Andrew cuomo passed a new dwi relicensing law sept. 2012. I fall under the category of 3 or 4 dwi's.. Which mean on top of my revocation I must now add 5 years which brings it to a total of 7 years with no license. Then after this 7 years is up .. I can only get a restricted & have interlock for another 5!! Wow!! I was very immature when I was getting all these dwi's back to back , and the day I got out of jail for my last one.. I got pregnant with twin girls. Literally!! Then I plead to 3 years probation & 18 month revocation of my driving. This is the first time i have ever followed the rules and actully NOT driven at all!! being a mother has matured me alot.Now getting off prob early in hopes that I could drive in the near future -AND NOW THIS! I did not plead to this at my sentencin
As you know, these regulations were just very recently enacted, and I understand that there are legal challenges either underway or soon to be filed. You should contact the attorney who represented you on your most recent DWI conviction to address your situation and the best approach for you to take at this time.
Unfortunately, it is very difficult to change a law and would take an act of the New York State Legislators or possibly the Courts to change the law. It might even require moving to a state with more lenient laws.
That being said and this statement is my own personal belief and not that of my firm. I believe that the other lawyer who answered was being completely inappropriate with his answer. I hope that motherhood has caused you to reevaluate your life choices. Though I believe there are consequences to actions, I believe that these are too harsh. It is not an attorney's job to judge your character or moral actions.
You were not merely "immature" but you were reckless, obstinate, and selfish to continue on a second, third, and possibly fourth time to drink and drive after having been through the system and having been trained on the dangers of DUI - you have been to the MADD victim impact panel and through the DDP program numerous times, but yet you continued to endanger the lives of the motorists of the State of NY with your irresponsibility. Then, and this really is the "kicker" if you ask me, the first thing you do when you get out of jail is get pregnant, but then it appears that after that you plead to 3 years probation for DUI, which means that while you were pregnant you were not just drinking, but drinking AND DRIVING.
I agree that the lifetime revocation laws are unfair in that they will capture a lot of dolphins with the sharks. However you mam are a shark. These laws were written to target people like you who have demonstrated that time and again they cannot be trusted to get behind the wheel of a car sober despite warnings, punishment, counseling, training, re-training, probation, jail, pregnancy, fines, and temporary suspensions. I for one do not feel sorry for you.
As to the licensing issue, your best bet, unfortunately, is to move to a different state. Many will give you a license, although probably with restrictions.
You can try to get it changed but I wouldn't bet on your success before your revocation period runs out.
No one ever lost office for being to harsh to drunk drivers (or sex offenders, or criminals in general). This accounts for the insanity of much of our legal system. It is very easy to start a war on drugs, or on drunk driving, or whatever. It is not easy to stop it.
You can, and should, tell what happened to you to your legislators. Even if they are sympathetic, though, it is unlikely that anything will be done.
Part of what motivates lawyers like me is the unfairness of it. What you did was wrong, no question. The concept of the punishment fitting the crime has fled, though.
Sorry to be the bearer of bad news.
Note, if you do move to another state and get a valid drivers license, that still will likely not permit you to drive in New York!
Another, highly unlikely, solution would be to see if you could get what we call here a "local pardon." That is, go back to the court of conviction and see if you can convince a prosecutor and judge to put their careers on the line by taking back a conviction to help you out. As I said, highly unlikely.
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