 |
| NY Conditional License (image courtesy of resourcetraining.org) |
WHAT IS A NEW YORK
CONDITIONAL LICENSE
AFTER BEING CHARGED with
a DWI ?
So there are a few things everybody should know about obtaining a "Pre-conviction Conditional License" (aka PCCL --pronounced "pickle") in New York after being charged with a DWI...
1. You are NOT eligible for a PCCL until 30 days from your ARRAIGNMENT on a DWI charge. (that's usually your first court appearance)
2. 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.
3. You must attend the DRINKING DRIVER PROGRAM (DDP) to be eligible for the PCCL.
4. Conditional license revocation
Your conditional license will be revoked if you are convicted of violating any conditions listed in “Where and When You May Drive” or of any moving violation, including those concerning cell phones, seat belts, or child safety seats or systems.
After the conditional license is revoked, you may continue to attend the DDP, but you must not drive under any circumstances. If you are over 21 years old and complete the program without additional convictions, your full license will be restored at the end of the program if you meet all other requirements. If you are under 21 and your conditional license is revoked, you must serve a one-year revocation even if you complete the DDP.
Your conditional license will also be revoked if you are convicted or found guilty of any additional alcohol or drug-related violation, or any other violation that usually results in license revocation. If your conditional license is revoked, you may continue to participate in the DDP without driving, but you will not be re-licensed immediately after you complete the program. The DMV will consider your re-licensing only after you have completed the DDP and have served any required revocation period.
If you are dropped from the DDP, your conditional license will be revoked. If this occurs, your original license suspension or revocation will be reinstated for its full length. To re-enter the DDP, you must obtain the consent of the DDP director.
BOTTOM LINE:
If you are eligible for the DDP, you are probably eligible for a Conditional License. If you get caught doing anything ELSE (speeding, running a red light, etc) during the conditional period, your driving privilege will be revoked.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
