Three "Easy" Steps to Overcoming the NYS DMV Re-Licensing Nightmare

Seriously, it's NOT everyone, it just feels that way!
from pinterest.com

Not all nightmares come in the night, dealing with the NYS DMV can be an exhausting experience at times. Why is this so? Need I discuss all the bureaucratic red tape, forms, lack of or mis-communication between the courts, the DMV, county probation officers, county ignition interlock monitors, and YOU.

THE REASONS FOR THIS LEGAL QUAGMIRE

1. Electronic transfers of information sometimes get one key stoke too many or too few or just wrong.
2. There is so much going on with a DWI case or multiple traffic violations that things get missed.
3. New court staff or older and tired court staff can be overwhelmed with paperwork.
4. New changes to the New York law make re-licensure a "real privilege" and one no longer taken lightly.

So, First what do you do to GET RE-LICENSED IN NYS:

1. DRIVING RECORDS (SHORT TIME OR LIFETIME) It's as easy as 1,2, and 3: 

Get your driving record or history or abstract from your home state, and New York State. Give yourself plenty of time with our-of-state records as they are going to need to be certified, sealed, stamped, verified from the main capital, main DMV of your home jurisdiction. If you have held licenses in more than one state over your lifetime be prepared to get a history from each and every state you have held a license in.

For 4 year record, local DMVs can provide a history. For lifetime histories you need to make a formal request from Albany DMV.

How do YOU get a "lifetime" driving record ?

You can only get a "lifetime" driving record abstract from the ALBANY DMV FOIL Office.

Only you, or someone you have given written permission to, may order this type of driving abstract. You may use the General Consent for Release of Personal Information (MV-15GC) to establish that such permission has been given.

To request your "lifetime" driving record from FOIL

• complete and mail the Freedom of Information Law Request Form (MV-15F)

or

• write a letter requesting your "lifetime" driving record abstract

Be sure to include

• your mailing address so the FOIL Office can respond by mail
• a photocopy of your driver license or other government issued photo ID card with your request (you may black out the picture)
• credit card information or a personal check or money order for $10.00 payable to the Commissioner of Motor Vehicles

Send your request, form or letter, to the FOIL Office

Records Access Officer
New York State Department of Motor Vehicles
FOIL Office
6 Empire State Plaza, Room 222
Albany, NY  12228

The FOIL Office will respond to your FOIL request within 5 days of receiving the request. We will either

• provide you with the records you requested or
• we will tell you we received your request and provide a time frame for when you can expect to receive the record you requested (usually within 20 business days)

The FOIL Office will not release the record you have requested until payment has been received in full.

Yes, this used to be a lengthy process but the DMV has created a new sub-division (office) within the Albany office. What used to take months they say will now be done in a matter of days, really? I will wait and see how this plays out.

THE NEW NYS DMV CERTIFIED DOCUMENT CENTER

The NEW office is called the DMV Certified Document Center. It was set up to specifically handle and focus on requests for lifetime driving records, and the DMV "expects" the turnaround time for requests to be only one to two days. I guess I will believe it when I see it, just call me skeptical but with the waits I usually witness, that would be a miracle.

Who needs a lifetime history?

Anyone with multiple DWIs, DWAI, DUIs, OUIs, from New York or any other state that is seeking re-licensure or just licensure in New York State should first begin with a lifetime history.

2. Call the DMV:

Issues with re-licensure, questions about your re-licensure, and what you need to do, and when you can do it? Be prepared to be on hold, upwards of an hour. be prepared to be transferred to nowhere and on one multiple times, be prepared to be frustrated and mad. Seriously, it can be a PITA but once you get through they are helpful.

DMV Driver Improvement Unit: DWI re-licensure, and others post-suspension/revocation

DMV states they only have 19 operators so be patient, this is an understatement, be very patient.

Monday to Friday ONLY 8:30 AM to 12:30 PM
518-474-0774

DMV Other Traffic Violations (tickets), and Misdemeanor (criminal) Charges: 
(every place in NYS EXCEPT Buffalo, Rochester, NYC, and Staten Island)

Call TSLED (Traffic Safety Law Enforcement Division) 

Monday to Friday ONLY 8:00 AM to 4:00 PM
518-474-3255

 3. AFTER Review of DMV Records, and Discussion with DMV: Fix outstanding problems/issues/tickets

You may have fines to pay. You may have assessments to pay (another word for fines) but this sounds better. You may have tickets/charges/violations to resolve in state or out-of-state.

