NY DWI Penalties-Fines

Judge’s Ruling Leads to Changes in NY DWI Wall of Shame

Only those convicted of drunk driving in Nassau County will now appear on the website.

County Executive Tom Suozzi created an internet Wall of Shame last Memorial Day that listed the names and featured photographs of motorists arrested for driving while intoxicated in Nassau County, New York. A state Supreme Court judge has ruled that announcing a New York DWI arrest before the suspect has the opportunity to present a defense in court is a violation of due process.

Suozzi insists he has the right to distribute the information but will alter the site to include only those convicted of drunk driving in New York. DWI defense attorneys have decried the website postings saying that they punish drivers beyond what state statutes allow. Earlier in the year Suozzi was forced to purge the site because it included underage drivers arrested for suspicion of drinking and driving, which was a violation of state law.

Since its inauguration last Memorial Day weekend, approximately 1400 drivers accused of drunk driving in Nassau County have appeared on the site.

The judge’s ruling only directly affects those involved with a lawsuit, though Suozzi anticipates the ruling will lead to more suits being filed. Suozzi plans to appeal the decision, and in the interim the site will only feature those who have been convicted of NY DWI after a trial or have entered a guilty plea.

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Westchester County Considers Vehicle Seizure for New York DWI

Suburban New York City county pushes for harsher drunk driving penalties.

A Westchester County legislator has sponsored a statute calling for seizure of vehicles owned by motorists convicted of driving while intoxicated in New York. The legislator claims a need for a stronger deterrent, saying that the rise in DWI arrests shows the existing penalties are not working. He said that, “we should make the lives of drunk drivers miserable.”

Suffolk and Nassau Counties have seizure statutes in place, and New York City has a policy not specific to drunk driving. Law enforcement agencies admit that seizures are difficult to enforce and they create a logistical headache and a strain on the court system. Many say that there are gray areas in each legal case and vehicle seizure is unfair in some situations. Nassau’s initial law was found unconstitutional because it seized vehicles for any traffic violation. Suffolk too amended its law.

Opponents of the statute say the drunk driving situation may not be solved with new laws and want the legislative body to review all existing efforts and policies first. Arrests for New York DWI in Westchester County totaled 2,515 in 2006, a rise of 7% over the previous year. Rather than an increase in drinking and driving, some take that as a reflection of the police doing a better job of law enforcement.

The Westchester County legislative committee will be reviewing data on the proposed vehicle seizure policy over the coming weeks.

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DWI Punishment

Nassau DA Announces Harsher Punishments for DWI’s

Nassau County District Attorney Kathleen Rice held a press conference yesterday to discuss the first step in her strategy to combat drunk diving in Nassau County and in New York State.

Flanking Rice at the conference were Nassau County Police Commissioner James Lawrence, State Senator Charles Fuschillo, Major Walter Heesch of the New York State Police, members of Mothers Against Drunk Driving and members of the Nassau County Department of Probation and the Transportation Safety Board.

DA Rice is implementing sweeping changes in terms of prosecuting drunk drivers, and has declared her commitment to working with legislative leaders at the county, state and federal levels stiffening penalties for offenders and offering more treatment alternatives for offenders suffering from substance abuse problems.

“I stand before you today the proud member of a coalition devoted to saving lives in Nassau County,†DA Rice said. “Behind me are leaders in the law enforcement community, in Albany, in our county government, and in our communities. I cannot take on the reckless decision by those 4,100 drivers alone – that’s why I am honored to be part of this team and look forward to taking this first step together. Today is Day 1 in our assault on drunk driving in Nassau County. It will be a long and hard process, certain to create opposition from the other side of the court room, but this step, and the steps that will follow, must be taken before more innocent lives are lost.â€

Senator Fuschillo, the author of New York’s .08 law, expressed appreciation for Rice’s support of his most recent bill – an attempt to require two-time offenders to serve at least five days in jail.

“I thank District Attorney Rice for supporting this legislation, and look forward to continuing our partnership to end the continuing string of senseless tragedies caused by drunk driving,†the Senator said.

The District Attorney was also joined by Nassau County Police Commissioner James Lawrence.

“I look forward to working with the DA on these cases from the moment of criminality to the end of prosecution. A partnership between her office and mine is essential when combating crime and I embrace wholeheartedly her efforts to improve the investigations of these crimes,†said Commissioner Lawrence.

Heading prosecutions of vehicular crime in the District Attorney’s Office is Assistant District Attorney Maureen McCormick, whom the office calls a national expert in vehicular crime and alcohol-related offenses. ADA McCormick will train law enforcement in evidence collection and preservation as the DA’s office looks to strengthen its cases in preparation for trial. She will also launch a speaking tour of high schools in Nassau County about the dangers of drinking and driving and the legal costs and ramifications of it.

