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S83Senate2009-2010 Session

Relates to when a person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the first degree

Sponsor Dale M. VolkerSD-59Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Dale M. Volker

Senator · Senate District 59

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree

Purpose

This bill would correct an anomaly in the current statute dealing with drunk driving following a license suspension and the subsequent granting of a conditional license pursuant to the Vehicle & Traffic Law.

Summary of provisions

The bill amends Vehicle and Traffic Law Subdivision 3 of Section 511 in order to add to the crime of aggravated unlicensed operation of a motor vehicle, a class E felony, operating a motor vehicle while under the influence of alcohol or a drug while driving outside the conditions imposed on a conditional license.

Existing law

Under current law it is a class E felony for a person to operate a motor vehicle knowing that his license is suspended, revoked or otherwise withdrawn and to also operate a motor vehicle while under the influence of alcohol or drugs.

A person who has had his license suspended can apply for and receive a conditional license for the sole purpose of driving to and from work. Violation of the conditions imposed is a traffic infraction.

Justification

The present statutory interpretation of the conditional license provisions of the Vehicle and Traffic Law are at odds with the overall intent of New York's DWI Laws. The courts have interpreted the current provisions of law as prohibiting a person holding a conditional license, which is only to be used in traveling to and from work. from being charged with a felony if that person, who has already had his regular license suspended or revoked because of previous DWI charges, is found to be driving while under the influence and in possession of a conditional license, even where the person is driving outside the conditions imposed by the conditional license.

It seems illogical that a person caught Driving While Intoxicated or Driving While Ability Impaired by Drugs who has been issued a conditional license pending prosecution or who has a conditional license because they were just convicted of DWI/DWAI would simply be guilty of a traffic violation for operation outside the conditions of the conditional license. Having a conditional license is a privilege granted by the state to allow continued employment and attendance at a drunk driving program and counseling. It should not be a shield where the individual continues to drink and drive.

Legislative history

2008: S.7970.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Ninety days after it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.