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  1. #1
    hotdog1 is offline Junior Member
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    When will I get my license back?

    I was convicted of misdemeanor DWI (second offense) 2 years ago and completed a 1 year suspension of my drivers license. I am on probation with no incidents ever, and paid all my fines. I was asked to write a letter to the judge which I did, but have not heard anything back. How long can I expect to get my license back? It's been over 2 years since I've had one with all the substance abuse classes, court appearances, and waiting to be sentenced. This is NY.
  2. #2
    asiny is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    I was convicted of misdemeanor DWI (second offense) 2 years ago and completed a 1 year suspension of my drivers license. I am on probation with no incidents ever, and paid all my fines. I was asked to write a letter to the judge which I did, but have not heard anything back. How long can I expect to get my license back? It's been over 2 years since I've had one with all the substance abuse classes, court appearances, and waiting to be sentenced. This is NY.
    After conclusion of your court appearance, what was the date the court posted the start of the suspension?
    Have you been to the DMV?
  3. #3
    BL
    BL is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    I was convicted of misdemeanor DWI (second offense) 2 years ago and completed a 1 year suspension of my drivers license. I am on probation with no incidents ever, and paid all my fines. I was asked to write a letter to the judge which I did, but have not heard anything back. How long can I expect to get my license back? It's been over 2 years since I've had one with all the substance abuse classes, court appearances, and waiting to be sentenced. This is NY.
    Did you receive any letters from DMV ?

    Have you been to the DMV to ask ?

    Did you take a drinking driving program ? If so did you complete it successfully ?

    You might need a recommendation from your councilor , or proof of your successful completion of the substance abuse program for the DMV .

    Contact the DMV , or visit your local office.
  4. #4
    hotdog1 is offline Junior Member
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    Thanks for the replies.

    The start date of my suspension was Nov 4th, 2010 for a 1 year suspension.

    According to my probation officer and lawyer, I need permission from the judge in order to apply for my license. Which sounds absurd to me, asking permission for my driving priviledges, but that is how it works. I've cleaned up my act since.

    I have not been to the DMV. I have completed a 6 month substance abuse program, I was not eligible for the drinking driver program because I had a prior conviction.

    Just wondering if anyone is familiar with this process, and how long I can expect to hear back from the judge.
  5. #5
    asiny is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    The start date of my suspension was Nov 4th, 2010 for a 1 year suspension.
    I was convicted of misdemeanor DWI (second offense) 2 years ago and completed a 1 year suspension of my drivers license.
    I'm sorry- you were convicted when? They usually don't allow you to continue driving for a year before they decide to suspend your licence following a conviction.

    I may be going on a limb here, do you mean you were ARRESTED of a DWI 2 years ago and convicted last year?
    Quote Originally Posted by hotdog1 View Post
    According to my probation officer and lawyer, I need permission from the judge in order to apply for my license. Which sounds absurd to me, asking permission for my driving priviledges, but that is how it works. I've cleaned up my act since.
    Very nice of you cleaning up. Perhaps you should discuss with your lawyer the ability to review your court papers and the restrictions/permissions required?
    Quote Originally Posted by hotdog1 View Post
    I have not been to the DMV. I have completed a 6 month substance abuse program, I was not eligible for the drinking driver program because I had a prior conviction.

    Just wondering if anyone is familiar with this process, and how long I can expect to hear back from the judge.
    Try contacting the DMV to see what their take is. And don't forget to take a look at this query;
    Did you receive any letters from DMV ?
    Usualy when you receive a licence suspension, the DMV will notify you- as well as regarding the DMV fines you have to pay in order to complete the suspension period. When the suspension period is concluded, and you have proof that you have fulfilled the obligations set to you... you "usually" (again) receive a letter from the DMV that you are now eligible for a licence again.

    If none of this has happened, as I said earlier, speak to your attorney and go over the court's paperwork... something does not sound right, or you are not giving the full story.
  6. #6
    hotdog1 is offline Junior Member
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    The full story is what I have stated. I was arrested October 25, 2009. My actual sentencing date was November 4,2010, which was the start of my 1 year license suspension.
    I have recieved no papers from the DMV.

    I am only going by what my probation officer and lawyers are saying, that I need to write a letter to the judge and request my drivers license back. I am trying to comply with the law in all regards because frankly I am tired of all this.