“My approach is multi-prong. I am addressing deterrence with more severe punishments, the ability to receive treatment for many defendants, the need for real license sanctions in New York State, and the education of kids that have yet to become defendants or victims of this epidemic,†said District Attorney Rice.

“Drunk driving needs to be accountable for the destruction of life it causes. If you drive from Western Nassau County to Eastern Suffolk County – with DA Rice and DA Spota, you are not going to get away with murder,†said Denna Cohen, President of the Long Island Chapter of Mothers Against Drunk Driving (MADD).

Changes in DWI Policy

The strengthening of cases by procedural and evidentiary upgrades with the police agencies (i.e. improved cameras in Central Testing Section and State Police barracks, targeted interrogation and detailed note-taking, cooperative training with the Nassau County District Attorney’s Office, universal Portable Breath Tests, support for Drug Recognition Expert program).

Consistency in approach through a cooperative effort with the sheriff’s office, probation department and the judiciary. The DA’s team would like to advocate for DWI courts, which would allow the expedition of cases, consistency of plea offers and the ability to follow-up on the conditions of sentence – especially treatment.

Substantial education for drivers with high BACs. We will advocate for a driver with a .16+ or a felony DWI to be sentenced to the Victim Impact Panel. We will also advocate for drivers with low BACs, who are thus ineligible for the DMV’s Drinking Driver Program, to receive a 6-hour course covering the toxicology of alcohol and drugs. The DA’s office wants for aggressive drivers to be sentenced to a Driver Improvement Course but not to receive the insurance benefit associated with the DMV-approved Defensive Driving Course.

The DA will be pushing for legislation that will: make an out-of-state DWI conviction a predicate for an in-state felony; allow for any medically capable personnel to draw blood for evidentiary purposes; the creation of an aggravated DWI for higher BAC readings; the creation of a charge between Manslaughter 2° and Murder 2° for vehicular murders; the amendment of the sentencing laws to allow for consecutive sentencing for multiple victims; saliva drug testing similar to PBTs; revision of Vehicle and Traffic Law 214 to alleviate the Crawford issue; and Black Box access in vehicles that have not created commercially available software.

The DA's office released the following list of changes in plea guidelines:

Effective Immediately

.05//06 Non-alcohol Traffic Violation + 6-hour Toxicology/Driving Program

.07 Driving While Impaired (No deal) Cond - Discharge + Drinking Driver Program, 90-day license suspension + fine

.08-.12 Plea to Driving While Impaired - Targeted Comm. Service - Cond. Discharge, Drinking Driving Program, Fine, 90-day - Suspension of license - Jail: 15 days for any failure to comply

.13/.14 Plea to Misdemeanor DWI (No deal) - Recommendation - Comm. Service - Cond. Discharge + Drinking Driving Program, Fine, 6-month license - revocation - Jail: 30 days for any failure to comply

.15/.16 Plea to Misdemeanor DWI (No deal) - Recommendation: Probation, Fine, Ignition - Interlock, Drinking Driver Program, 6-month license revocation.

.17-.20 Plea to Misdemeanor DWI (No deal) - Recommendation: 10 days STOP-DWI Jail, Drinking Driving Program, Comm. Service, Victim Impact Panel, Ignition Interlock, 6-month license revocation

.21+ Plea to Misdemeanor DWI (No deal) - Recommendation: STOP-DWI Jail or Jail - Split (RAPP Probation), mandatory treatment (devised by STOP-DWI and RAPP), Fine, Comm. Service, Victim Impact Panel, ignition interlock 6-month, license revocation (must have NO ability to obtain a license for RAPP probation)

Refusal: Treated as .13-.16 with Victim Impact Panel Second Alcohol Incident: Misdemeanor, treat as .21+ Second Incident over .12 or Third Incident: Felony Now considering all priors, regardless of time lapse (previously it was a ten-year limit)

Felony: All pleas require the forfeiture of an eligible vehicle. Sentences should include “no driving as a condition of probation until treatment is completed and probation clears the defendant for re-application for a licenseâ€. All pleas with a probation component MUST include an ignition interlock device, RAPP Probation and attendance at Victim Impact Panel.

Source: http://www.northender.com/

NY Drink Driver Program

New York State Drink Driver Program

If you are convicted of an alcohol or drug related driving violation, your driver license or privilege to drive in New York State will be revoked or suspended. However, you may be eligible for a conditional license or a conditional driving privilege if you participate in New York State's Drinking Driver Program (DDP). If you qualify for a conditional license or conditional driving privilege, you will be allowed to legally drive within certain limitations.

