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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16107
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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im on parole, they wont let me drive

Customer Question

im on parole for assault 2, possession of a gun 2, and reckless endangerment 1, parole is denyi.g me my driving privileges because I got a dwi and a dwai 12 yrs ago. it has nothing to do with my crime of conviction. they stated I will not be allowed to drive ny entire time on parole (5 yrs). is that legal? and what steps can I take to get my. driving privileges. I have a valid drivers license. I have also completed a 6 month drug and alcohol program in prison as well as a 90 day program when I got released. I have no drug or alcohol issues for a very long time, atleast 6 yrs.

Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

My name is XXXXX XXXXX I'm a NYS criminal lawyer.

I would love to be able to tell you what you want to hear, but the problem is that a parolee has very few rights. His personal liberty is completely dependent upon pleasing Parole and parole can require things of you that are in excess of what the state of New York cares about.

You've already got a valid license. So legally speaking, at least in terms of the DMV, there's no reason that you cannot drive. But Parole can impose that condition upon you lawfully, just as it can require that you don't leave the county, don't socialize with others with ciminal records, stay out of bars and refrain from drinking and other things the doing of which breaks no law but can still get you violated. Parole's conditions are based on their assessment of you and are designed -- from their perspective anyway -- to minimize your risk of reoffending.

About the only thing that you can do is to hire yourself a parole lawyer and take this matter up before the Board. If Parole's telling you that you can't drive is arbitrary then the Board can do something about this. If denied, your lawyer can also get you back before your sentencing judge. While in general, judges won't disturb the decisions made by parole. if he finds that Parole has abused their discretion by unfairly and arbitrarily imposing certain conditions on a parolee, they can overrule them.


Otherwise, as time goes on and you have a good record of compliance with parole and as circumstances change where driving becomes necessary, you can revisit this with your PO and his supervisor and try again to change their minds.

 

I'm sorry for being the bearer of bad news, but you're a sentenced offender and all of the cards, like it or not, are in Parole's hands.

 

 

Customer: replied 10 months ago.

I havent gotten arrested for it. I do work on the books about 60 hrs a week though and live in sullivan county ny so public transportation is not a option. doesnt this seem a little arbitrary and capricious. how am I to be successful if im forced to depend on others for rides.

Expert:  Zoey_ JD replied 10 months ago.
Hi,

I agree that the restriction seems unreasonable. Parole wants you to have a job and to keep it. That's one of the requirements for letting you out in the first place. They'll be very upset if you lose the job by your failure to be able to make consistent arrangments to get there and back.

Get yourself a parole lawyer and see if he can manage to at least let you drive to and from work or do as much as you'd be able to do on a restricted license.

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