Monday, May 15, 2017

Top court upholds strict drunk driving rules

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
Location: United States

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