Tag: Third Department

Instead of legislation, new regulations control problem driver designations and permanent license revocation in New York. The New York State Department of Motor Vehicles (DMV) has the ability to revoke a license and now utilizes a 25-year look back period, in some instances, to do so. Here, the “Petitioner was convicted in 2010 of driving while intoxicated, her third alcohol-related driving offense within a 10-year period. As a result of her conviction, her driver’s license was revoked for a minimum period of one year…” It is important to note that many New York drivers represented by a criminal defense attorney and, often ordinary people who handle their own traffic tickets, take plea deals prior to the promulgation of these regulations. The Third Department makes clear that this was the case with the Petitioner:

When petitioner applied fora new license in June 2012, respondent Department of Motor Vehicles…held the application in abeyance until later that year when emergency regulations were adopted concerning the review of applications for relicensing by persons with multiple alcohol- or drug-related driving offenses (see 15 NYCRR part 136). Once the new regulations were in place, DMV relied upon them to deny petitioner’s application because she was a person with “three or four alcohol- or drug-related driving convictions or incidents in any combination . . . and . . . one or more serious driving offenses within the 25[-]year look[-] back period” (15 NYCRR 136.5 [b] [*2][2])Specifically, during the look-back period, petitioner committed the “serious driving offense” of having been twice convicted of speeding violations “for which five or more points [were] assessed on [her] driving record” (15 NYCRR 136.5 [a] [2] [iii]).

(external quotation marks and footnote omitted) (internal citations and quotations preserved). While the Third Department has dealt with several challenges to the regulations (15 NYCRR 136) itself, this case deals with whether the speeding violations are considered a serious driving offense. Indeed, “[P]etitioner’s contention that 15 NYCRR 136.5 (a) (2) (iii) arbitrarily designates a ‘conviction of two or more violations for which five or more points are assessed on a violator’s driving record’ to be a serious driving offense.” more