QUESTION

Do I have a case?

Asked on Jun 06th, 2013 on Criminal Law - New York
More details to this question:
I have had several dwi's in the past. My last one was in 2009. I paid my fines and served my time. Then I applied for my license again in February of 2012. While I was waiting to find out if New York State was going to accept my reapplication and reissue my license, they changed the law. It is my understanding that the law went on the books on September 25, 2012. I guess according to this new law anyone who has had an alcohol incident will have their entire driving history reviewed. If there are three or more incidents in ones history then one will not be allowed to get a drivers license in New York State ever again for the rest of one's life. In my opinion it should state that anyone who has an alcohol related incident after September 25, 2012 should have their driving history reviewed and then denied a license if necessary. To me it's like saying I broke the law before the law existed. New York State DMV has denied all my appeals. They wrote me a letter dated February 11, 2013 saying the only thing I can do now is take it to the New York State Supreme Court. Can you tell me if I have a case?
Report Abuse

1 ANSWER

Criminal Law Attorney serving Brooklyn, NY at Scott G. Cerbin, Esq., PLLC
Update Your Profile
It is unclear, at best.  A drivers license is a privilege not a right.  You would hgave to show that the decision was arbitrary and capricious.  Also, you may be out of time.  I believe its 120 days to bring an Article 78 in  Supreme Court.
Answered on Jun 20th, 2013 at 4:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters