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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
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Experience:  Attorney and Counselor at Law
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I have a question regarding re-licensing after a dwai

Customer Question

i have a question regarding re-licensing after a dwai
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 8 months ago.

Hello. I will help you with your questions. I have been a NYS Attorney for 26 years. Do you want to know the procedures for re-licensing?

Customer: replied 8 months ago.
I am pleading guilty to a dwai in New York this will be my 3rd dwai in the last 25 years. I have dui in Va that was 13 years ago. Will the dui in va be help against me when I reapply with DMV?
Expert:  Colleen Grady replied 8 months ago.

The answer is yes, your out of state dui in Virginia will be held against you and could have a serious impact on your ability to get a conditional license or get your NYS license back if your license is currently revoked. In 2012, NY enacted zero tolerance laws for persons who have high-point DWAI violations. NYS law looks at in state and out of state convictions in the 25 year look back period. Here is a section of the law dealing with lifetime revocation of your license:

15 NYCRR § 136.5(b)(2) provides that:

(b) Upon receipt of a person's application for relicensing, the Commissioner shall conduct a lifetime review of such person's driving record. If the record review shows that: * * *

(2) the person has [3] or [4] alcohol- or drug-related driving convictions or incidents in any combination within the 25 year look back period and, in addition, has [1] or more serious driving offenses within the 25 year look back period, then the Commissioner shall deny the application.

In other words, pursuant to the new regulations a person with 3 or 4 DWI-related convictions/incidents and 1 or more serious driving offenses within the 25-year look-back period whose driver's license is currently revoked for any reason will never be relicensed.

The Department of Motor Vehicles does have a procedure for restoration of a driver license if you can show special circumstances. Here is a link to this information: http://dmv.ny.gov/tickets/restore-license-after-revocation

If you license is suspended and not revoked, under the new regulations, a person who has 3 or more DWI-related convictions/incidents within the past 25 years is ineligible for a conditional license. See 15 NYCRR § 134.7(a)(11)(i).

Do you have an attorney who is guiding you through this? The new regulations can be complicated. I do suggest you not take a plea without consulting an attorney. Here is a link to the NYS Bar Association that may be helpful in locating a lawyer: http://www.nysba.org/lawyerreferral/

Please let me know if I can clarify any of this for you or if you have more questions. I will be happy to help. If you are satisfied with my help, I ask that you rate my service.

Customer: replied 8 months ago.
My driving record does not have a sdo. would i b eligible for a conditional license after my 6 month revocation?
Customer: replied 8 months ago.
Do you know what the non resident violater compact is? I think the look back period for that is only 10 yests
Expert:  Colleen Grady replied 8 months ago.

What you call the “non-resident” compact is an agreement between states to recognize violations and crimes involving motor vehicles other states. So, if New York revokes your license, your home state will also revoke your license. Also, if you have prior driving under the influence of alcohol offenses in your home state, New York will recognize this offense and apply penalties as if the violation happened in New York. Both New York and Virginia are part of this Driver License Compact. Here is what this law says in New York:

S 516. Driver license compact. 1. The driver license compact is hereby

enacted into law and entered into with all other jurisdictions joining

therein in the form substantially as follows:

DRIVER LICENSE COMPACT

ARTICLE I

FINDINGS AND DECLARATION OF POLICY

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by

the degree of compliance with state and local laws and ordinances

relating to the operation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violator

engages in conduct which is likely to endanger the safety of persons and

property.

(3) The continuance in force of a license to drive is predicated upon

compliance with laws and ordinances relating to the operation of motor

vehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative

rules and regulations relating to the operation of motor vehicles by

their operators in each of the jurisdictions where such operators drive

motor vehicles.

(2) Make the reciprocal recognition of licenses to drive and

eligibility therefor more just and equitable by considering the overall

compliance with motor vehicle laws, ordinances and administrative rules

and regulations as a condition precedent to the continuance or issuance

of any license by reason of which the licensee is authorized or

permitted to operate a motor vehicle in any of the party states.

ARTICLE II

DEFINITIONS

As used in this compact:

(a) "State" means a state, territory or possession of the United

States, the District of Columbia, the Commonwealth of Puerto Rico, or a

province of Canada.

