N.Y. Comp. Codes R. & Regs. tit. 15 § 134.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 134.4 - Initial procedures by the department of motor vehicles upon receipt of a certificate of conviction for a violation of section 1192 of the vehicle and traffic law

(a) Certificate of conviction indicates prohibition from enrollment by the judge. Upon receipt of a certificate of conviction for a violation of section 1192 of the Vehicle and Traffic Law when such certificate or an accompanying letter indicates that the convicting judge has prohibited the defendant from entering a rehabilitation program, the department will issue a confirming revocation or suspension order when a revocation or suspension has been imposed by the court, or, will issue an appropriate suspension or revocation order when such action has not been taken by the court. No further action with respect to rehabilitation programs will be taken by the department.

(b) Certificate of conviction does not indicate prohibition from enrollment by the judge. Upon receipt of a certificate of conviction for a violation of section 1192 of the Vehicle and Traffic Law when such certificate or an accompanying letter does not indicate a prohibition from enrollment by the judge, the department will make a review of the defendant's driving record.

(1) Unless such review indicates that the defendant is ineligible to enroll in a rehabilitation program based upon criteria set forth in section 134.2 of this Part, the department will issue the appropriate suspension or revocation order against the defendant's driver's license, if the court has not already done so and will notify the defendant that he is eligible for enrollment in a rehabilitation program. Such notification will include instructions for enrollment in a rehabilitation program. The suspension or revocation order will indicate the effective date of the order. Unless such review indicates that the defendant is ineligible to enroll in a rehabilitation program in accordance with the provisions set forth in section 134.2 of this Part, the department will also apply the criteria established in section 134.7 of this Part to determine whether the defendant is eligible for the issuance of a conditional license. Unless such review indicates that the defendant is ineligible for the issuance of a conditional license, the department will also notify the defendant that he may be eligible for such license. Such notification will include instructions for making application for the conditional license.

(2) If a review of the defendant's driving record indicates that the defendant is ineligible for enrollment in a rehabilitation program as set forth in section 134.2 of this Part, only the appropriate revocation or suspension order will be issued to the defendant. No further action with respect to rehabilitation programs will be taken by the department.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.4