I paid all fines, completed substance abuse counseling and graduated Veterans Court from last Dui in 2015 but didn't get convicted until 2017. According to new reg's automatically denied based on that. Is there anyway to get points reduced other than going through a lawyer? Haven't seen my abstract but I'm sure over 20 pts. I've been driving for 35 yrs. Lol. Says they can make me wait 5 yrs and still put breathalyzer on car for up to 5 yrs. Is there anything else I can do? I am trying to get letter from my doctors saying taking public transportation exacerbates my symptoms of my diagnosed PTSD and anxiety for my extenuating circumstance. I need someone's help and I am a disabled veteran.
I suggest you review the information at:
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A change in DMV regulations in 2012 allowed for 5 to 10 year revocations of licensure to those with 3+ alcohol-related convictions in a 25 year period, and lifetime revocations in more severe circumstances. Since then, the Court of Appeals (NY’s highest Court) has ruled that driving is a privilege, not a right, therefor it can be completely regulated by the State. There is an appeal process through the DMV Driver Improvement Bureau (“DIB”), then an Administrative Appeal process if the DIB denies the first appeal. These appeals are rarely successful as there is an extremely high burden on the motorist to prove unusual, extenuating, and compelling circumstances. Even when this burden is met, the motorist is generally granted an ‘A’ license only allowing driving to/from work and necessary medical appointments.
You have 60 days from the denial to send a letter demonstrating extenuating circumstances. If that's denied you can file an appeal with the DMV appeals board. Be prepared, however, these are rarely granted.
I am a former homicide prosecutor and have been an attorney for almost 20 years. I handle all criminal and traffic matters in Nassau and Suffolk County. Any comments here are not legal advice but are posted purely for educational purposes. There is no attorney-client relationship created by any of my comments.
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