(b) "Home state" means the state which has issued and has the power to

suspend or revoke the use of the license or permit to operate a motor

vehicle.

(c) "Conviction" means a conviction of any offense related to the use

or operation of a motor vehicle which is prohibited by state law,

municipal ordinance or administrative rule or regulation, or a

forfeiture of bail, bond or other security deposited to secure

appearance by a person charged with having committed any such offense,

and which conviction or forfeiture is required to be reported to the

licensing authority.

ARTICLE III

REPORTS OF CONVICTION

The licensing authority of a party state shall report each conviction

of a person from another party state occurring within its jurisdiction

to the licensing authority of the home state of the licensee. Such

report shall clearly identify the person convicted; describe the

violation specifying the section of the statute, code or ordinance

violated; identify the court in which action was taken; indicate whether

a plea of guilty or not guilty was entered, or the conviction was a

result of the forfeiture of bail, bond or other security; and shall

include any special findings made in connection therewith.

ARTICLE IV

EFFECT OF CONVICTION

(a) The licensing authority in the home state, for the purposes of

suspension, revocation or limitation of the license to operate a motor

vehicle, shall give the same effect to the conduct reported, pursuant to

article III of this compact, as it would if such conduct had occurred in

the home state, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of

a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating

liquor or a narcotic drug, or under the influence of any other drug to a

degree which renders the driver incapable of safely driving a motor

vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle

accident resulting in the death or personal injury of another.

(b) If the laws of a party state do not provide for offenses or

violations denominated or described in precisely the words employed in

subdivision (a) of this article, such party state shall construe the

denominations and descriptions appearing in subdivision (a) hereof as

being applicable to and identifying those offenses or violations of a

substantially similar nature and the laws of such party state shall

contain such provisions as may be necessary to ensure that full force

and effect is given to this article.

ARTICLE V

APPLICATIONS FOR NEW LICENSES

Upon application for a license to drive, the licensing authority in a

party state shall ascertain whether the applicant has ever held, or is

the holder of a license to drive issued by any other party state. The

licensing authority in the state where application is made shall not

issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the same has been

suspended by reason, in whole or in part, of a violation and if such

suspension period has not terminated.

(2) The applicant has held such a license, but the same has been

revoked by reason, in whole or in part, of a violation and if such

revocation has not terminated, except that after the expiration of one

year from the date the license was revoked, such person may make

application for a new license if permitted by law. The licensing

authority may refuse to issue a license to any such applicant if, after

investigation, the licensing authority determines that it will not be

safe to grant to such person the privilege of driving a motor vehicle on

the public highways.

(3) The applicant is the holder of a license to drive issued by

another party state and currently in force unless the applicant

surrenders such license.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions of this compact, nothing

contained herein shall be construed to affect the right of any party

state to apply any of its other laws relating to licenses to drive to

any person or circumstance, nor to invalidate or prevent any driver

license agreement or other cooperative arrangement between a party state

and a non-party state.

ARTICLE VII

COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION

(a) The head of the licensing authority of each party state shall be

the administrator of this compact for his state. The administrators,

acting jointly, shall have the power to formulate all necessary and

proper procedures for the exchange of information under this compact.

(b) The administrator of each party state shall furnish to the

administrator of each other party state any information or documents

reasonably necessary to facilitate the administration of this compact.

ARTICLE VIII

ENTRY INTO FORCE AND WITHDRAWAL

(a) This compact shall enter into force and become effective as to any

state when it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until six months after the executive head of the withdrawing state has

given notice of the withdrawal to the executive heads of all other party

states. No withdrawal shall affect the validity or applicability by the

licensing authorities of states remaining party to the compact of any

report of conviction occurring prior to the withdrawal.

ARTICLE IX

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the

purposes thereof. The provisions of this compact shall be severable and

if any phrase, clause, sentence or provision of this compact is declared

to be contrary to the constitution of any party state or of the United

States or the applicability thereof of any government, agency, person or

circumstance is held invalid, the validity of the remainder of this

compact and the applicability thereof to any government, agency, person

or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of any state party thereto, the

compact shall remain in full force and effect as to the remaining states

and in full force and effect as to the state affected as to all

severable matters.

(1) As used in the compact, the term "licensing authority" with

reference to this state shall mean the department of motor vehicles.

