Watkins Glen Ithaca DWI lawyer: New York DWI consequences for South Carolina license

Ithaca DWI Attorney: SOUTH CAROLINA LICENSE CONSEQUENCES WITH A NEW YORK DWI

We get tons of phone calls from all over the country asking us "what will happen to me in my home state (not NY) after I got my New York DWI?"   Bearing in mind that we are not licensed to practice law in all 50 states (between Larry and me we are licensed in 7 states), we do our best to consult with licensed attorneys and do our own research to help people deal with license consequences in as many states as we can. 

For today's blog, I've chosen to outline the license consequences in South Carolina because of a case we're currently working on.  

*DISCLAIMER:  I am not a licensed South Carolina attorney and the information we are providing is for educational purposes only.  If you have a South Carolina issue, we advise you to contact a South Carolina attorney.  Thanks! 

What's South Carolina going to do to your license if you get a DWI in New York?

1. They require a 16 hour Program to be performed after you are convicted in New York.  Fortunately, they will allow you to take a similar program out-of-state to meet the requirement.  In New York, the only program that will likely meet the requirement of South Carolina is the New York Impaired Driver Program (aka IDP).  The IDP is a 15 hour program over the course of 7 weeks that is run by the NY DMV.  Since the NY program is only 15 hours, South Carolina will allow you to take the NY program and then do an extra hour in South Carolina or potentially some other hour of counseling later.   [so the NYS DMV 15 hour program plus one hour of counseling = 16 hours]

2. South Carolina will allow you to obtain a "provisional license" (only good in SC) and unlike the NY Conditional license, it is route specific.  In other words, you are only able to drive on a certain route and must not deviate from it.  That route will be predetermined by SC DMV.  The approx. cost is $100.

3. South Carolina will require you to get a SR-22 for insurance purposes (this is a vehicle liability insurance certificate). This is required by the state. (SR = safety responsibility)

*FYI, only 8 states don't require a SR-22 (Delaware, Kentucky, Minnesota, New Mexico, Oklahoma, Pennsylvania, New York, and North Carolina).

The SC version of NY's "Impaired Driver Program" is the ADSAP

ADSAP Interstate Phone line (kinda rhymes with Aflac): 843-821-5412

South Carolina's "Alcohol and Drug Safety Action Program" is a program certified by the South Carolina Department of Alcohol and Other Drug Abuse Services. Completion of this program is required following Driving Under the Influence suspensions (any place or you must check for reciprocity). ADSAP enrollment must be on file with DMV before obtaining a Provisional License (their version of NY's conditional/occupational). ADSAP completion must be on file with DMV before your driving privileges can be restored in South Carolina.

SC's "Provisional Driver License"

Individuals suspended for first offense driving under the influence (in NYS or SC) or unlawful alcohol concentration will be eligible for a provisional license if they meet the following criteria:

-They must have or have had a South Carolina driver’s license or be exempt under South Carolina Code of Laws 56-1-30.

-They must have no other suspensions following the driving under the influence or unlawful alcohol concentration suspension except implied consent, implied consent under 21, BAC of .02 or greater, BAC of 0.15 or greater deriving from the same incident.

-They must have enrolled in the Alcohol and Drug Safety Action Program (or likely the NYS DMV IDP equivalent, so check).

-They must have a certificate of SR-22 insurance on file with the Department of Motor Vehicles.

-The cost for a provisional driver’s license is $100.00.

(These provisional licenses are very specific. Detailing: where, when, how, and why you are driving.)

CONCLUSION

There are ways to begin dealing with the South Carolina portion of the license issue even while you are still residing in New York.  So if you are convicted of a New York DWI while visiting Ithaca, Watkins Glen or the surrounding areas, and you cannot return home to South Carolina for a while, there are still steps you can take to limit your exposure back home.  

I hope this info helps anybody with this specific issue.  However, if you want to go straight to the source, give us a call, shoot us an email or fill out the form on our website.  