NOTE: Until YOU are Completely CLEAR in every state in the union (all 50) you will not be able to be re-licensed in New York State.

Recently the DRA (Driver Responsibility Assessment) on points went up to $75.00 for every point accumulated over 6 within 18 months.

So the first 6 points is a $300 DRA but every point thereafter is another $75.00 it used to be $50.00.
The DMV bumped up the fee, excuse me, assessment by 50%, yikes! Talk about inflation in action.

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

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

My First Loves, and the Lesson of Resourcefulness

Growing up I had three main interests besides girls. I loved Magic, Photography, and Bodybuilding. These occupied many hours of self- study and energy. My sister thought I had unhealthy obsessions with these things. I would buy magazines, read books, and focus on nothing else.

Constraints Make You Creative

I had limited finances (poor kid from a poor family) so with this as my constraint I looked for used equipment, went to the library, and learned to be resourceful at an early age. Waste nothing, use everything, and make the most of what I had. I can still remember the New York library section for magic to this day, 793.8.

My little basement gym turned into a crucible for change, this grew over time as I accumulated mismatched weights, odd bars, and benches. With these I learned valuable lessons. No pain no gain. I learned that there was a price to pay for everything I wanted. That I would pay this price in advance for what I wanted. If I worked hard enough and long enough I too could succeed.

I went down to that basement Brooklyn gym night after night with one goal in mind, build myself, and show them. Them being all those with, with the luxuries, with the advantages, and with the resources. That driving force led to a 3rd place NYS Powerlifting trophy (NYS Amateur), a basement darkroom, and a magic performance to NYC Mayor Beame.

That same mentality, brought me to earning professional degrees, passing multiple bar exams, building very successful businesses, and having a wonderful wife.

Too Many Advantages Can Be a Disadvantage

I believe that companies and people that give themselves permission to spend to build and create do themselves a disservice. Having finite resources or thinking you do forces you to go outside the box. To make more and do more with what you do have fosters and encourages deep reflection. I believe that having too much or a mentality of wastefulness leads to aimlessness.

Doing the most with what you have is a philosophy. It is my ideology that truth comes from the bottom, from your core, comes from when you are running on fumes, comes when you become real and authentic, comes from being lean, and from being hungry. As Arnold used to joke, you gotta Stay Hungry to win and continue winning.

Success by Formula NOT Chance or Luck

I tell you all of this not to try and impress you with what I have done or accomplished. I share this because I believe that ANYONE can exceed their hopes and dreams. Having a focus, putting your energy, time, and resources into it wholeheartedly, and then following through by giving back to others is the KEY. Being good at anything and achieving anything you truly desire is not by luck or chance. Although amazing opportunities that seem like sheer luck for these may pop up along the way as your momentum builds.

Who I was as a Chiropractor, who I am as a lawyer, husband, father, and man are directly related to embracing the lesson of resourcefulness. Making the most (and doing the most) with what you have is the Winning Formula. Often having less or nothing at all is far better than unlimited resources.

http://www.ithacadwi.com

Ithaca Lawyer How The New York DMV finally enters 2009! Online Defensive Driving Course

I sometimes get excited about little things. Through the passage of time I have witnessed a revolution and evolution in the way law is practiced. When I practiced law in Philadelphia in the 1990s the Courts downtown were still requiring some Complaints (lawsuit) to be "typed" (they supplied old typewriters), and handed in with "carbon" based copies. In the early part of 2001 Philly was only one of a few PA cities that were beginning to process requests for police reports, and the filing of small claims with an online website.

One of the great things about Ithaca, NY is our DMV is small, fast, and relatively quiet. Compared to most big city DMVs it is practical (nice parking) and easy to get in and out of. On most days I can walk in and request a DMV driving abstract for one of my clients, and walk out with one in minutes. So why am I excited today? The NY DMV has finally approved the use of Online Driver Improvement Courses to reduce points and insurance costs. It only took till this year for the NY DMV to enter cyberspace with approved online driver improvement courses when we have been having online degrees for College diplomas for almost two decades. The University of Phoenix has offered online degrees since 1989.

I-PIRP is the acronym for Internet/Alternative Delivery Method Point and Insurance Reduction Program. They also have approved other ADM (Alternative Delivery Methods) such as courses utilizing DVDs, CDs, Video, and Cable.