Said department shall furnish to the appropriate authorities of any

other party state any information or documents reasonably necessary to

facilitate the administration of the compact.

(2) The compact administrator provided for in article seven of the

compact shall not be entitled to any additional compensation on account

of his service as such administrator, but shall be entitled to expenses

incurred in connection with his duties and responsibilities as such

administrator, in the same manner as for expenses incurred in connection

with any other duties or responsibilities of his office or employment.

(3) As used in the compact, with reference to this state, the term

"executive head" shall mean the governor.

(4) The conduct to which effect shall be given pursuant to article

four-a of the compact shall be conduct which, if it had occurred in this

state, would have constituted an offense or violation within the meaning

of subparagraphs (i) and (iii) of paragraph (a) of subdivision two,

paragraph (f) of subdivision three of section five hundred ten and

subparagraph seven of paragraph (b) of subdivision two of section eleven

hundred ninety-three of the vehicle and traffic law.

(5) In any case where the application of subdivision five of section

five hundred ten of the vehicle and traffic law would require or

authorize a result different from that required by article five of the

compact, said article five shall govern.

S 516-a. Reciprocal driver license agreements with provinces of

Canada. The commissioner may execute a reciprocal compact or agreement

not inconsistent with the provisions of this chapter with the motor

vehicle administrator or other authorized official of any province of

Canada to effectuate the purposes set forth in subdivision (b) of

article one of section five hundred sixteen of this article.

S 516-b. Reciprocal agreements concerning reporting of traffic

offenses and administrative action thereon. (a) The commissioner may

execute a reciprocal compact or agreement not inconsistent with the

provisions of this chapter with the motor vehicle administrator or other

authorized official of another state concerning the reporting of

convictions for traffic offenses occurring in each state by a person

licensed in, or a resident of, the other state to such licensing or

residence state and the treating of any such reported conviction in the

same manner as if the conviction occurred in the licensing or residence

state for the purpose of administrative action. Any such compact or

agreement shall specify the offenses subject to the compact or

agreement, and shall include a determination of comparable offenses in

each state if any such offenses are of a substantially similar nature

but are not denominated or described in precisely the same words in each

party state.

(b) The word "state" when used in this section shall mean any state,

territory, a possession of the United States, District of Columbia or

any province of Canada.

(c) Traffic offenses which may be subject to a reciprocal compact or

agreement entered into pursuant to this section shall be limited to the

follwing types of offenses in this state and equivalent offenses in each

party state:

(1) Manslaughter, criminally negligent homicide and assault arising

from the operation of a motor vehicle;

(2) Operating a motor vehicle while under the influence of alcohol or

a drug;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Leaving the scene of a personal injury or fatal incident without

reporting;

(5) Any speeding offense;

(6) Any offense consisting of disobeying any traffic control device;

(7) Any offense involving failure to yield the right-of-way;

(8) Any offense involving direction of traffic, overtaking or passing;

9. Any offense involving failure to use a safety belt or child re-

straint device;

(10) Reckless driving; and

(11) Passing a stopped school bus.

(d) Nothing in this section shall be construed to prohibit the

reporting or recording of convictions or youthful offender or other

juvenile adjudications other than those included in a reciprocal compact

or agreement executed pursuant to this section when the laws of either

state require or permit action to be taken or sanctions to be imposed on

the basis of such convictions or youthful offender or other juvenile

adjudications.

I need to know the following to help with your other questions:

1) Did you refuse and breathalyzer test?

2) What plea is it you thinking of taking? (Sections of NY Law would be helpful - Misdemeanor? Felony?) Fine? Are they offering you a 6 month revocation?

Customer: replied 8 months ago.
I refused the breathalyzer but I never appeared in front of the dmv court be they failed to set s date in s proper amount of time. This will not be a criminal offense a driving offense and they are offering a 6 month revication
Expert:  Colleen Grady replied 8 months ago.

Are they giving you a plea to reckless driving?

Customer: replied 8 months ago.
dwai is the plea.
Expert:  Colleen Grady replied 8 months ago.

As a misdemeanor?

Customer: replied 8 months ago.
Not a misdeamonor
Customer: replied 8 months ago.
If my license has been revoked with conditional privileges can the criminal court revoke with out