New York New Regulations FYI

[BL]

What is the name of your state (only U.S. law)? NY

New York officials have issued regulations to prevent repeat drunken drivers from getting their licenses back.

Under the new rule, the Department of Motor Vehicles will review the lifetime records of drivers seeking reinstatement after a revocation and deny any that have five or more alcohol- or drug-related driving convictions.

The DMV is also supposed to deny relicensing for anyone with three or more such convictions and at least one serious driving offense within the last 25 years.

The agency says drunken drivers whose licenses have been revoked or suspended for six months will no longer be able to get privileges back in seven weeks by completing an education program.

The changes are expected to affect 20,000 drivers this year.

The regulations were released Tuesday.

 

[dave33]

I wonder if this new law will have any effect on the actual roadway safety. I doubt the people who continue to drive drunk and live the lifestyle of a drunk in and out of jail etc..will worry about the validity of their license. This will somehow make the average citizens life more difficult. Again, I doubt the law will make anyone safer.

 

[tranquility]

I wonder if this new law will have any effect on the actual roadway safety. I doubt the people who continue to drive drunk and live the lifestyle of a drunk in and out of jail etc..will worry about the validity of their license. This will somehow make the average citizens life more difficult. Again, I doubt the law will make anyone safer.

I agree. I'm thinking someone already arrested five or more times for alcohol related driving offenses isn't really all that careful about following the law. Now, if they start yanking the licenses of those driving under the influence of a Big Gulp....then they might have something. I suppose it has to do with vehicle seizure more than anything else. Maybe HighwayMan may shine some light on the issues.

 

[HighwayMan]

This will somehow make the average citizens life more difficult.

How? This will not affect the "average citizen".

I don't know what "regulations" BL refers to. I have not heard anything about this. Was the Vehicle and Traffic Law updated or was the DMV Commissioner's Rules and Regulations (15 NYCRR I think) updated?

When I get back to work I'll review the latest DMV Notices to Law Enforcement and see if I can find anything specific.

Certainly if the penalties are upped for driving under these circumstances (i.e. while suspended/revoked for too many DWI's under VTL 511) then it may have an effect on driving behavior of these individuals. Five DWI's is too many for these enhanced penalties - I would have made it three.

 

[BL]

How? This will not affect the "average citizen".

I don't know what "regulations" BL refers to. I have not heard anything about this. Was the Vehicle and Traffic Law updated or was the DMV Commissioner's Rules and Regulations (15 NYCRR I think) updated?

When I get back to work I'll review the latest DMV Notices to Law Enforcement and see if I can find anything specific.

Certainly if the penalties are upped for driving under these circumstances (i.e. while suspended/revoked for too many DWI's under VTL 511) then it may have an effect on driving behavior of these individuals. Five DWI's is too many for these enhanced penalties - I would have made it three.

I guess it's just a plan for now .

http://cityliving.whec.com/news/news/80067-motorists-react-governor-cuomos-plan-against-dwi-offenders

It also mentions 3 conviction with one other serious moving violation ,I beleive.

 

[Mass_Shyster]

I suspect this will be challanged as an unconstitutional ex post facto law.

 

[HighwayMan]

I suspect this will be challanged as an unconstitutional ex post facto law.

Would ex post facto apply if these are simply administrative penalties of the DMV?

 

[xylene]

I wonder if this new law will have any effect on the actual roadway safety. I doubt the people who continue to drive drunk and live the lifestyle of a drunk in and out of jail etc..will worry about the validity of their license. This will somehow make the average citizens life more difficult. Again, I doubt the law will make anyone safer.

The average citizen is a recidivist alcoholic piece of human garbage? In your mind....

This is why I'm NOT in the Tea Party.

 

[tranquility]

I suspect this will be challanged as an unconstitutional ex post facto law.

While I would not limit it as much as he does, I agree with HighwayMan, this would not be found as unconstitutional. Penalties have often been changed based on previous criteria. The key is when the event happened that caused the penalty.

 

[dave33]

The average citizen is a recidivist alcoholic piece of human garbage? In your mind....

This is why I'm NOT in the Tea Party.

Wow, that's not the point I was rrying to make at all. The people who continue to drive drunk are not particularly worried about a mere technicality, like a valid license. I do not believe that to be the average person. I would consider that to be the average alcoholic.
The person paying attention to the law and trying to fix a troubled past will end up with another obstacle making a change in life that much more unlikely and difficult.
More laws and stiffer penalties has made the criminal justice system a much more succesful business but doesn,t really help.

 

[davew128]

The average citizen is a recidivist alcoholic piece of human garbage?

One of whom was Senator from the Commonwealth of Massachusetts for nearly half a century.

This is why I'm NOT in the Tea Party.

Neither was he. I think he had trouble pronouncing "Tea".