DMV Proposes New Point System, Reapplication Procedures
The New York State Department of Motor Vehicles (DMV) has proposed amendments to 15 NYCRR Part 131 and Part 136 that, if adopted, and it is likely they will be adopted, would have significant impact on all New York drivers. The DMV's notice identifies some of those impacts, such as increasing the time frame from 18 months to 24 months for points on a license. It also would allow the Department to review a longer period of a driver's operation for when administrative action can be taken for a persistent violator. It is anticipated it will result in an increase of about 40% more of drivers being classified as persistent violators.
Additional amendments to Part 131 would establish a point system for alcohol and drug-related convictions or incidents, including chemical test refusals, and some other violations that currently have no points associated with them. Under the proposed rules, any alcohol or drug- related conviction or incident, as defined in 15 NYCRR 136.5(a)(1), would be assigned 14 points, and any conviction under Vehicle and Traffic Law 511 would be 11 points. Also, a youthful offender adjudication under VTL 1192 would be considered a "conviction or incident,”, resulting in points. Any points over 11 on a license will result in a surprise.
The proposal would also increase the number of points assigned to passing or overtaking a stopped school bus from 5 to 8.
As stated above, the proposed amendments would also allow the DMV to increase license suspensions by using a 24-month period, rather than 18 months, to determine whether a driver has accumulated a specified number of points in section 131.4.
Regarding reapplications, Section 136.6 would be amended to allow the DMV to review four years of a driver's history, increasing the time frame from three years. The amendments would also make it easier to permanently deny license reapplications. Instead of the current five or more alcohol or drug-related "convictions or incidents" required for permanent license forfeiture, the proposed maximum would be reduced to four. The amendment would also allow permanent forfeiture for any driver with at least three alcohol or drug-related convictions or incidents over a lifetime plus at least one other "serious driving offense" within a 25-year period. Other changes are sought to the regulations governing reapplication in Part 136, increasing the difficulty in obtaining a license.
The comment period for the proposed amendments expired on November 5th. Defenders whose clients face DMV as well as criminal consequences will need to bealert for possible changes that could affect plea negotiations and client outcomes. The Code of Ethics standards instruct lawyers to investigate, advise clients, and "advocate for dispositions that limit negative consequences outside a criminal sentence, and to provide well-prepared sentencing advocacy incriminal cases."
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