This regualtion is ripe for challenge in the nature of an ex post facto law, and it denies a valuble property interest. I am unaware of any rulings yet, though. You may wish to consult an appellate attorney who would proceed with this.
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.
The regulations are new and no lawyers that I am aware of practice in this field except for me. I have 2 pages of content about it on my web site: http://www.attackthatticket.com/relicensing_after_alcohol_conviction.html, http://www.attackthatticket.com/appeal_denial_relicensing.html. I can represent you to get your license back. 1-877-996-6849.
You need to consult with an attorney experienced in this area. I am aware that attorney Palumbo is handling this appeals as he notes in his answer.
Christopher I. Simser, Sr.
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
This is a brand new law, and the calls are coming in.
One recourse is trying to sue the state for changing the law retroactively, the other would be trying to reopen the cases being that the information you had when you plead guilty was faulty.
Good luck to all of us as we try to find a fix for this.
This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)
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