Court battle over New York's "dangerous driver" status continues

April 12, 2014

Court battle over New York's "dangerous driver" status continues

Article provided by Adler & Karliner
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New York's Department of Motor Vehicles (DMV) is facing courtroom battles over a regulation put in place in 2012. The DMV is arguing that it has the power to enact a licensing requirement designed to keep driver's licenses out of the hands of "persistently dangerous drivers." Those who fall within this classification will never be able to receive a driver's license in New York. The requirement allows the DMV to deny issuing a license to those with certain driving while intoxicated or driving under the influence (DWI/DUI)convictions.

A recent report by The Daily Gazette addresses the department's move, noting a number of residents are challenging the requirement in court. Critics of the regulation argue the department is overstepping its role.

Additional penalties also apply to DWIs in New York

The "dangerous driver" designation is just one penalty that can be connected to a DWI/DUI conviction in New York. Penalties associated with DWI convictions in this state are steep. In fact, Governor Andrew M. Cuomo noted in the press release which outlined the above mentioned regulation that New York has some of "toughest" penalties for those who receive DUI or DWI convictions in the nation.

These penalties can include:
-Monetary fines. A first time DWI offense can lead to a monetary fine ranging from $500 to $1,000. A second offense costs $1,000 to $5,000 and a third can range from $2,000 to $10,000.
-Imprisonment. DWI offenses can come with prison time. A first offense can lead to one year imprisonment, a second can lead to four years of jail time and a third can result in a seven year sentence.
-Loss of driving privileges. Drivers can lose their driver's licenses after receiving a DWI. The privilege can be suspended from six months to one year, depending on the details of the charges. The license can be permanently revoked if a driver has three or more convictions within ten years.

These are just a few of the penalties that can be tied to a DWI conviction. As a result, those charged with a DWI in New York should take the charges seriously. A Brooklyn DUI/DWI defense lawyer can review your case and better ensure your legal rights are protected. This can include an examination to make sure the initial stop was justified and a review of the accuracy of the Breathalyzer test as well as any other evidence used against you.