Prior to September 25, 2012, persons who had been convicted of multiple alcohol or drug related driving offenses and have either completed the Drinking Driver Program or served their revocation period, could expect to have their driving privileges to be restored upon the completion of the revocation periods. Now, with the promulgation of so-called “proposed” regulations by the New York State Department of Motor Vehicles (DMV) on that date under Sections 136.5(a)(4) and (b)(2) of the Regulations of the Commissioner of Motor Vehicles, drivers with repeat alcohol and drug related convictions face far greater obstacles to obtaining re-licensure once they have served their revocation periods. Additionally, one must realize that the new regulations are in addition to the other revocation periods imposed by statute or other regulations in effect prior to September 25, 2012. Furthermore, the new regulations are imposed retroactively to penalize many drivers with an ex post facto regulation, often applied many years after a person has entered pleas to offenses without any idea that a regulation would be passed years later that would affect their licenses. And, the new regulations require, in certain circumstances, the DMV to review the entire driving record for the past 25 years of drivers with multiple alcohol and/or drug related convictions.
For example, a driver is charged with speeding in 1992. He pleads guilty to Failure to Obey a Traffic Device and pays a fine and possibly a surcharge and is assessed two points on his license. Under the new regulations, if the person pleads guilty to a DWI with prior convictions for alcohol related offenses, that 1991 conviction can be used as a factor to deny that person’s application for his driving privileges to be restored. Simply put, it is now essential that a person with three or more convictions for alcohol related offenses to retain an attorney with knowledge of this new regulation and its application in various situations before a person applies for a new driver’s license following a period of revocation. Mark A. Fluery has the knowledge and skills required to assist motorists facing the draconian effects of the new regulations. Do not hesitate to contact Mark for a free initial consultation with Mark himself to review your situation before you apply for your license after a period of revocation.