New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter J - Driver Rehabilitation Programs
Part 140 - Ignition Interlock
Section 140.4 - Eligibility

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 140.4

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A person shall be eligible for a post-revocation conditional license if:

(1) such person has been convicted of a violation of subdivision (2), (2-a) or (3) of section 1192 of the Vehicle and Traffic Law;

(2) such person has been sentenced to a period of probation or conditional discharge by the court;

(3) such person has been ordered by the court to install and maintain an ignition interlock device in accordance with section 1198 of the Vehicle and Traffic Law;

(4) the minimum period of license revocation required by law has expired.

(b) The commissioner shall not deny issuance of a post-revocation conditional license based solely on the number of convictions for violations of any subdivision of section 1192 of the Vehicle and Traffic Law committed by a person within the 10 years prior to application for such license.

(c) A post-revocation conditional license shall be denied to any person 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, criminally negligent homicide, aggravated vehicular assault, aggravated vehicular homicide, aggravated vehicular manslaughter, or aggravated vehicular murder arising out of the operation of a motor vehicle.

(2) The conviction upon which eligibility is based involved a fatal accident.

(3) The person has been convicted more than once of reckless driving within the last three years.

(4) 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.

(5) 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 such section.

(6) The person has had a post-revocation conditional license within the last five years.

(7) The person has other open suspension or revocation orders on their record, other than for a violation of section 1192(1), (2), (2-a), (3), (4) or (4-a) of the Vehicle and Traffic Law.

(8) The person has two convictions of a violation of section 1192(3), (4) or (4-a) of the Vehicle and Traffic Law where physical injury has resulted in both instances.

(9) The person has been convicted of an offense arising from the same event which resulted in the current alcohol-related conviction, which conviction, aside from the alcohol- related conviction, resulted in the mandatory revocation of the person's license for leaving the scene of an accident involving personal injury or death.

(10) 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 arising out of the same incident.

(11) The person was the holder of a limited DJ or limited MJ license at the time of the violation which resulted in the revocation.

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