Ithaca Corning DWI lawyer: LAW UPDATE--Court of Appeals upholds DMV regulations denying relicensing in NY

LAW UPDATE MAY 2017:

New York Court of Appeals

(the State's highest court)

upholds the 2012 DMV regulations

allowing them to take away your 

license FOREVER.

Hello all, I'm back to blogging.  It's been a busy few months, but this legal update was too important to not write about... 

At my practice, Larry and I get tons and tons of phone calls about DMV relicensing issues following a DWI conviction or multiple DWI convictions... especially since they changed the rules and increased the harshness of the consequences in 2012.  

The issue has finally been put to bed (after many years of litigation through the various levels of the state's courts) in the following case: 

Matter of Acevedo v. New York et al  (CLICK TO READ DECISION)

Since these (formerly) new DMV regulations went into effect in 2012, the biggest DWI lawyers in the state have tried to challenge them.  They have failed. 

To sum up, in 2012, the DMV got tough on DWI repeat offenders and increased the frequency and harshness of penalties for people who got more than one "alcohol-related offense" on their driving history.  

HERE'S the TEXT OF THE PENALTIES:  

Penalties for multiple offenders

New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

• Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

• Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP) and will be required to submit proof of rehabilitation.

Most people that call us have 3 or 4 "alcohol -related offenses" in a 25 year period that deal with these DMV penalties.   

Basically, if you get 3 in 25 years, most of the time, you will have a 5 year revocation without any driving privileges and then 5 years of a conditional license with an ignition interlock device required on your car.  

If you get 3 in short period of time, like 10 years, then you could be facing a lifetime revocation of your license. 

If you get 4 in 25 years (or more), then you're facing a lifetime ban.  

(although I got a call this week from somebody who got 2 DWI's in 5 years with a Reckless driving conviction --and was facing a lifetime ban as well.  His driving history must have been pretty bad for them to do that--and under the law of this new case, they can do it!)

What people often don't understand, is that "alcohol-related offense" does NOT just mean a conviction for DWI or the lesser-included DWAI alcohol.   It can also mean any REFUSAL to take a breath test.  So, even if you had a great lawyer and you got a potential DWI dismissed after you refused a breath test, you can still face these DMV sanctions due to the civil breath test refusal. 

ALSO, the DMV doesn't JUST take into account your "alcohol-related offenses" when they figure out if they will give you a license or not... they look at your ENTIRE DRIVING HISTORY.   They will consider any tickets (speeding, cell phone, lane change violations, stop light violations, etc) and other driving offenses like reckless driving in conjunction with your alcohol history.  It's the whole thing taken together in the aggregate.  

WHAT DOES THE RESULT OF THIS CASE MEAN?

It means that the DMV has the legal right to do whatever they want to your license in NY.  They are the Judge, Jury, and Executioner when it comes to giving somebody their license back or taking it away in the first place.  All you can do is jump through whatever hoops they want you to jump through, and hope they give you another shot sometime in the future. 

When people call me and ask me: "what can I do?"  

I usually say:  "WAIT."  

The DMV is concerned about repeat offenders, and the people they punish are usually those that have shown they cannot be trusted with a driver's license.  Therefore, show the DMW over a long period of time that you no longer pose a threat to the general public.   That you've aged/matured, held a steady job, had a family or have been responsible in other areas of your life.  Wait 5 years or 10 years before you reapply (in the case of a lifetime ban).  Take alcohol classes, get treatment, and do whatever you can to prove you are not a "dangerous driver" anymore.  

Unfortunately, there is nothing an attorney can do about this particular issue at the moment.  Some of the best DWI defense lawyers have given it their best shot and the courts have decided in favor of the DMV.  Suing the state of NY or the NY DMV is not an option.

MY BEST ADVICE TO THOSE WITH 1 DWI (or more)... BE CAREFUL.  DRIVE SAFELY.

If you were convicted of ANY alcohol-related offense, including a DWAI (a violation --the lowest form of DWI in NY), be careful.  New York has decided that it will not tolerate DWI repeat offenders and the DMV has the power and weight of the government to strip your license and ability to drive.  

When I say drive carefully, I mean, no speeding, no tailgating, no cutting people off --etc. In New York, having a driver's license is a "privilege" not a right --so make sure that the state cannot take that privilege away from you.  Because if they do, there's not much you can do to stop it. 

I hope this post is helpful.  You're always welcome to call with questions.  

Best,

Mike Cyr

If you have questions about a DWI charge, criminal felony/misdemeanor charge or another violation in Ithaca, Cortland, Watkins Glen, Elmira, Seneca, Chemung, Yates, Steuben County or the surrounding counties of Upstate New York, give us a call, shoot us an email, or fill out the form on our website:

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