BY MIKE CYR

607-229-5184

NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising

*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

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

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising

*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

Ithaca Watkins Glen DWI lawyers: ADVANTAGES of going to NY DMV Refusal Hearing (Part 1)

ADVANTAGES of going to the New York DMV Refusal Hearing (Part 1)

In my new blog series,"Advantages of Going to the New York DMV Refusal Hearing" I'm going to touch on all of the reasons why Larry and I really focus on the importance of the NY DMV Refusal Hearing for DWI Refusal cases in our office.  As Larry has written in our EBOOK "How to Handle the DWI Refusal Case"  -- we believe that the administrative hearing can be helpful when defending a DWI Refusal in New York.

*DISCLAIMER:  However, bear in mind, we evaluate every single case we take on its individual merit and so there will be some cases where going to the DMV hearing is unnecessary or even possibly harmful to a client's case.  Again, we determine if the DMV hearing will be helpful on a case-by-case basis.  

WHO GETS AN ADMINISTRATIVE DMV REFUSAL HEARING in NY?

You will only get an administrative DMV Refusal hearing IF you either expressly or impliedly Refused the chemical test in NY.   You don't get a DMV hearing if you refused the Preliminary Breath Test ("PBT") on the side of the road.  You only get a DMV hearing if you refused the breath or blood test offered at the police station or hospital.  

Basically, if the police decide you "refused" the chemical test, you will get a DMV Refusal hearing.  We will later talk about "express vs implied" refusals.

WHAT HAPPENS AT A NEW YORK DMV REFUSAL HEARING?

This is a complicated question that we will cover throughout our multi-part blog series over next few days.  In its simplest form, an administrative law judge will determine if you legally refused the chemical test --and will then determine if you lose your driving privileges for that same refusal.  

Generally, the arresting officer(s) will testify to the Judge about your arrest (i.e. why they stopped your car, why they thought you were driving impaired, and why they arrested you) and then about how they warned you about what would happen if you refused the chemical test. Finally, they testify that you actually refused one way or another.

After the officer(s) testify, we as defense counsel get an opportunity to cross-examine the police officer about everything he testified to --and usually some other areas as well.  

(I will give detailed info about our cross-examination in a future blog post)

Then, the Judge decides if you legally REFUSED and if you will lose your driving privileges or not.  

That's the absolute basics.  It's more complex --and you will see why in my other posts. 

WHAT'S THE PUNISHMENT FOR LOSING THE DMV REFUSAL HEARING IN NY?  

It depends.  On a first offense DWI Refusal, the driver will lose their privileges for 1 year from the date determined by the Judge at the hearing.  This also means that you are NOT eligible for any pre-sentence driving privileges while the criminal case plays itself out. You would be eligible to get a conditional license AFTER sentencing.  No hardship or conditional licenses BEFORE the case is over  You will also have to pay a civil DMV fine of $500 plus an additional "Driver Responsibility Assessment" to the DMV of $750 (payable in installments over 3 years i.e. $250 a year).  The DMV will send you a bill in the mail.

If you've had more than one DWI Refusal in your life--then the punishments can be harsher. 

WHERE DO THEY HOLD THESE ADMINISTRATIVE DMV HEARINGS?

We have a practice that covers many counties in the Finger Lakes region of upstate NY, and so that answer is pretty spread out... 

If you have a DWI Refusal in one place, then the DMV hearing will be located based on where the arrest occurred.  Here's the list of ones we go to most frequently: 

County where you were arrested:   Tompkins, Cortland, 

Location of DMV hearing:   Cortland County Courthouse

County arrested:  Schuyler, Steuben, Chemung

Location:  Painted Post Municipal Building (in Painted Post, NY)

County arrested:  Yates

Location:  Farmington Town Court, in Farmington, NY (close to Rochester)

County arrested:  Seneca

Location:  Federal Building Lyons NY (in Wayne County)

For the full list of all the DMV Refusal Hearing locations, CLICK HERE

CAN YOU POSTPONE ONE OF THESE DMV REFUSAL HEARINGS IN NY?

