supermikehawk2015
Member
What is the name of your state? New York
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 The driver would not have been revoked simply for the 3 point infraction, the DWI triggered that.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?
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?
