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History
- Referred to transportation
- 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is a class E felony for a person to operate a motor vehicle knowing that his license is suspended, revoked or otherwise withdrawn and to also operate a motor vehicle while under the influence of alcohol or drugs.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.