To receive a conditional license or conditional driving privilege, you must participate in the DDP.

Your "Order of Suspension or Revocation" (MV110.1L) from the Department of Motor Vehicles (DMV) will indicate a state or county motor vehicle office where you may enroll in the Drinking Driver Program. Bring your driver license or proof of identity with signature (see form "MV-44.1", available at motor vehicle offices), and payment of the appropriate fees (see "Program Fees"). If you are placed on probation because of this conviction, you also must bring written permission from the sentencing court, or your probation officer, that allows you to apply for a license.

If you are licensed in another state or a province of Canada and you want to restore your New York State driving privilege, see section "Out-Of-State Issues - DDP Entry."

Before you decide not to participate in the Drinking Driver Program, please read "If You Do Not Participate."

ABOUT THE PROGRAM

The Drinking Driver Program is part of New York State's effort to reduce the personal and property losses caused by drivers under the influence of alcohol and/or drugs.

The DDP helps the participants examine the arrest experience and the reason for their arrest. It also helps them learn to make appropriate driving decisions for the future. During the DDP introductory session, participants are asked to consider the reasons and goals of the program, and its requirements for completion. Under the guidance of the director and staff, the participants discuss the social, medical, legal, and driver safety problems caused by alcohol and other drug abuse. The program includes classroom education, screening, and evaluation and treatment if warranted.

CLASSROOM PHASE

As a DDP participant, you must attend all seven weekly classroom sessions. Each session takes 2 to 3 hours, for 16 hours total. When you satisfactorily complete the classroom sessions, your involvement in the DDP will end, UNLESS the program refers you for formal evaluation, and any resulting treatment (see "Completion").

SCREENING AND REFERRAL

Some DDP participants are referred from the classroom phase for formal substance abuse evaluation. Referral can result from: - the results of a written self-inventory. - two or more alcohol or drug-related driving convictions within 10 years. - an arrest for an alcohol or drug-related driving violation while enrolled in the DDP. - attending class under the influence of alcohol or drugs. - a request by the student for help with a substance abuse problem, or an admission that the student is currently in treatment. - If you are referred for evaluation, you may choose a provider from a list supplied by the DDP. If you are not satisfied with the results of the evaluation, you may contact the DDP director and request a second evaluation. However, you must accept the findings of the second evaluation.

After evaluation, you may be required to complete a formal substance abuse treatment program. If you fail to complete required evaluation or treatment, you will be dropped from the DDP and your conditional license will be revoked.

COMPLETION

You will receive a "Notice of Completion" (MV-2026) when you have completed all the requirements of the Drinking Driver Program. A copy of your completion notice will be sent to the DMV. Then, depending on your license status and driving record, your license will be restored or you will be eligible to apply for a new license. You may not be allowed to apply right away if:

- your conditional license is under revocation (see "Conditional License Revocation"). - you were under 21 when the alcohol or drug-related driving violation occurred (see "Re-licensing After DDP"). - you refused an alcohol or drug test on the date of the violation (see "Re-licensing After DDP"). - you committed the alcohol or drug-related violation while operating a commercial motor vehicle.

DROPS, RE-SENTENCING, RE-ENTRY

You will be dropped from the DDP and lose your conditional license (see "Conditional License Revocation") if you:

- do not attend class, any required evaluation, or treatment; or, - do not otherwise satisfactorily participate in the program; or do not pay the program fees. - If you are dropped from the DDP, you may not re-enter without a written letter of consent from the DDP director. Bring the letter to any state or county motor vehicle office for additional information about re-entering. A re-entry fee of $50 is required, payable to the DDP. There are restrictions on the number of times that a participant may re-enter the program and keep a conditional license.

At the time of sentencing, the court may have issued you a conditional discharge (CD) that requires DDP completion. DMV will notify the court if you do not enroll in the program, or are dropped from it. The court then may call you in for re-sentencing.

PROGRAM FEES

When you enroll in the Drinking Driver Program, you must pay the Department of Motor Vehicles a nonrefundable fee of $75. Other fees also may be required in certain cases. Checks or money orders must be made payable to the "Commissioner of Motor Vehicles. "

After enrollment, you also must pay a fee directly to the agency that will conduct your DDP classes. The maxiumum DDP enrollment fee is $225, payable to the program you attend. Motor vehicle staff will tell you the exact fee and who to pay. Payment is expected when you attend the first class. There will be additional fees if you transfer to another DDP or apply to re-enter a program you have been dropped from.

