New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter J - Driver Rehabilitation Programs
Part 134 - Alcohol And Drug Rehabilitation Programs
Section 134.7 - Criteria for issuance of a conditional license
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 134.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The issuance of a conditional license shall be denied to any person who enrolls in a program if a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply.
(1) The person has been
convicted of homicide, assault, criminal negligence or criminally negligent
homicide arising out of operation of a motor vehicle.
(2) The conviction, adjudication or finding
upon which eligibility for a rehabilitation program is based involved a fatal
accident.
(3) The person does not
have a currently valid New York State driver's license. This paragraph shall
not apply to a person whose New York State driver's license has expired, but is
still renewable, nor to a person who would have a currently valid New York
State driver's license except for the revocation or suspension which resulted
from the conviction, adjudication or finding upon which his eligibility for the
rehabilitation program is based, nor to a person who would have a currently
valid New York State driver's license except for a suspension or revocation
which resulted from a chemical test refusal arising out of the same incident as
such conviction, adjudication or finding of a violation of section
1192-a of the Vehicle and Traffic Law
section.
(4) The person has been
convicted of an offense arising from the same event which resulted in the
current alcohol-related conviction, adjudication or finding which conviction
would, aside from the alcohol-related conviction, adjudication or finding
result in mandatory revocation or suspension of the person's driver's
license.
(5) The person has had two
or more revocations and/or suspensions of his driver's license, other than the
revocation or suspension upon which his eligibility for the rehabilitation
program is based within the last three years. This subdivision shall not apply
to suspensions which have been terminated by performance of an act by the
person, nor to a suspension or revocation resulting from a chemical test
refusal, if the person had been convicted of a violation of section
1192 of the Vehicle and Traffic Law or
found to be in violation of section 1192-a of such law arising out of the same
incident.
(6) The person has been
convicted more than once of reckless driving within the last three
years.
(7) The person has had a
series of convictions, incidents and/or accidents or has a medical or mental
condition, which in the judgment of the commissioner or his designated agent
tends to establish that the person would be an unusual and immediate risk upon
the highway.
(8) The person has
been penalized under section
1193(1)(d) of the Vehicle
and Traffic Law for any violation of subdivision 2, 2-a, 3, 4, or 4-a of
section 1192 of such law.
(9) The
person is reentering the rehabilitation program, as provided in section
134.10(c)
of this Part, for a second or subsequent time.
(10) Repealed
(11)
(i)
The person has three or more alcohol- or drug-related driving convictions or
incidents within the last 25 years. For the purposes of this paragraph, a
conviction for a violation of section
1192 of the Vehicle and Traffic Law, and/or
a finding of a violation of section 1192-a of such law and/or a finding of
refusal to submit to a chemical test under section 1194 of such law arising out
of the same incident shall only be counted as one conviction or incident. The
date of the violation or incident resulting in a conviction or a finding as
described herein shall be used to determine whether three or more convictions
or incidents occurred within a 25-year period.
(ii) For the purposes of this paragraph, when
determining eligibility for a conditional license issued pending prosecution
pursuant to section
134.18
of this Part, the term incident shall include the arrest that resulted in the
issuance of the suspension pending prosecution.
(12) The person was the holder of a limited
DJ or limited MJ license at the time of the violation which resulted in the
suspension or revocation.
(13) The
person, during the five years preceding the commission of the alcohol or drug-
related offense or a finding of a violation of section
1192-a of the Vehicle and Traffic Law,
participated in the alcohol and drug rehabilitation program or has been
convicted of a violation of any subdivision of section 1192 of such
law.
(b) If after a person is enrolled in a rehabilitation program and has been issued a conditional license, but, prior to the reissuance of an unconditional license, information is received by the department which indicates that such person was not eligible for a conditional license his conditional license will be revoked.
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