No. 63. Argued March 22, 2010. decided April 29, 2010. APPEAL, by permission of the Court of Appeals, from a judgment (denominated decision and order) of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 10, 2009, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division judgment, insofar as appealed from, modified, on the law, a determination of respondent
(a) For the purposes of this section: (1) "Alcohol- or drug-related driving conviction or incident" means any of the following, not arising out of the same incident: (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs; (ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law or a finding of a refusal to submit to a chemical test under section 1194-a
(a) Intent. Section 510 of the Vehicle and Traffic Law provides that a license may be issued after revocation in the discretion of the commissioner. In exercising such discretion and in keeping with his responsibility to provide meaningful safeguards for the general public who are users of the highways, it is the purpose of the commissioner to utilize departmental driver improvement programs in order to rehabilitate problem drivers through the use of education and explanation. It is the further purpose
(a) Alcohol- or drug-related driving conviction or incident means any of the following, not arising out of the same incident: (1) a conviction of a violation of section 1192 of the Vehicle and Traffic Law; (2) a finding of a violation of section 1192-a of the Vehicle and Traffic Law; provided, however, that no such finding shall be considered after the expiration of the retention period contained in paragraph (k) of subdivision 1 of section 201 of the Vehicle and Traffic Law; (3) a conviction of
(a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she: (1) has a valid post-revocation conditional license; and (2) has demonstrated evidence of rehabilitation as required by
(a) There shall be assigned to each safety factor a negative unit as follows: Safety factor Assigned negative units over one year to three years of application within one year of application (1) for each reportable accident of record with a finding by the referee of gross negligence in the operation of a motor vehicle in a manner showing a reckless disregard for the life and property of others -5 -8 (2) for each reportable accident of record with conviction involvement or with a finding by the referee
In addition to any other tests required, an applicant for a license, other than a renewal license, shall be required to pass a road test in a vehicle appropriate to the type of license for which application is made, except that such road test requirement shall be waived: (a) if the applicant was formerly a resident of another state, the District of Columbia, Guam, Puerto Rico, the Canal Zone or a province of Canada and has become a resident of this State, and is or was, within two years prior to
The successful completion of the article 21 alcohol and drug rehabilitation program, where no intervening safety factors occurred between the date such person entered the program and the date the application for a license is made and with no subsequent incidents of operating a motor vehicle while under the influence of alcoholic beverages or drugs, shall be considered evidence of rehabilitative effort satisfactory for the purposes of this Part. Provided, however, if enrollment in the program based
Except as provided in sections 136.3, 136.4 and 136.5 of this Part, an application for a driver's license shall be approved. In addition, an application for re-licensure shall be waived under the following circumstances: (a) If the licensee holds a commercial driver's license and a conviction results in the revocation of both the commercial and non-commercial portion of his or her driver's license, the commercial portion of the driver's license shall be automatically restored after the minimum one-