I checked out the four Internet based and approved DMV course providers.

www.NewYorkSafetyCouncil.com

Cost $48.95, no mention of discounts for students, very basic "chunky" website, this is probably the lowest tech site of the four.

www.MyimprovNewYork.com

Cost $37.95, this one gets my vote for fun and funny, jokes, video, and easy to view website.
Check out this corny joke from my Improv, "S.T.O.P. stands for Slow to Observe Police"
This course is formatted for a 5th grade reading level so you will not be too mentally challenged.

www.idrivesafely.com/NY

Cost $48.95, more advanced website than NY safety council, but still compared to My Improv NY very boring! These courses are all 320 minutes in length, so for 5+ hours boring is not fun!

www.NewYorkDefensiveDriving.com

Cost $49.95 but discounts for seniors, students, military personnel, and Veterans. Very content laden, educational, and easy to use website.

So NOW you can finally spend under $40, and five hours of your life in the comfort of your home to do two important things:

1. Receive a benefit of a 4-point reduction on your NY driving record. See Below for clarification.

2. Receive a 10% insurance discount on your New York auto insurance rates.

Once you complete one of the approved programs (whether class based or I-PIRP) you will receive a certificate and a notice which will then be entered on your DMV driving record, and the DMV computer will automatically reduce your active point total by up to four points.

It is Important to remember that the completion of a course under the
I-PIRP "Internet Point & Insurance Reduction Program" or the class based program does NOT remove, delete, subtract, or erase any violation, conviction, or notice of original number of points from your driving record.

Even after you complete the course, most violations, conviction and points assessed will continue to show on your driving record for up to four years. Violations and convictions involving drugs or alcohol will remain on your driving record for ten years. "Point reduction" only means that the New York DMV will not count up to four points on your driving record toward license revocation or suspension.

The Student's Dilemma ... The Crime of AUO- Aggravated Unlicensed Operation 3rd

Tickets, Court Papers, and Letters from the
DMV Can ALL Get Lost in the Move 
from my footpath.com

One of the most common phone calls I receive is for representation on AUO charges. Often people do not know why they were arrested for this charge. Yes, I said, arrested at roadside. Imagine you think you are just getting a speeding ticket and then Wham, an AUO 3rd.

Under New York Motor Vehicle and Traffic Law section 511, Aggravated Unlicensed Operation in the third degree (AUO 3rd) is classified as a misdemeanor, a crime punishable by up to 30 days in jail, up to $500.00 in fines, mandatory State Court surcharges, and points against your driving record.

Ithaca College and Cornell Students frequently change addresses over the course of their many years of study. These changes in living arrangements may cause them to miss, lose, or misplace their mail. Moving residences also mean lots of boxes of papers, mixing of documents, and resulting confusion. Within the ensuing melee, things like DMV papers, and speeding tickets may be misplaced or forgotten.

btw You must notify the New York DMV of any permanent changes in your address within 10 days of moving.

SEE NY DMV website:

You must notify the DMV when you move to a new address.
• You have a maximum of 10 days after you move to notify the DMV.
• You must report the change of address at a DMV office, by phone, or by mail. You cannot report a change of address by e-mail.
• You cannot change your address when you complete a transaction on-line.

Unfortunately, when you were pulled over (stopped) for some other violation, commonly speeding, or possibly an equipment violation, and then come to find out that your driver's license is also suspended or revoked it may be a shock to be arrested.

Maybe it was because a ticket from years earlier was never paid, or worse a town or village Court clerk never sent the proper paperwork to the DMV.

Whatever the reason behind the charge, it must be dealt with immediately. If you accrue more than one charge of AUO (aggravated unlicensed operation) the fines and penalties increase dramatically, all the way to a Felony AUO 1st, which has a very real potential for jail time.

In the majority of cases I am able to figure out the underlying suspension issues, rectify them with these town or village Courts, request for the Court to allow time to clean the driver's DMV abstract, and then negotiate a non-criminal disposition (usually a violation) with the prosecutor.

Depending upon the underlying driving history this process can range from a few Court appearances to many court appearances.

I had one Cornell graduate student as a AUO client with outstanding fines in three different Courts, hundreds of miles apart, and over a 3 year period of time. In this particular case his roomates never forwarded his mail. Speeding tickets over this long time period all got lost. It took me four months, a dozen letters, and numerous calls and faxes before I was able to help him clear and negotiate all his old charges, and resolve the AUO 3rd charge with a simple traffic violation. His Cornell graduate degree notwithstanding he was infinitely more employable with a valid driver's license.

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

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html