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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

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Attorney answers 4

Best Answer
Posted

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.

Patrick Caston Crowley

Patrick Caston Crowley

Posted

This seems to be an exciting thread.

Asker

Posted

Could you tell me more about this please?

Richard Caro Roxin

Richard Caro Roxin

Posted

I believe that attorney Peter Gerstenzang's office in Albany is preparing a legal challenge to these DMV regulations, so you may want to call to get more information.

Asker

Posted

Omg thank u so much ;)

Posted

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.

Asker

Posted

Wow - that's was rude.. And WRONG. I got out of jail on June 3 & got sentenced on the 28 of 2010. I did not give birth until march of 2011. What r u talking about??!! I have not drank since then and I am DEFINITLY NOT the same person. I would NEVER drink much less drink & drive again. It's been almost 3 years and I've been doing great - wow thanks for the thoughtful words & all your help!

Patrick Caston Crowley

Patrick Caston Crowley

Posted

You answer is completely out of line. it is not an attorneys job to get on a soap box and preach morals especially on a site like AVVO

Asker

Posted

You should really be ashamed of yourself for speaking to me like that. This site is for advice not to pick on someone for their past wrongs or call them names.You are the embarrassment my friend. You are an embarrassment because us sharks pay your bills hunny. You should never bite the hand that feeds you .. Ovi you were never thought manners much less how to speak to women or even a bit of class. You are just plain out rude & I'm sure single. I have been to an impact panel 1 time and only been to jail on my last dwi. Each time I got a slap on the wrist- so NO! I did not understand. I never hit anyone or anything like that. And I don't deserve this punishment or you speaking to me like this.

Michael J Palumbo

Michael J Palumbo

Posted

The way you wrote your question implied that after you got out of jail you caught your final DWI. Okay, glad to hear you were not drinking while pregnant. Nonetheless, I still support the law and am glad that recidivist DWI convicts have a lifetime ban.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

But, retroactive! Makes no sense!

Michael J Palumbo

Michael J Palumbo

Posted

I am not "preaching morals," but merely expressing my opinion as a citizen of NY in support of the law to keep recidivist drunks off of the road - I support the law. Further, made no opinion or statement about this woman's morals I only commented on her behavior. I may practice DUI law, but that does not mean that I am an apologist for my clients that drink and drive. But there is a difference between representing someone in a court of law to ensure fair treatment, due process, and putting the people to their proofs, and support of the laws of the state of NY. People should not drink and drive. And people should not do it continually after being caught. It's a danger to the public.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

This is not due process. It is ex post facto punishment even if the courts say otherwise. If you have been doing this for long, you've seen people who picked up four of these before they ever went to court for the first one, much less went through classes, treatment, or victim impact panels. The vast majority of drunk drivers hurt no one but themselves. I agree that it is reprehensible behavior. Laws like this do not make things better.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Asker

Posted

And no one should hire someone to represent them if that person really wAnts them in jail - you are no better being a pretender . Do you really fight for your clients or just simply give them what you feel is the right punishment and tell them that it's their best offer.

Michael J Palumbo

Michael J Palumbo

Posted

I do not "want [my clients] in jail." Nor do I "give them...punishment." I zealously advocate for my clients and analyze that quality and quantity of the evidence against the. In a DWI case I work with counselors and often advise my clients to self-refer. I present this to the prosecution along with my take on the evidence to get the best offer. I also in the intervening time demand discovery and preserve my client's rights to make written motions. When the prosecutor makes an offer I am duty bound and obligated to convey this offer to my client. At that point, it is up to my client to accept the offer or proceed ahead with their defense. You see, unlike a lot of lawyers I have not lost sight of the fact that it is not MY CASE, but MY CLIENT'S CASE. A client, in making her decision, will often ask my opinion of the evidence against them. To which I tell them. At the end of the day, it is up to my client to decide which direction to go be it taking a plea or taking the case to trial. It is not my decision I never push my clients one way or another I just tell them the advantages and disadvantages and consequences of both.

Posted

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.

Asker

Posted

Thank you. I agree - im mot waisting any more tine on him.- I just feel like this law is very unfair. Put it in place but start it from that day forward!! How can the retroactive it 25 years!!??

Michael J Palumbo

Michael J Palumbo

Posted

Just because I am a lawyer does not mean that I do not support the public safety laws of the state; just because I represent someone charged with DWI does not mean I am an apologist for their behavior just like the mere fact that you represent someone here illegally fighting deportation does not mean that you advocate for the crime of coming here illegally. Further, I did not judge her "character or moral actions," but her behavior which she had demonstrated to be a danger to everyone on the road.

Posted

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.

Patrick Caston Crowley

Patrick Caston Crowley

Posted

Or to declare a war on immigrants.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

That, too! We have a system with several positive feedback loops. Sells lots of newspapers and TV commercial time, too!

Michael J Palumbo

Michael J Palumbo

Posted

No such thing as a "local pardon" in NY

Asker

Posted

This is how I feel, speaking from the other side of the fence. They are going about it all wrong. People like me who are doing the right this want to get their license .. Putting an interlock in our car is the best and most effective solution. Because our car simply won't start if we ever get drunk again. Now telling us we just can't drive... Makes us wanna stoop to other means & will likely lead to someone driving a car anyway.. With out an interlock in it.. Which does not help innocent drivers at all. A simple interlock will insure me from never hurting anyone or ever going back to jail & leaving my children motherless had I ever had a "slip". This 5 year thing is just pissing everyone off and not helping in anyway. If this was the old me- I would find someone to insure my car & drive with my best friends license.. And I was so proud of myself for not driving & holding out. But another 5 years, with 2 year old twin girls?!!! This is going to literally be impossible . My mother has been driving me & them around for 2 years!! I can't possibly break the news to her that its gona be another 5

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

Well, it will be. I know that the idea of moving to another state is also impractical with two little ones. If you did, though, you would be able to return to NY after the revocation period there runs out, with their restrictions. I think IIDs are silly for most cases, but with repeat offenses it is at least a step in the right direction. I wish you luck. Perhaps you should take your mother - chauffeur along with you when you talk to legislators.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

A local pardon isn't part of our statutes, either. It just happens if everyone thinks it is a good idea. Rare. Doubt it would happen with DWI cases, though. Too much chance of bad press, especially if there were to be another offense.

Asker

Posted

Lol thanks.

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