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What can I do to regain license after being subject to Charlotte's Law?

Rocky Point, NY |

I have received four violations for drinking and driving in NYS. The first three convictions are a DWI in 96, another in 97, a fatal accident DWAI in 2001, and have just been sentenced in Aug for a DWI which occurred in Aug of 2011.

I received a letter in August from the DMV stating "You are eligible for the DDP. You will be eligible for a post-revocation conditional license/privilege when the revocation period ends."

My question is; since, technically, it is treated as a first offense, why can I not get a conditional license prior to the post-revocation period, since it says I am eligible for the DDP - and I thought that was the whole point of the DDP; and will there really ever be a post-revocation period or does "revoked ... for at least 6 months" mean forever under Charlotte's Law?

Attorney Answers 4

Posted

An answer to your query takes a detailed look at the totality of your driving record and application of the new regulations. It cannot possibly be answered here. We do this analysis for a lot of people.

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Asker

Posted

Have you any experience with the new regulations including appealing DMV decisions regarding the new regulations?

Michael J Palumbo

Michael J Palumbo

Posted

A lot

Posted

You may refer to the quick reference chart for assistance in determining how long before you are again eligible to drive and under what conditions. At this time, a number of persons who have had their license restoration barred are mounting a legal attack on the regulation. [removed]

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

If you received that letter from the DMV I would immediately go to your local DMV office to apply for it and the DDP. I'm surprised to read that you received that letter. I want to caution you that New York has drastically changed its relicensing provisions recently. View this website for details regarding those changes: http://www.dmv.ny.gov/problem.htm. Importantly, New York has decided that any driver with three or four alcohol-related driving convictions within the past 25 years, of which one is a serious driving offense (e.g. fatal accidents), is subject to a permanent denial of relicensing by the DMV. You should consider hiring an attorney to discuss your situation in detail with him or her.

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Asker

Posted

I am aware of some attorneys, including Eric Sills, who are fighting the new regulations. However, I have read no reports on whether any of his, or other attorney's attempts have been successful. Unfortunately probation has denied authorization to take the DDP. I'm afraid I'm stuck in a rather precarious position where my only hope is one of the three agencies (DMV, probation, and OASAS) currently in complete control of my life and livelihood decides to cut me a break.

Posted

I agree with my colleagues. In particular, I refer you to attorney Andrews' answer. I, too, am surprised you received this letter. Let me be blunt - with your record you should be speaking directly to an attorney, not posting here. Try contacting attorney Palumbo directly.

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Asker

Posted

It was my intention, in posting this question, to find an attorney with experience in this particular matter and to find out if, in fact, there have been any successful resolutions regarding the new regulations. I was also surprised to receive the letter and am still confused as to 1) why I would possibly attend the DDP program since I am edible for a conditional license only after the revocation 2) why I installed an IID in my car if I am unable to drive

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