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3rd Alcohol Offense in 25 years - License in different state?

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What is the name of your state? New York

Does anyone have experience with the 3 in 25 law in NYS that passed in 2012? Under the law, three alcohol related convictions within 25 years results in a denial of re-licensing for 5 years after the initial revocation period is over. To be clear, this is NOT a revocation or suspension for 5 additional years, it's the DMV denying the application for a new license.

My question is, does anyone have experience obtaining an out of state license after the initial revocation period is over? Has anyone obtained a license in non Compact states like Tennessee, Georgia or Massachusetts?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? New York

Does anyone have experience with the 3 in 25 law in NYS that passed in 2012? Under the law, three alcohol related convictions within 25 years results in a denial of re-licensing for 5 years after the initial revocation period is over. To be clear, this is NOT a revocation or suspension for 5 additional years, it's the DMV denying the application for a new license.

My question is, does anyone have experience obtaining an out of state license after the initial revocation period is over? Has anyone obtained a license in non Compact states like Tennessee, Georgia or Massachusetts?
Are you planning to move to Tennessee, Georgia, or Massachusetts?
 

FlyingRon

Senior Member
If NY reported it to the NDR (which I almost have to believe they will), you will not be able to obtain a license anywhere as long as NY is marking you ineligible.
 

Taxing Matters

Overtaxed Member
If NY reported it to the NDR (which I almost have to believe they will), you will not be able to obtain a license anywhere as long as NY is marking you ineligible.
That's not true, though it is widely believed to be the case. The National Driver Registry (NDR) is simply a database maintained by the National Highway Traffic Safety Administration (NHTSA) and available to the states to use. While to my knowledge every state does provide information to the NDR and all check it when they process new license requests. But each state has its own law regarding whom they will license, and the agency that grants licenses in the state must follow that law. And it is case — even in some states that are Driver's License Compact states — that a driver might a get a license in that state even while still suspended or revoked in another one. I'm not saying it's common for that to occur or that it is easy to do. But in some circumstances in some states it does in fact happen.
 

Zigner

Senior Member, Non-Attorney
That's not true, though it is widely believed to be the case. The National Driver Registry (NDR) is simply a database maintained by the National Highway Traffic Safety Administration (NHTSA) and available to the states to use. While to my knowledge every state does provide information to the NDR and all check it when they process new license requests. But each state has its own law regarding whom they will license, and the agency that grants licenses in the state must follow that law. And it is case — even in some states that are Driver's License Compact states — that a driver might a get a license in that state even while still suspended or revoked in another one. I'm not saying it's common for that to occur or that it is easy to do. But in some circumstances in some states it does in fact happen.
I don't disagree...

But TN specifically disallows the issuance of a license if one is suspended or revoked in another state.
 

Taxing Matters

Overtaxed Member
But TN specifically disallows the issuance of a license if one is suspended or revoked in another state.
Tennessee Code 55-12-114(f) states is the following:

(f) When any driver licensed in another state applies for a Tennessee driver license, and a cancellation, suspension, or revocation action from the former state is in effect, the department, upon compliance with provisions of this title, may issue a Tennessee driver license to the driver as if the original action had been taken in this state.

So the law in that state appears to provide a way for a person suspended or revoked in another state to still get a license by complying with the provisions of Tennessee law. The OP certainly should discuss this with a lawyer in Tennessee who handles driving issues. It may well be that he could get a license in that state.
 
I don't disagree...

But TN specifically disallows the issuance of a license if one is suspended or revoked in another state.
Again, the license in NYS will not show as revoked or suspended. This is how the DMV in NYS is able to uphold the 3 in 25 penalty under the constitution. They are denying the re-application of a license, they are not revoking or suspending it. So it is my interpretation that an unlicensed (not revoked and not suspended) applicant can apply for a license in other states. This assumes that the issuing state does not have its own 3 in 25 penalty, the applicant has satisfied all penalties in NYS and equal penalties in the issuing state.

I'm not arguing that the process is easy but I'm curious if anyone has actually experienced obtaining a new license as described above.
 

aldaron

Member
Google "CO issue drivers license if revoked for a lifetime in another state". CO is the only state that will give you a DL even if you have a lifetime ban from a state like FLA or others. A lot of folks move here just for that. Would provide my own link but I think it might be considered advertising for an attorney. Good luck!
 

Taxing Matters

Overtaxed Member
Google "CO issue drivers license if revoked for a lifetime in another state". CO is the only state that will give you a DL even if you have a lifetime ban from a state like FLA or others. A lot of folks move here just for that. Would provide my own link but I think it might be considered advertising for an attorney. Good luck!
It is not easy to do it in Colorado, but under the right circumstances it can be done. And Colorado is not actually the only one, either.
 
Under a new law passed in 2012, any NYS driver who, during the 25 year look back period, has three or four alcohol- or drug-related driving convictions or incidents in any combination and, in addition, has one or more serious driving offenses during the 25 year look back period, will permanently lose his/her driving privilege in NYS.

My question is regarding the definition of a Serious Driving Offense as listed in 15 CRR-NY 132.1:

(d) Serious driving offense means:
(1) a fatal accident;
(2) a driving-related Penal Law conviction;
(3) conviction of two or more high-point driving violations, other than the violation that forms the basis for the record review under section 132.2 of this Part; or
(4) 20 or more points from any violations, other than the violation that forms the basis for the record review under section 132.2 of this Part.

Imagine this scenario: A driver has 18 lifetime points on his record BEFORE being pulled over for making an illegal left hand turn and subsequently charged with DWI. An illegal left is 3 points which would bring the driver's total points to 21 after conviction which includes DWI. The question is, is the 3 point left hand turn violation the basis that forms the record review under 132.2? The driver would not have been revoked simply for the 3 point infraction, the DWI triggered that. So it is of my opinion that the 3 point infraction IS the basis for the record review therefore should be not counted in the total for an SDO.

Does anyone have experience with this scenario?
 

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