Is the New York State DMVs decision to deny my license application based on § 136.5 legal?

Asked over 1 year ago - Unadilla, NY

Prior to Regulation NYCRR § 136.5, I had reapplied for my driver's license after suspension was up. I received a letter back stating I needed to complete alcohol counseling which I did. Form DS-449 was sent to DMV by my counselor stating that I had successfully completed treatment. All of this took place BEFORE the stricter guidelines for re-licensing were made law. The DMV continued to sit on my application until the new guidelines came into effect (three months later). Finally, 7 months after completing treatment, my denial letter came from Albany. I did everything I was supposed to in the letter from the first examiner. I have appealed the Commissioner's decision. What are the chances this is over-turned? Why was my application reviewed TWICE?

Attorney answers (4)

  1. Marco Caviglia

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    Contributor Level 19

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    Answered . This regualtion is ripe for challenge in the nature of an ex post facto law, and it denies a valuble property interest. I am unaware of any rulings yet, though. You may wish to consult an appellate attorney who would proceed with this.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Zev Goldstein

    Pro

    Contributor Level 14

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    Answered . This is a brand new law, and the calls are coming in.
    One recourse is trying to sue the state for changing the law retroactively, the other would be trying to reopen the cases being that the information you had when you plead guilty was faulty.
    Good luck to all of us as we try to find a fix for this.

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  3. Michael J Palumbo

    Pro

    Contributor Level 19

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    Answered . The regulations are new and no lawyers that I am aware of practice in this field except for me. I have 2 pages of content about it on my web site: http://www.attackthatticket.com/relicensing_aft..., http://www.attackthatticket.com/appeal_denial_r.... I can represent you to get your license back. 1-877-996-6849.

  4. Christopher Irvin Simser

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You need to consult with an attorney experienced in this area. I am aware that attorney Palumbo is handling this appeals as he notes in his answer.

    Christopher I. Simser, Sr.
    Anelli Xavier
    269 West Jefferson Street, 2nd Floor
    Syracuse, NY 13202
    1-800-DWI-TEAM

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