Taking away the driver's license of multiple offenders, permanently
If you follow Capital Region news somewhat closely, one of the things you'll notice is how often people get arrested for multiple DWIs (we didn't have to look hard to find those). It seems to happen with depressing regularity.
Of course, this isn't just a problem in this area. Today Andrew Cuomo announced new state regulations that are aimed at keeping repeat drunk and/or drugged drivers off the road (or at least taking their licenses away). The new rules are listed after the jump. In short, they include:
+ The DMV will now be allowed to review the lifetime record of drivers who apply to have their license re-instated.
+ If the DMV determines the person has five or more alcohol or drug related driving convictions in his or her lifetime -- or a combination of three convictions and other offenses -- the DMV can permanently revoke their license. (Permanent revocation wasn't previously allowed.)
+ Allow the DMV to make sure a temporary license revocation lasts the full six months or a year. (Apparently it was possible to get a temporarily revoked license back after as little as seven weeks previously.)
The Cuomo admin says there are currently 50,000 people in the state with with valid or suspended licenses who have three or more alcohol-related convictions in their lifetimes -- and more than a third of them have been involved in crashes that killed or injured someone. It figures the new rules will permanently revoke -- or delay -- the licenses of 20,000 people this year.
Not mentioned in the announcement: treatment. Some people who get stopped for DWI just made a stupid mistake and probably won't repeat it. But others -- and we suspect a lot of the repeat offenders fall into this category -- have an addiction that needs treatment. When you show up drunk to a STOP-DWI Victim's Impact Panel, you probably have a serious problem. We're curious if there's a way to better help these people.
In other news: computers apparently can drive cars pretty well. [WSJ]
photo: Flickr user davidsonscott15 (cc)
New rules for multiple DWI offenders
From the Cuomo admin press release:
The regulations call for:
Lifetime Record Review by DMV
DMV will be able to review the lifetime record of all drivers who apply to have a license reinstated after a revocation.
Truly Permanent License Revocation for Persistently Drunk & Dangerous Drivers
After conducting a lifetime record review, DMV will deny any application for reinstatement of a license after revocation if the applicant has:
+ Five or more alcohol or drug related driving convictions in his or her lifetime or
+ Three or more alcohol or drug related driving convictions in the last 25 years plus at least one other serious driving offense during that period. A serious driving offense includes: a fatal crash, a driving-related penal law conviction, an accumulation of 20 or more points assessed for driving violations within the last 25 years, or having two or more driving convictions each worth five points or higher.
Delayed Re-Licensing, Driving Restrictions, & Interlocks for Other Drivers with Repeated Alcohol- or Drug-Related Driving Convictions
For those drivers seeking reinstatement of a license after revocation who have three or four alcohol or drug related convictions but no serious driving offense in the last 25 years, DMV will: + Deny their applications for five years beyond their statutory revocation period if the applicant's license was revoked for an alcohol or drug related offense; or two additional years if the applicant's license was revoked for a reason other than an alcohol or drug related offense;
+ Restore the applicant's license after that additional period as a "restricted" license limiting the applicant's driving to, for example, travel to and from work or medical visits; and
+ For those drivers whose revocations stem from an alcohol-related offense, require an interlock on the vehicle driven by the applicant for five years.
End the Reduction of Mandatory Suspension or Revocation Periods
Currently, repeat drunk drivers whose licenses have been revoked or suspended for six months or a year can nevertheless get their full driving privileges back in as little as seven weeks by completing DMV's Drinking Driver Program. DMV's new regulations will ensure that those drivers cannot obtain their driving privileges until their full term of suspension or revocation has ended.
____
Jim Tedisco has been pushing this issue, too. And this past spring, he and Hugh Farley proposed legislation that would permanently revoke the driving privileges not just of people convicted of multiple drunk or drugged driving offenses, but also people convicted in multiple incidents where there was serious personal injury (regardless of whether the person was under the influence):
Our measure, (A.8934A/S.6496), would permanently terminate all driving privileges of an individual convicted of a combination of three or more of the following: a conviction for DWI/DUI; actions causing an accident where there is serious personal injury to another and the person is at fault; or vehicular manslaughter.
