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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

  1. 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.

  2. 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.

  3. 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: 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.

  4. 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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