Not if you want the DMV hearing to help you in your criminal DWI Refusal case.  Unfortunately, these hearings are extremely difficult to reschedule through the DMV Safety Bureau.  On average, if you reschedule your hearing, it will be put back on the docket about 6-9 months later in our area.  In other words, your criminal case will likely be over or decided so that the hearing cannot help you with your DWI charges.  

So, that means we never want to postpone a DMV Refusal hearing.  We go to them come hell or high water (unless we've decided the hearing itself is unnecessary for your particular case).  This also means that it is equally important for people to contact us well before their scheduled DMV hearing so that we have as much time as possible to meet with you and prepare for it.

Well, that's it for today  Check back for more info in future posts about the New York administrative DMV Refusal Hearing (and how it can be used to the DWI Refusal client's advantage!) 

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, 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:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising


*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.

Can the Judge Keep your Out-of-State Driver's License after a New York DWI?

CAN THE JUDGE KEEP 

YOUR OUT-OF-STATE DRIVER'S LICENSE AFTER A NEW YORK DWI?

http://www.ithacadwi.com

The police will usually issue multiple DWI charges for the same event. DWIs come in all different sizes and colors: there is alcohol DWI and drug DWAI, and high BAC aggravated DWI, and common law DWI, and DWI per se. 

In this video, I seek to explain why the judge or the police should not take or keep an out of state driver's license after a New York DWI arrest.

Any New York DWI will eventually result in a license suspension by the court, but New York Courts only have power and jurisdiction over your New York State driving privileges. An out of state license is still good in the other 49 states. The Courts are supposed to merely photocopy your license and give it back if you are from another state. Sometimes Judges and police take and keep a license form an out of state motorist... this is wrong on multiple levels. It is holding their property (the license) hostage.

Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.

If you have questions about a marijuana charge, DWI, felony charge, misdemeanor charge or another violation in Ithaca, Watkins Glen, 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:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising

*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Watkins Glen DWI lawyer: Is it SMART to Refuse Police Tests in NY?

Is It SMART to Refuse Police Tests

in New York?

This video is about whether it is smart to take any police DWI tests. Some people take some of the police roadside tests like the one leg stand, and the walk and turn test, but then refuse the chemical test of their breath back at the police station. That is called a refusal. 

Other people take the big breath test but don't take the field tests. In my opinion if you're going to refuse, refuse all, and don't make any statements. Everything you do, everything you say, and every test you perform is evidence. It is all evidence that they intend to use against you to prove DWI or DWAI drugs.

Evidence that even hints of impairment or intoxication is going to make you look bad in their police report. It basically gives the police ammunition to use against you in a court of law.

If you have questions about a DWI or a DWAI drugs case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.

Ithaca Elmira DWI lawyer: Three Types of Police Tests for DWI in New York

Three Types of Police TESTS

for DWI in New York

This video is about the three different types of police tests for DWI in New York State. Police usually give a barrage of tests preceding an arrest for DWI or DWAI drugs.

The three main categories are:

1. The field side or road side sobriety tests. These are part coordination exercises, mental exercises, walking a line, standing on one leg, touching your finger to your nose, etc.

2. The PBT Pre-liminary breath test. This does give a specific number but is inadmissible for BAC (blood alcohol concentration) but is admissible (probable cause) to arrest for a DWI or DWAI drugs.

3. The Chemical test. The is the breathalyzer that everyone is familiar with. Refusing this has driver's license consequences.

Each one of these tests can be used as evidence in the case against you in one form or another. Refusing some or all is legal in NYS but can have license consequences.

If you have questions about a DWI or a DWAI drugs case in Ithaca, Watkins Glen, or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

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. 

*Attorney advertising

*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.