I got a DWI when I was 17 and only had a learners permit, when I was going to court for the matter they advised me not to get a licence during the proceedings as it mite complicate things, so I did not. After 1 year of being in court I plead to a DUAI and it was decided that my licence would be suspended for 90 days, along with a fine, a mandated impact panel, and a recommendation to join the DDP program. I went to the DMV to register for the impact panel and learn more about my suspension since I was confused what exactly the suspension meant since I only had a permit, the DMV tells me that its not a 90 suspension but a 1 year revocation because I only had a permit at the time of the indecent, I was shocked since the courts told me that it would be 90 days until I could go take a road test and get a drivers licence. I called the court they said DMV had the final rule on giving out licences and they couldn't do anything further for me. This is where my problem lies, I was told in court by the judge and my public defender that it would only be 90 days, if I knew that were not true I would not have taken the peel agreement. I've had to quit my job and drop out of school for the upcoming semester because I've got no way to get there, I've told the courts and DMV this and they don't seam to care, all I'm told is I've got to wait until aug 2011.
2 Answers from Attorneys
The DMV is correct. They have the authority to override a court's improper license sanction. See VTL 1193(2)(b)(10) which states "Where a court fails to impose, or incorrectly imposes, a suspension or revocation required by this subdivision, the commissioner shall, upon receipt of a certificate of conviction filed pursuant to section five hundred fourteen of this chapter, impose such mandated suspension or revocation, which shall supersede any such order which the court may have imposed."
And from you told me, DMV is correct. I believe the relevant statute is which concerns the license sanction for one under 21 years of age VTL 1193(2)(b)(6):
"Persons under the age of twenty-one. One year, where the holder is convicted of or adjudicated a youthful offender for a violation of any subdivision of section eleven hundred ninety-two of this article, or is convicted of or receives a youthful offender or other juvenile adjudication for an offense consisting of operating a motor vehicle under the influence of intoxicating liquor where the conviction, or youthful offender or other juvenile adjudication was had outside this state, where such person was under the age of twenty-one at the time of commission of such violation."
I do not believe you are eligible to have the revocation period set aside by completing the DDP (See VTL 1193(2)(b)(9) which states: "Effect of rehabilitation program. No period of revocation arising out of subparagraph four, five, six or seven of this paragraph may be set aside by the commissioner for the reason that such person was a participant in the alcohol and drug rehabilitation program set forth in section eleven hundred ninety-six of this chapter."
I believe you're only option is to move to vacate the plea under CPL 440.10 and start over.
You should contact the public defender but they probably can't do a thing because DMV does control the license and probably when you were in court no one remembered to check on status of license at time of arrest. You probably could not have had a better deal than DWAI, as they can't dismiss the alcohol related charges entirely. Did you join the DDP program? If not you should as you can probably get a conditional driver's license that lets you drive to work and on other occasions. I think you can still sign up for DDP. No idea why they did not tell you.
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