    If my lawyer said that's what I need to do then that's what I need to do, I'm just asking if anyone has had this experience.
  7. #7
    Isis1 is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    The full story is what I have stated. I was arrested October 25, 2009. My actual sentencing date was November 4,2010, which was the start of my 1 year license suspension.
    I have recieved no papers from the DMV.

    I am only going by what my probation officer and lawyers are saying, that I need to write a letter to the judge and request my drivers license back. I am trying to comply with the law in all regards because frankly I am tired of all this.

    If my lawyer said that's what I need to do then that's what I need to do, I'm just asking if anyone has had this experience.
    keep in mind that i'm in CA and we do things different here.

    when i got my DUI, my restricted license, paid the fees, atttended the classes, did my AA's i simply went to the DMV and paid the reinstatement fee. that was the day after i hit my 1 year conviction date. i didn't receive any letters.
  8. #8
    BL
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    Quote Originally Posted by hotdog1 View Post
    The full story is what I have stated. I was arrested October 25, 2009. My actual sentencing date was November 4,2010, which was the start of my 1 year license suspension.
    I have recieved no papers from the DMV.

    I am only going by what my probation officer and lawyers are saying, that I need to write a letter to the judge and request my drivers license back. I am trying to comply with the law in all regards because frankly I am tired of all this.

    If my lawyer said that's what I need to do then that's what I need to do, I'm just asking if anyone has had this experience.
    Are/were you under 21 years of age at the time ?
  9. #9
    HighwayMan is offline Senior Member
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    Go to DMV and find out what they require.

    If it turns out that a judge has to okay it then no one can predict how long the judge will take to decide. You're only about a month over your year anyway.

    In addition to anything else you will have to pay DMV a suspension termination fee. You are suspended and not revoked, correct?
  10. #10
    hotdog1 is offline Junior Member
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    I was over 21 yes.

    My license was suspended for 1 year.

    I just find it rediculous that I have to ask permission from the judge to get it back. If I was sentenced to 1 year in jail, I would serve my time and leave, I wouldn't have to "ask permission" to leave. It makes no sense.
  11. #11
    BL
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    Quote Originally Posted by hotdog1 View Post
    I was over 21 yes.

    My license was suspended for 1 year.

    I just find it rediculous that I have to ask permission from the judge to get it back. If I was sentenced to 1 year in jail, I would serve my time and leave, I wouldn't have to "ask permission" to leave. It makes no sense.
    Perhaps it's because you are on probation .Does your PO recommend reinstatement of your driving privileges ?
  12. #12
    Antigone* is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    I was over 21 yes.

    My license was suspended for 1 year.

    I just find it rediculous that I have to ask permission from the judge to get it back. If I was sentenced to 1 year in jail, I would serve my time and leave, I wouldn't have to "ask permission" to leave. It makes no sense.
    Why would you find that rediculous(sic)

    I find it completely ridiculous that people drive impaired, putting me and my family in harms way I understand that we are not perfect, but you were caught twice ~ just imagine the number of times you weren't caught. Talk about ridiculous.
  13. #13
    HighwayMan is offline Senior Member
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    Quote Originally Posted by hotdog1 View Post
    I was convicted of misdemeanor DWI (second offense) 2 years ago
    By the way, a second DWI in New York within a 10 year period is a class E felony, NOT a misdemeanor.

    In addition, a second DWI conviction results in a one year REVOCATION of your license, NOT a suspension. Even a first DWI results in a 6 month REVOCATION.
    Do you know the difference between a suspension and a revocation?

    As far as you needing the judges permission is concerned... the one year is a MINIMUM period and it is not an absolute.

    You sure you have your facts straight?
  14. #14
    BL
    BL is offline Senior Member
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    Quote Originally Posted by HighwayMan View Post
    By the way, a second DWI in New York within a 10 year period is a class E felony, NOT a misdemeanor.

    In addition, a second DWI conviction results in a one year REVOCATION of your license, NOT a suspension. Even a first DWI results in a 6 month REVOCATION.
    Do you know the difference between a suspension and a revocation?

    As far as you needing the judges permission is concerned... the one year is a MINIMUM period and it is not an absolute.

    You sure you have your facts straight?
    I totally missed the DWI .I thought the post read DUI .

    If it was a second DWI within 10 years it is in fact a felony , and you should have paperwork from the DMV .

    You should have recommendations from your PO and your substance abuse councelor for the DMV .
  15. #15
    HighwayMan is offline Senior Member
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    Quote Originally Posted by BL View Post
    I totally missed the DWI .I thought the post read DUI .
    No such charge (DUI) in New York anyway.

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