Monday, September 1, 2014

Do You Have To Take the New York DDP (drinking driver program) to Get Your License Back?

My Inspiration!

You know the more I practice the more I truly believe law is all about reading comprehension. I have taken multiple bar exams (btw that's more than a couple). Spare me for bragging but If I had to give advice on taking them (and passing) it would have more to do with learning how to read than memorizing rules of law.

Why Don't People or Lawyers Read?

People are naturally lazy. To all the ditch diggers out there I apologize but I think the hardest work is mental concentration. It is taxing and tiring. Few people past high school even pick up one book. Many of the lawyers I know buy books but never read them. They look good on their shelves as eye candy but the value contained within is hardly explored.

I'm Not the Smartest Guy in the World but,,,

My confession: I love to read. I love books. I buy real paper books, and then mark them up. I know it's sacrilegious but I write in and on and through my books. I devour them. IMHO They were meant to be used and used up. I take notes and journal. They give me ideas, nurture my creativity, and along the way I grow and transform. I wasn't the top guy in my class or valedictorian or summa anything but I am the turtle. Slow and sure, I go, take courses, seminars, workshops, and I read and I grow myself. I believe anyone can.

So Why Begin Here, Online I answer Questions and Other Lawyers answer these same questions and
I can't believe some of the answers.

A recent query:

Do You Have To Take the New York DDP (drinking driver program) to Get Your License Back?

Many lawyers, many of them professing New York DWI expertise/criminal defense expertise saying oh yeah DDP is a must, a mandatory to get a NYS driver's license back after a DWI.

The Truth comes from the mouth of the New York State DMV booklet, a mere public booklet that explains to the general lay public about the program. Try reading some basic brochures, it's enlightening.


There is no DDP requirement. 

The DDP is voluntary unless ordered by the judge upon sentencing. It is not necessary for relicensure. It is only a necessity for those who want a conditional license during their suspension or revocation period. 

From the DDP brochure from NYS DMV: 

However, you may be eligible for a conditional license or a conditional driving privilege if you participate in New York State’s Drinking Driver Program (DDP) or an approved out-of-state program. 

If you are eligible "to participate" in the Drinking Driver Program, even if you "choose not" to participate, you will not be eligible again for the program or a conditional license for the next five years. In some instances, the court may order you to participate even if you already attended the DDP within the previous five years. However, you will not be eligible for a conditional license in this instance. 

Now does the word PARTICIPATE sound mandatory? How about the section in the brochure that asks, "what if you choose not to participate?" Would that even be necessary if it was a must?

Anyway, be careful who you hire and remember reading is a lost art.

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


newman.lawrence@gmail.com
607-229-5184

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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers