at 15mph or more are SO COSTLY in New York!

WHY Speeding Tickets 15mph or more

are SO COSTLY 

in New York!

In this video, Attorney Mike Cyr explains why a Speeding Ticket at 15mph or more in New York is SO COSTLY. 

The primary reason is that if you get caught speeding 15 mph or more over the limit, then the ticket is considered a "SERIOUS TRAFFIC VIOLATION" under NYS Insurance Law.  This law allows your car insurance carrier to DRAMATICALLY INCREASE your insurance premiums for up to 3 years in New York (if convicted of one of these kinds of tickets).  

The insurance costs alone could be many hundreds of dollars per year or even thousands over a long period of time.  That does NOT include the cost of the ticket itself.  At 11-21 mph over the speed limit you are looking at penalties of up to $300 in fines, up to $93 court surcharge, and 4 points on a NYS driver's license. 

At 21 mph or more, those penalties increase to up to $600 in fines, 6 points on a NYS driver's license --and NOW, civil fines paid to the DMV called "Driver Responsibility Assessments".  

That's why these tickets should be dealt with immediately by a local, licensed attorney who understands what is at stake both short-term AND long-term.  

If you have any questions about a ticket in New York, call us:

607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online!  www.ithacadwi.com

www.facebook.com/ithacadwi

www.ithacadwi2.blogspot.com

www.twitter.com/ithacadwi

*This video is NOT intended as legal advice.  If you are charged with a traffic violation, we strongly urge you to consult with a local, licensed attorney.  

*Attorney advertising

BY MIKE CYR

Ithaca Seneca Falls DWI Lawyer: Is the New York Drinking Driver Program mandatory???

Photo of actual New York DMV DDP pamphlet

Is the Drinking Driver Program MANDATORY for those convicted of drunk driving in New York?

My clients ask me constantly:  Do I HAVE to take the Drinking Driver Program?

My short answer is:  Probably eventually--if you want to have a Conditional License during your suspension or revocation.  Read entire post. (this only applies to DWI cases with alcohol...not drug cases).  There is no clear answer due to practical realities in NY.

I'll break it down into two distinct phases of a DWI case...

PHASE ONE - BEFORE you are sentenced on a DWI

If you are charged with a DWI in New York, you will likely be eligible for a CONDITIONAL LICENSE 30 days following your first court appearance.  

[Exception:  if you had a Conditional License within 5 years of your new DWI charge - in that case, you get no driving privileges before or after sentencing]

So, 30 days after your arraignment (first court appearance), you can go to the local DMV, pay $75 and get your "Pre-Conviction Conditional License."  

HERE IS INFO from the DMV website on the Conditional License:

Where and when you can drive

A conditional license/driving privilege is not valid to operate a taxicab or a vehicle for which a Commercial Driver License (CDL) is required.

If you receive a conditional license or conditional driving privilege, you may drive ONLY under the following circumstances

• to and from your place of employment
• during the hours of employment if your job requires you to drive a motor vehicle
• to and from a Motor Vehicle office to transact business regarding the conditional license or Drinking Driver Program (DDP)
• to and from a class or activity that is an authorized part of the DDP
• to and from a class or course at an accredited school, college or university, or at a state-approved institution of vocational or technical training in which you are enrolled - a conditional license/driving privilege CANNOT be used to drive to and from a high school
• to and from probation activities ordered by the court
• during an assigned period of three consecutive hours between 5 am and 9 pm once a week - the assigned period will not be changed unless this privilege is amended
• to and from a medical appointment that is part of necessary treatment for you or a member of your household - you must carry a written statement from your licensed medical practitioner as evidence, and show it to any police officer who asks to see it
• to and from a child’s school/day care if the child’s attendance at the school/day care is necessary for you to maintain employment or enrollment to an accredited school, college or university, or at a state-approved institution of vocational or technical training

http://dmv.ny.gov/tickets/conditional-license

This Pre-Conviction Conditional License (PCCL) is good until you are sentenced on the DWI charge.   *You have not taken the DDP yet, but you are ELIGIBLE due to the charges against you. 

PHASE TWO - AFTER you are sentenced on a DWI

After you get sentenced to ANY drunk driving-related charge in New York, you will have to change your "Pre-Conviction Conditional License" (PCCL) to a "Post-Revocation Conditional License" (PRCL) by actually going to the DMV in-person.

What's the difference between the PCCL and the PRCL in terms of your driving privileges?  

Answer:  NOTHING!   They provide the same privileges-just use different names.

Your PRCL will give you driving privileges until the end of your revocation or suspension.  

What does this have to do with the DDP?

When the DMV computer system gets updated with your DW conviction (typically takes 12-14 business days after sentencing in the court in our area of upstate NY), you will have to physically go to the DMV to change your PCCL to a PRCL.  

At this interaction, the DMV will EXPECT you to sign up for the Drinking Driver Program.  This is where they give you an ultimatum: 

"If you want to continue to drive on a Conditional License --you will have to take the DDP."

But is it TRUE? 

It's a complicated question because the information my clients receive from the actual DMV is DIFFERENT from the information on the DMV website.  At the DMV, representatives tell my clients you MUST participate in the DDP if you want to continue driving on your PRCL.... but see this text below from the New York DMV website...

Eligibility

Participation in the Drinking Driver Program is available on a voluntary basis if you have been convicted of an alcohol or drug related driving violation, unless you have participated in the program within the last 5 years, or have been convicted of another alcohol or drug violation within 5 years of the current alcohol or drug violation.

http://dmv.ny.gov/tickets/about-drinking-driver-program

HOW DO WE HANDLE THIS PARADOX?

*We encourage our clients to take the DDP.  The benefits outweigh the costs in most situations. 

We tell our clients to sign up for the DDP at the actual place where the class is given because sometimes the DMV representatives overcharge for the course.  The costs varies in each county based on the DDP provider.  Maximum cost is $225.

What happens if you decide NOT to participate in DDP?

Despite what I just posted above from the DMV website, the hard reality is that they could (potentially) take away your Conditional License.  If you let this issue go and simply try to evade the DDP over the course of your revocation or suspension, it is possible that the DMV will catch it at the conclusion of your suspension and force you to take it BEFORE they give your full driving privileges back.  Whether they are right or wrong...

This issue is complicated because this is the feeling of some DMVs around the state, but the DMV website claims that the program is VOLUNTARY. It's a difficult issue to navigate because sometimes when people are "supposed" to do something, they don't follow the rules.  

Remember, the DMV is the Judge, Jury, and Executioner when it comes to your ability to drive in New York.  They can do whatever they like.

What is the benefit of participating in DDP?

If you take the DDP, then you will maintain your conditional driving privileges.  Also, and more importantly, you MAY have your full driving privileges restored EARLIER than you were sentenced.  For many first time offenders, the DMV will give FULL PRIVILEGES BACK upon completion of the DDP.   So, if you have a 6 month revocation and you complete the DDP at the 3 month mark, it is possible that the DMV could cut your revocation short by 3 months!  That's a huge amount of time.  

Ultimately, it is in the DMV's discretion is they choose to do this.  It is handled on a case-by-case basis.  If you have a clean history and are a first time offender, you have a good chance of having this happen.  It's a good thing. 

I hope this post was enlightening on a confusing topic.  To take or not to take the DDP...

By Attorney Mike Cyr

Copyright 2015

Call me with questions:  607-229-5184

Email:  mike.ithacadwi@gmail.com

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