Chapter Eight
LICENSE
PENALTIES IN YOUR HOME STATE!
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.
Pennsylvania License Consequences
Few states do not have
penalties for out-of-state of DWI/DUI/OUI/OWI (the number of different acronyms
is staggering). We can only name one state currently that has NO out-of-state
administrative penalties, drumroll please... Pennsylvania. If you are convicted of a DWI in NYS, then
there will be no consequences on your license in PA. Good news for you PA
drivers.
Massachusetts License Consequences
Mass RMV will accept notice
of NYS DWI conviction through National Driver Registry and reciprocate on that
notice as if the offense occurred in MA.
Initially, a one (1) year loss of license is the reciprocal penalty,
however, if you complete a program in NY that satisfies MA version of
"first offender alcohol program" they will reduce reciprocal
suspension to 45 days, deemed served, once NYS reinstates your driving
privilege in NY. The NY "Drinking
Driver Program" may satisfy the MA
"first offender alcohol program" requirement, but MA also has
discretion to NOT accept it. However, be warned that there is no hardship
license in MA if your driving privilege remains suspended out of state.
If Mass finds out about your
DWI conviction, they will suspend your MA license for one year, assuming it is
a first offense. The suspension can be reduced to 45 days if the client enrolls
in a 16 week, 1 hr per week program in MA.
If you can show enrollment in the program and provide a letter from your
employer indicating that you need your license for work (or public
transportation is not available), you can get a hardship license for the entire
45 day suspension. If the one-year suspension holds up, you can only be
eligible for a hardship license after 3 months of revocation in MA. The problem
lies with the NY suspension. If you are suspended in NY, then MA will not give you
ANY DRIVING PRIVILEGE at all until the out-of-state suspension is over.
Even if the suspension is
not reported to the MA RMV, if the client comes up for renewal in MA they will
do a National Driver Registry check and find out about it that way. This will
cause the suspension and penalties to trigger in MA. Be forewarned that in
addition to the suspension, there will be RMV costs and penalties as well.
Here is the link info to
the MA Hardship License Application:
http://www.massrmv.com/rmv/suspend/downloads/OUI_Criteria.pdf
More general info on MA
OUI convictions:
http://www.massrmv.com/rmv/suspend/oui.htm
THE KEY Takeaway:
Whatever state you come from
or go to (with a DWI/DUI) you will have to deal with the DMV in both
jurisdictions (understand the rules/laws) to
completely restore and clean your driving record/history.
If you have questions about a New York DWI or DWAI drugs charge in Ithaca, NY or the surrounding counties, please give us a call, shoot us an email or fill out the form on our website. We will be happy to talk to you.
BY MIKE CYR
607-229-5184
NEWMAN & CYR
Or find us online!
www.ithacadwi.com
www.watkinsglendwi.com
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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
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*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.
