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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My license was revoked in NY for DWI , I was eligible to get

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My license was revoked in NY for DWI , I was eligible to get it back in may, but was told and new law passed .If you have 3 or more convictions within 25 years they can deny me for 5 years, The law was passed in September of last year after my conviction but they said it was retro active....My question is , can I fight this I need my license for work, or if I move can I get a license in another state?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me whether or not your license has not been revoked (again), or, you are asking in case it would be?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.


My license was revoked last year, I was eligible to apply again in may of this year.

Thank you, W.

What you are talking about is the new law that states if one has:

In last 25 years, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO), they can result in permanent denial.

So it is not just three or more convictions, there needs to be another SDO as well. For the full law, see here.

Know that even if the license is restricted/denied, one can appeal the decision based on extenuating circumstances.

or if I move can I get a license in another state?

I am afraid not. The Driver License Compact has all states sharing information. If one member state voids the license, so will another state until the original member state lifts the voidance. All US states share major violation information at this time via the Driver License Compact. So if NY considers your license void, most likely another state will not grant one either.

I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.


Ok, I fall under , 3 alcohol related offense, one dwai which was told to me can be considered cough syrup and no sdo within 25 years? so Im a little cofused as to where I stand....Would needing my license for my present employment be a circumstance they would give me at least a restricted license?

W,

List your convictions and the year please. Example:

1) DUI alcohol, 2002
2) DUI cough syrup, 2010

Etc.
Customer: replied 3 years ago.


1996 DWAI


1997 DUI


2007 DWI


2011 blew under but charged with DWI because of prior and on probation.


 


Im a combat vet and didn't realize until Last year in treatment I had PTSD

Thank you, W.

A serious driving offense includes things like: a fatal crash, a traffic penal law conviction, an accumulation of 20 or more points assessed for driving violations within the last 25 years, or having two or more driving convictions each worth five points or higher.

Someone in your situation may very well fall into the permanent driving ban, I am afraid. However, the DMV will consider compelling or extenuating circumstances. One can apply for license still, and request consideration due to PTSD. An attorney is recommended, of course, for best results. In the end, it is the state's discretionary decision.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
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