Relates to the restoration of a driver's license in certain cases

BILL NUMBER:S5216

Title of bill

An act to amend the vehicle and traffic law, in relation to the restoration of a driver's license in certain cases

Purpose of the bill

To clarify and mandate that, when a person has been convicted of an alcohol/drug-related driving offense resulting in a license suspension or revocation, such person's driver's license may not be restored by the Department of Motor Vehicles unless and until all conditions of the sentence upon conviction have been completed.

Summary of specific provisions

This bill amends § 510 (license suspensions and revocations generally) and § 1193 (criminal and administrative penalties for alcohol-related offenses)of the Vehicle and Traffic Law (VTL), by adding mirror provisions that require that no license or privilege to operate a motor vehicle, which has been suspended or revoked for the commission of an alcohol/drug-related driving offense, may be restored unless the offender has demonstrated that he or she has complied with and completed all statutory requirements imposed under Article 31 of the VTL or by the court.

The Commissioner of Motor Vehicles, in consultation with the Office of Court Administration, will promulgate any necessary rules and develop any necessary forms to carry out the relicensing process.

Justification

Over the years, the Legislature has enacted several important provisions aimed at those who commit alcohol/drug-related driving. These provisions are directed at the full range of offenders (from the first offender through the habitual offender), and include such things as attendance at and completion of the drinking-driver program (§ 1196), installation and use of the ignition interlock device (§ 1198), and alcohol or drug assessment and treatment ( 1198-a). Additionally, the sentencing court will impose the mandatory fines and surcharges as well as certain discretionary conditions, such as participation in a Victim's Impact Panel, the payment of restitution, and/or community service.

As the number and scope of these requirements and conditions have grown, it has become increasingly difficult for the Department of Motor Vehicles to determine whether an applicant for relicensing has fulfilled his or her obligations imposed as part of the sentence upon conviction. There are numerous examples of offenders who are relicensed before they have completed their conditions of sentence, making a mockery of the statutory and judicial authorities surrounding the sentence.

This measure would authorize the Commissioner of Motor Vehicles to establish the means by which offenders must demonstrate that they have completed all of the conditions of sentence imposed by law before a license can be restored.

Prior legislative history

New Bill

Fiscal implications

Minimal to none. Once the methodology for demonstrating compliance is established, the burden will be on the offenders to meet those terms.

Effective date

November 1, provided the promulgation of rules to effectuate this statute could commence immediately upon the bill becoming law.