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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110540
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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To wHom can help I recently got my second dui for driving impaired

Customer Question

To wHom can help I recently got my second dui for driving impaired from marijuana in nyc and alltho it my second dui in 5 years it my first in ny the last one was in nj in 2009
I'm trying to find out if there is anyway I can get a conditional license even tho the bus dmv says I am not eligible for one being that I allready completed a ddp program in 5 Years . Is there any way around this
I drive for a living and the dmv says I am suspended for six months as of the end of this week ?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I am sorry to hear this is happening, but I am afraid that you would be disappointed with our answer to you in that legally it would have to be that there is nothing that you can do as NY's rule is pretty strict and if the DMV cannot issue the conditional license there really is no work around as the license issuance is solely at their discretion and as there is no right to a license the court cannot make them give you one. The DMV suspension is different from the court suspension as there is a criminal portion of the DUI handled by the court and then the administrative revocation handled solely by DMV.
Customer: replied 3 years ago.

so there is no way to go in front of a dmv judge or what have you in hopes of getting a conditional still?being that it affecting my livelihood ?

Expert:  Law Educator, Esq. replied 3 years ago.
You can file an appeal and get an administrative hearing, but they rarely waive the suspensions and in the rare cases when they do the person has completed better than 1/2 of their suspension and provides proof they are in some treatment program and they will likely insist on installation of the interlock device.

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