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What is the best way to get this law revised?

Poughkeepsie, NY |

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

Attorney Answers 4

  1. Best answer

    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.

  2. 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.

  3. 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.

    Patrick Caston Crowley, Esq. (718-769-6352) Law Offices of Marina Shepelsky, P.C. 2306 Coney Island Avenue, 2nd Floor Brooklyn, NY 11223 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  4. 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.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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