Wednesday, August 9, 2017

BACK TO SCHOOL SERIES: Ithaca College and Cornell students be aware of OUT-OF-STATE license consequences with a NY DWI


BACK TO SCHOOL SERIES: Ithaca and Cornell students should be aware of OUT-OF-STATE license consequences with a DWI in New York


Getting a DWI in Ithaca, NY


Most people that come to college or grad school in Ithaca, New York understand that there are significant penalties associated with getting charged with a DWI in New York state.   Unfortunately, many people who call our office do not fully appreciate the possible license consequences they face in their home state (i.e. not New York).  

The police in Ithaca, NY and surrounding areas are particularly vigilant when patrolling for DWI in this region.  The combination of the Ithaca Police Department, Cornell University Police, the Tompkins County Sherriff's Department and the New York State Police give Ithaca a high police presence when it comes to DWI patrol and enforcement.  The Ithaca Police Dept. will keep close watch on the Commons and other popular bar locations around town during weekends and other heavy drinking days.  It's important to understand the environment that a student is moving to... 


You will be punished in your home state for a NY DWI


The license consequences for a New York DWI vary widely from state-to-state.  In an effort to help people navigate license stuff following a New York DWI, Larry and I wrote a book.  It's called "Everything You Wanted to Know about a New York DWI and Your License" (you can check it out on Amazon.com).  

Here's an excerpt from the book:  


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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