N.Y. Comp. Codes R. & Regs. tit. 15 § 132.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 132.1 - Definitions

(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 an offense under the Penal Law for which a violation of section 1192 of the Vehicle and Traffic Law is an essential element; or

(4) a finding of refusal to submit to a chemical test under section 1194 of the Vehicle and Traffic Law.

(b) Dangerous repeat alcohol or drug offender means:

(1) any driver who, within his or her lifetime, has five or more alcohol- or drug-related driving convictions or incidents in any combination; or

(2) any driver who, during the 25 year look back period, has three or four alcohol- or drug-related driving convictions or incidents in any combination and, in addition, has one or more serious driving offenses during the 25 year look back period.

(c) High-point driving violation means any violation for which five or more points are assessed on a violator's driving record pursuant to section 131.3 of this Title.

(d) Serious driving offense means:

(1) a fatal accident;

(2) a driving-related Penal Law conviction;

(3) conviction of two or more high-point driving violations, other than the violation that forms the basis for the record review under section 132.2 of this Part; or

(4) 20 or more points from any violations, other than the violation that forms the basis for the record review under section 132.2 of this Part.

(e) 25 year look back period means the period commencing on the date that is 25 years before the date of the commission of a high-point driving violation and ending on and including the date of the commission of such high-point driving violation.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 132.1