The state’s top court has upheld a policy
implemented by Gov. Andrew Cuomo’s administration that allows the state
Department of Motor Vehicles to permanently revoke driving privileges for
repeat drunk drivers.
In a 5-0 decision, the state Court of Appeals upheld
Cuomo administration rules, put in place in 2012, that take steps going
beyond state law governing relicensing procedures for drivers with multiple DWI
convictions.
Under
state Vehicle and Traffic Law, a driver’s license can be revoked if he or she
has three drunk-driving convictions in the span of four years, or four
convictions in eight years.
The
administration added new rules permanently revoking the license of those
convicted of five or more alcohol- or drug-related driving offenses in his or
her lifetime, or three or more convictions plus at least one other serious
driving offense (such as a fatal accident) in the past 25 years.
Under
the regulations, those with three or four convictions or incidents within 25
years would have their license applications denied for five years beyond the
statutory revocation period. Should a new license be issued, the driver’s
license would be restricted, limiting him or her to travel to and from, for
example, work and medical appointments. The driver would also be required to
use an ignition interlock device.
In its
Tuesday decision, the court found that the DMV commissioner, who has wide
discretion in relicensing drivers under state law, has the authority to put
forth regulations with respect to licensing procedures.
Source: timesunion.com
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