Tuesday, September 18, 2012

New York DWI with a South Carolina Driver's License



I live and work in the Finger Lakes, actually beautiful Ithaca, NY. Believe it or not we get a great many tourists, visitors, and those just checking out Upstate NY and what it has to offer.

My law practice focuses on cars. All things car related. Which of course often includes dealing with the dreaded DMV. Well in the scheme of things they are not as bad as people might imagine. I sometimes call my compadres (similar lawyers in other states) to find out the consequences, punishments, and penalties that my clients passing through NYS will now face back home.

Dealing with Interstate DMV Issues 

We live in a global world, people constantly moving about place to place, some residing, some just taking on temporary work/assignments, and some just going to school. Issues (problems) arise when we have the involvement of more than one DMV in their lives. Having a NYS DMV (license/privilege) problem often causes license and insurance issues back in your HOME state.

Traffic offenses/moving violations can trigger license suspensions and/or revocations of NYS privileges to drive. For those who do not address these tickets they will be convicted by "default." This is called a default conviction. You do nothing about the tickets and you are found GUILTY by NYS, it's that simple.

New York DWAI/DWI/ADWI/DUI also triggers many IN-STATE MANDATORY license/privilege penalties.

1. Fines/surcharges
2. Certified drug/alcohol evaluation/assessment
3. License restrictions/suspensions/revocation/conditions
4. Classes/DMV programs (Drinking Driver Program)
5. Treatment/therapy/rehabilitiation related to the recommendations received post-evaluation

New York DWAI/DWI/ADWI/DUI also triggers many OUT OF STATE MANDATORY license/privilege penalties.

YOUR NYS DUI/DWI Lawyer is going to find out and assist you in dealing with your HOME state as well as NYS

1. What are your penalties back home?
Fines? Fees? Surcharges? 

2. Can anything done in NYS be given credit (reciprocity) back HOME?

Will they accept the NYS evaluation? The NYS DMV DDP? The NYS conditional license is it good in the HOME state?

SOUTH CAROLINA DMV WITH A NYS DWI

First off, when contacting South Carolina I expected people to answer the phone and talk to me with that beautiful southern accent. I was so disappointed that they were from other states with unfortunately a not sweet nice ring to their voice. BUT they did have a special unit for Interstate Problems (they are advanced):

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

1. They require 16 hour Program Like theirs so the NYS DMV 15 hour program plus one hour of counseling = 16 hours
2. Their provisional license (only good in SC) and Route specific   cost $100
3. Need an SR-22 for insurance (this is a vehicle liability insurance certificate) This is required by the state. SR = safety responsiblity

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

THE SC "DDP" is the ADSAP


Their "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 (anyplace or you must check for reciprocity). ADSAP enrollment must be on file with DMV before obtaining a Provisional License (their conditional/occupational). ADSAP completion must be on file with DMV before your driving privileges can be restored.


SC 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:
  1. They must have or have had a South Carolina driver’s license or be exempt under South Carolina Code of Laws 56-1-30.
  2. 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 .15 or greater deriving from the same incident.
  3. They must have enrolled in the Alcohol and Drug Safety Action Program (or likely the NYS DMV DDP equivalent, so check).
  4. They must have a certificate of SR-22 insurance on file with the Department of Motor Vehicles.
  5. The cost for a provisional driver’s license is $100.00.
BTW These provisional licenses are very specific. Detailing: where, when, how, and why you are driving.

Key Takeaway: You must check both NYS and the other state license you holds DMV to comply with all administrative actions.


Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic
Attorney at Law

http://www.ithacadwi.com

504 North Aurora Street
Ithaca, NY 14850
607-229-5184