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The likelihood of having a NY State traffic infraction from 1999 removed from driving hsty to assist def in a current DUI case?

Brooklyn, NY |

As of September 26th 2012 there was new law passed in NY State that allows the courts to look back 25 years at your driving record to determine whether or not you can lose your license for LIFE if convicted of 3 alcohol related driving offenses. They look at how many alcohol related offenses are on your record as well as how many points you have for tickets and the like. I have a speeding ticket from 1999 that I was told by DMV is 8 points (can't remember exactly but must have plead guilty) a speeding ticket from 2003 that DMV told me is 8 pts same story, a DUI from 1999 when I was a kid and satisfied all court classes, fines and requirements, an "alcohol related infraction" in 2003 and recently another DUI that I'm fighting. If I'm convicted, my dving hsty will cause me to lose my license

Attorney Answers 4


I would think after 13 years, your chances are not particularly good, however, you increase those chances hiring an experienced attorney to do it.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

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Meet with an experienced DWI defense attorney who is familiar with the new regulations. To the best of my knowledge, there is no way to remove an infraction from your driving record for purposes of applying these new regulations. If a driver could do so, it would undermine the whole stated purpose of these regulations.

That said, speak with an attorney. He or she can review your Abstract of Driving Record (you can get one from DMV for a few dollars) and advise you accordingly.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202

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There is no method under NY law to have anything removed from your driving record.

I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366;

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3 lawyers agree


Yes you will!

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