In a press release today, Tedisco called the Cuomo admin's announcement "a good first step."
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Comments
Because permanently revoking someone's license will keep them from driving? Way to go Governor. I'm sure this will feature prominently in your presidential campaign.
... said JimBob on Sep 26, 2012 at 8:15 AM | link
The next step should be requiring people to retake their driving test once they reach the age of 65.
... said Pike on Sep 26, 2012 at 8:35 AM | link
I know it's hard for some people to accept, but... driving is a privilege, not a right.
Also... driverless cars?! well... they'll probably be texting less than the driver driven cars. ;)
... said Andy on Sep 26, 2012 at 9:09 AM | link
While I do think licenses should be revoked for bad behavior, JimBob is right that people drive without them all the time. Any ideas for solving that problem? I can't think of any that don't have unfortunate implications.
... said Sarah Rain on Sep 26, 2012 at 1:08 PM | link
One of the interesting side effects of a law like this is a significant reduction in teen drunk driving.
At 16, I moved from the US to a country well known for it's rather strong love of the drink. As a teenager, there were plenty of parties in both countries with the standard fare of drunken teenagers ranging from buzzed to puking up their shoe laces. The difference? In the US, I saw many friends drive home drunk. There, there was _always_ a designated driver. Not once did I see someone drive under the influence. The difference? The state would take away your license permanently for a drunk driving offense. Not so here in NY.
Too bad, it might have saved the lives of a few friends.
... said komradebob on Sep 27, 2012 at 10:26 AM | link
This is an exaggerated story and no one has really looked at the new rules or why they were put in place. The emergency is phony: http://albany-lawyer.blogspot.com/2012/10/new-dmv-rules-for-repeat-dwi-phony.html
And there are some scenarios that are disturbing: http://albany-lawyer.blogspot.com/2012/10/ny-dwi-repeat-offenders-new-dmv-rules.html
This is not about punishing someone who gets a new DWI. It's about punishing people for their old DWIs, when they've already been punished.
... said Albany Lawyer on Oct 6, 2012 at 9:50 AM | link
Driving is absolutely a privilege, not a right, and although it is my opinion that all rights come with responsibilities, such responsibilities are even more applicable with a privilege. If you abuse the privilege by endangering others on the road by being impaired (alcohol or other drugs), your privileges should be altered. Repeating such abuses of the privilege should lead to removal of that privilege altogether. Yes, some will drive without a license, that's true. That, however, is NO REASON not to crack down on these dangerous drivers. New York has for too long, been way too lenient on repeat offenders. Time to grow a set and pull their licenses for good.
... said Deb Zimmerman on Oct 16, 2012 at 11:32 AM | link
Its Double Jeopardy for some who made a long ago mistake and no longer drink let alone drink and drive... this is a life sentence
... said guy on Feb 20, 2013 at 8:11 PM | link
These rules were made by the governor circumventing legislature. They were made strictly for his own politcal gain. People who have all ready served their sentences have had their applications for new licenses held until Governor Cuomo could announce his new rules. THEN they were retroactively applied to all these people who had all ready served their sentences. Rehabilation, interlock devices, restricted licenses maybe...but permanent revocation. How does somebody in upstate NY get to work, for instance? People will drive if they have to or they will go on welfare.
... said jody on May 21, 2013 at 1:33 PM | link
Five. You get five chances to screw up so fantastically that you actually get caught (because really, what are the odds), and actually get convicted (still lower) instead of pleading to some non-related charge. Five chances before we say you can have your license to drive permanently taken away. Sorry, this is bullsh*t.
Our attitudes toward drinking and driving have barely changed in the thirty years since two of my friends, a bright pair of siblings who would have made the world a better place, were plowed into by a drunken truck driver in the middle of the day.
How about once? That's what I think would be fair. You get to screw up once. One more time and you're done. Why is your right to take someone else's life greater than their right to keep it?
... said Carl on May 21, 2013 at 7:27 PM | link