During the DDP course, you may be referred to a DMV recognized health care provider for formal evaluation and resulting treatment, if necessary. If formal evaluation or treatment is needed, you will have to pay additional fees to the agency that provides those services (see "About the Program").

THE CONDITIONAL LICENSE NOTE: The limitations for using a conditional license, and the reasons for its revocation, also apply to conditional driving privileges issued to participants licensed in other states.

WHERE AND WHEN YOU MAY DRIVE

A conditional license generally is not valid for driving a taxicab or any motor vehicle that requires the driver to have a Commercial Driver License (CDL). In certain situations, a conditional license may be issued to the holder of a CDL or a Class E license. For more information, contact the DMV Driver Improvement Adjudication Unit (DIAU; see address in Relicensing For Non-Participants").

If you receive a conditional license, it is valid to drive only:

• to and from work, and during work if driving is part of your job
• to and from a class at an accredited school or college
• to transport your child to and from a child care facility or school when necessary to maintain your employment, or your enrollment in an accredited school or college
• to and from DDP classes and any required evaluation or treatment
• to and from a state or county motor vehicle office for business related to your conditional license
• to and from court-ordered probation activities
• to and from medical examinations or treatment for you or a member of your family, as certified in writing by a physician
• during the three-hour weekly period listed on your conditional license attachment

If your job or school changes location, you must immediately notify the DMV. To do this, complete a "Conditional License-Privilege Attachment" (MV-2020, available at most motor vehicle offices), and submit it to a state or county motor vehicle office.

CONDITIONAL LICENSE REVOCATION

Your conditional license will be revoked if you are convicted of violating any condition listed above, or of any moving violation. After the conditional license is revoked, you may continue to attend the Drinking Driver Program, but you may not drive under any circumstances. If you are over 21 years old and complete the program without additional convictions, your full license will be restored at the end of the program (see "Re-licensing After DDP"). If you are under 21 and your conditional license is revoked, you must serve a one-year revocation even if you complete the DDP.

Your conditional license also will be revoked if you are convicted or found guilty of any additional alcohol or drug-related violation, or any other violation or incident that usually results in license revocation. If your conditional license is revoked for any of these reasons, you may continue to participate in the DDP without driving, but you will not be re-licensed immediately after you complete the program. The DMV will consider your re-licensing only after you have completed the DDP and have served any required revocation period. You must turn in the revoked conditional license to a state or county motor vehicle office to receive credit toward the revocation period.

If you are dropped from the Drinking Driver Program, your conditional license will be revoked. If this occurs, your original license suspension or revocation will be reinstated for its full length. You must turn in your conditional license immediately upon receiving a revocation order. If you wait, your return to full license status may be delayed.

RE-LICENSING AFTER DDP

If your original license had been suspended, you must:

complete the DDP; go to any state or county motor vehicle office to have your license restored; pay a $25 suspension termination fee; or, if your license had been suspended following a violation of the "Zero Tolerance Law," you must pay a $100 suspension termination fee and a $125 civil penalty; and, pay any required license fees, such as for license renewal. If your original license had been revoked, you must:

complete the DDP; bring your DDP "Notice of Completion" (MV-2026) and conditional license to the state or county motor vehicle office that issued the license; meet all DMV requirements and criteria for re-licensing; and, pay any required license fees such as for license renewal, or for any required skills tests for Commercial Driver Licenses. Please note: Re-licensing after revocation is not automatic. DMV must review your application.

STATE OF LICENSE STATE OF CONVICTION DESIRED DDP LOCATION WHAT TO DO NY NY Out-of-state Contact the DIAU for information about equivalent out-of-state programs. The out-of state program need not be identical in length or number of sessions as the DDP. After you enroll in an approved program, bring or mail proof to a NY state or county motor vehicle office. If you are eligible that office will issue you a conditional license. If you qualify your license must remain in conditional status for at least 60 days. NY Out-of-state NY If you have not received an order of suspension or revocation, it is possible that the DMV has not received proof of your out-of-state conviction. Contact the DIAU for information about entering your out-of-state conviction onto the DMV's record. When it has been entered, you will be mailed a suspension or revocation order, and information about the DDP and conditional license options. Out-of-state NY NY After your alcohol/drug conviction is on the DMV record and eligibility has been determined, go to a NY state or county motor vehicle office and enroll in the DDP. At enrollment, you must present a driving record (abstract) from your home state before the DMV can issue a conditional driving privilege. Out-of-state Out-of-state NY This is called a "courtesy" enrollment in the DDP, which may satisfy another state's requirements. Check with the other state to verify whether they will accept the New York State DDP. Bring proof of your out-of-state conviction to a NY state or county motor vehicle office. No driving abstract is needed, as a New York license privilege will not be issued.

