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Permanent Revocation Of Driver’s Licenses – Part I

criminal defense lawyersAt the request of New York Governor, Andrew Cuomo, the New York State Department of Motor Vehicles (DMV) has issued new regulations that will require the permanent revocation of driving privileges in the State of New York. In addition, the Department of Motor Vehicles can also set up a re-licensing procedure that takes a very long time for an individual to receive his or her driver’s license back. The new re-licensing procedures may have restrictions relating to drug and alcohol driving convictions. New York’s re-licensing policy is among the strictest in the country.

Changes In The Law

In the past, an individual convicted of driving while impaired by alcohol or driving under the influence of alcohol would lose his or her license from 90 days to six months. At the most, the loss of the license would be for one year. These individuals were eligible at the end of their sentence to reapply for their driving privileges from the DMV in the State of New York. In the past the DMV made a determination and, if they were eligible, their license privileges would be restored.

Lifetime Review By The Department Of Motor Vehicles

The new driving regulations give the Department of Motor Vehicles the authority to conduct a lifetime review of all drivers who want their licenses reinstated. After the review, the DMV will render a determination as to whether these drivers are eligible to have their driving privileges to reinstated.

The new regulations give the DMV the authority to conduct lifetime reviews anytime a driver seeks to have a driver’s license reinstated after a revocation. In the event the DMV denies the reinstatement, the driver will end up with either a lifetime revocation of his or her driver’s license or a delay in the reinstatement of driving privileges for a period of five more years beyond the original period of the revocation. Should the DMV find five or more drug or alcohol related driving convictions during the driver’s lifetime all applications for reinstatement of driving privileges can be forever denied. Should the DMV find three or more drug or alcohol related convictions during the last 25 years plus one other serious driving infraction during the same period, the DMV can also deny reinstatement of driving privileges for the individuals lifetime.assistance in criminal matters

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