
New York DMV Violation of Rights with Regulation Section 136.5 which takes away Driving Privileges for Life


Some people get into trouble when they are young... Well in the state of NY with regulation Section 136.5 a & b the DMV can look through an entire driver history and take away the right to drive FOR LIFE!
Although this regulation can help protect the world from dangerous drivers and I would be agreeable to that it also creates hopelessness for anyone who changes their behavior, grows up and is now responsible to drive. Also the behaviors associated with alcoholism and addiction are mental illness and should someone have to pay for their mistakes of when they were young for the rest of their lives.
I do not even live in New York anymore, I live in New Hampshire. When I was younger living in NY I had several driving offences and an unpaid fee. I have been driving in New Hampshire with a clean driving record since 2006. I went to have my driver's license renewed and New York had put a suspension on my license. I paid my fee to have the suspension removed but with that new regulation they said my license is suspended indefinitely. I can not get a license in New York or any other state for that matter. I have to drive to get to work. I live in New Hampshire, there is not public transportation where I live. Yes I admit I got into trouble when I was younger but I have changed, people change and get better. We learn from our mistakes but New York wants to punish us for life. I do not agree with this and I hope you can sign this petition to remove State of NY DMV regulation Section 136.5. Here are the details of the regulations...
- The Drinking Driver Program (DDP) is now called the Impaired Driver Program (IDP). As this new name is being implemented, you may see the two names interchangeably.
New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.
- Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.
- Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.
- Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program (IDP) (previously known as Drinking Driving Program (DDP))and will be required to submit proof of rehabilitation.
Offense History
DMV Action
Five or more alcohol/drugged driving related convictions or incidents lifetime = "Persistently Dangerous Driver"
Permanent denial (subject to compelling or extenuating circumstances)
In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = "Persistently Dangerous Driver"
Permanent denial (subject to compelling or extenuating circumstances)
Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period.
Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.
Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period
Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.
Two alcohol/drugged driving related convictions or incidents
No full relicensing until end of statutory minimum revocation period, even if IDP is completed.
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