The DMV cannot consider your application for re-licensing until the end of the revocation period if you originally had refused a request for an alcohol or drug test, had committed the alcohol or drug-related violation while driving a commercial motor vehicle, or were under 21 at the time of your arrest. However, if you complete the DDP and have a conditional license, you may continue driving in conditional status during the remainder of the revocation period.

OUT-OF-STATE ISSUES - DDP ENTRY

Most DDP participants are New York State licensed drivers convicted of alcohol or drug-related driving offenses that occurred in New York State. To participate in the DDP, those drivers should follow the instructions previously described in this publication.

The situation of other drivers may fit the "out- of-state" circumstances summarized above. For each description, proof of alcohol or drug-related conviction is required. For additional information, contact the DMV Driver Improvement Adjudication Unit (DIAU, see address in "Re-Licensing for Non-Participants").

IF YOU DO NOT PARTICIPATE

If you are eligible to participate in the Drinking Driver Program, or choose not to, you will not be eligible again for the program or a conditional license for the next five years.

Note the effective date on your "Order of Suspension or Revocation" (MV-110.1L). Unless you already have turned in your license to the court, you must turn it in to a DMV office or a county motor vehicle bureau by this date.

If you do not participate in the DDP, your license suspension or revocation officially began at your hearing or sentencing in court, unless the court gives you a "Continuation of Driving Privileges" (MV-1192). Your credit for serving the suspension or revocation begins on the effective date of the order or the day after you turned in your license, whichever was later, provided you give the court your most recent license. If you receive a "Continuation," your suspension or revocation will begin 20 days after sentencing, and you will begin to receive credit on the next day. You must then turn in your license at a motor vehicle office, unless it has already been taken by the court. If your license is missing, contact a state or county motor vehicle office for guidance about what to do.

It is a criminal offense to drive a motor vehicle while your license is suspended or revoked. If you are convicted of driving under suspension or revocation, you will be fined at least $500, and you will be sentenced to jail or probation. In addition, the police will impound the vehicle you were driving when arrested.

RE-LICENSING FOR NON-PARTICIPANTS

New York State Licensed Drivers: If your driver license becomes suspended, it will be restored after the end of the suspension period and payment of the suspension termination fee described in "Re-licensing for DDP Participants." You may pay the fee in person at any state or county motor vehicle office. You may also mail the fee payment to any of these motor vehicle offices, or to the DMV Driver Improvement Adjudication Unit (DIAU) at the address below. Your valid photo-license will be mailed to you after the fee is paid.

If your driver license has been revoked, you must apply directly to the DIAU for a new license, and pay a non-refundable re-application fee of $50 and any other license fees as described in "Re-licensing for DDP Participants." Your application cannot be approved before the minimum revocation period is served, but the DMV will accept it for review up to 45 days before the revocation ends. If you are placed on probation, you must present written permission (also called, "probation clearance") from the sentencing court or your probation officer.

If your driving record contains two or more alcohol or drug-related incidents in 10 years, the DMV requires written evidence, before your application will be considered, that substance abuse treatment is not required or has been successfully completed. Contact the DIAU for a list of evaluation and treatment providers.

If your license becomes revoked for a second "Zero Tolerance Law" violation (driving after consuming alcohol, under age 21), the reapplication fee is $100, and you must pay a $125 civil penalty. You must also pay a civil penalty fee of $300 ($750, second offense) if you had refused to submit to a chemical test at the time of arrest.

Send your completed "Application For Driver License" (form MV-44, available at any motor vehicle office), and a check or money order payable to the "Commissioner of Motor Vehicles," to:

Driver Improvement Adjudication Unit Department of Motor Vehicles 6 Empire State Plaza Albany, NY 12228 Phone: (518) 474-0774

The DMV will review your driving record and determine if you meet all re-licensing requirements. You will be notified by mail whether your application is approved or denied. If your application for license is approved, you must bring it to a state or county motor vehicle office for processing. You may be required to pass qualifying tests. After your new license is issued, you must serve a six-month probationary period.

For Drivers Licensed Outside New York State:

After you complete your period of suspension or revocation, you may request the restoration of your New York State driving privilege following the completion of your period of suspension or revocation. Send a letter to the DMV Driver Improvement Adjudication Unit (DIAU) requesting restoration (address above). Your letter should include your full name and date of birth. Also enclose a check or money order of $25 for the restoration fee, payable to the "Commissioner of Motor Vehicles." You may not resume driving in New York State until the DMV notifies you, in writing, that your driving privilege has been restored.

If you have been arrested for a DWI in New York you will need to hire a New York DWI Lawyer.