Saturday, July 12, 2014

New York DMV: New Policy on Re-Licensure After 1st DWI

If it was ONLY this Easy?
from thebigrocks.com


First, let me say this is not a published or known NYS DMV policy. The DMV rules are changing all the time. This is something that is being done as of NOW! Nobody sent me a memo, and no one has even discussed this at a New York DWI/DUI seminar or conference.

THIS IS THE PROBLEM: 

You can't prepare DWI clients for lengthy license issues without prior knowledge of the rules (policies).

In the Before Time (before July 11, 2014)

That said, the New York State DMV used to give back a driving privilege early after completion of their DDP (drinking driver program). In other words, they would trump the Court's suspension/revocation time period. Remember, license suspensions of 90 days are for VTL 1192 (1) DWAI (driving while ability impaired), and license revocations of 6 months or 12 months were for VTL 1192 (2) DWI .08 or more and VTL 1192 (2) (a) (a) Aggravated DWI .18 or higher.

This was published in their DMV books/manuals, and was their policy. For a 1st time DWI or DWAI or ADWI in New York, no complications (major accident/injury), and you then do the DDP, bingo RE-LICENSURE. Easy- Peasy…

From Shannondonnelly.com
EASY NO MORE


In the After Time (Post July 10, 2014)

Now the New York State DMV will require those that have been licensed in any other state/jurisdiction before New York State licensure to get a certified/sealed/stamped driving history from all these places and send them to DMV headquarters in Albany, NY to get re-licensed. Yes, this will take time. Is this another PITA (pain in the a--) YES!

How do I know this?

A recent DWI client went to apply for re-licensure. Completed the DDP and went into the DMV with his letter. They stopped him, asked him about a prior license in Maryland, from 5 years ago.

Now you have to get a certified/sealed/stamped driving history from MD, and then send this to Albany with this form called:

NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
DRIVER HISTORY DISCLOSURE

1. Have you ever applied for or been issued a driver license in New York State or elsewhere in any other name?

2. Please list all places in which you have been issued a driver license. Include all U.S. states (including NY), territories and possessions; District of Columbia; and Canadian provinces or territories.

3. Have you had any alcohol/drugged driving convictions in your lifetime?

a. if yes, indicate how many in:

New York ________
Other than New York_______

b. Indicate the non-New York state (s) or other location (s) and the year in which those alcohol/drugged driving conviction (s) occurred.

STATE (or other location) _________________  YEAR ______________
STATE (or other location) _________________  YEAR ______________
STATE (or other location) _________________  YEAR ______________

CERTIFICATION: I certify that the information I have given on this form is true. i understand that the NYS DMV may contact the jurisdictions indicated to validate the information provided.

IMPORTANT: Making a false statement on this disclosure; or in any proof or statement in connection with it, or deceiving or substituting, or causing another person to deceive or substitute in connection with this disclosure, may subject you to criminal prosecution for a misdemeanor or felony under the Vehicle & Traffic Law and/or Penal Law.

Signature: __________________________   Date:__________________

MV-47 (3/13)

I guess the form New York State DMV MV-47 was developed (created) in March of 2013. I had not heard about it until yesterday. What is scary is what other things may be sprung upon us? Going through the getting of records state to state is hard enough, waiting for months (if you are lucky) for the Albany DMV to act or respond is another Herculean challenge.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com