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

Asked 11 months ago - 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)

  1. Derek S Andrews

    Contributor Level 7

    10

    Lawyers agree

    Answered . 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.

  2. Michael J Palumbo

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . 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.

  3. Marco Caviglia

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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... more
  4. Christopher Irvin Simser

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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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