NY Veh & Traf L § 1196 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto 1196 - Alcohol and Drug Rehabilitation Program.

§ 1196. Alcohol   and   drug   rehabilitation   program.   1.  Program establishment.  There  is  hereby  established  an  alcohol   and   drug rehabilitation  program  within  the  department  of motor vehicles. The commissioner shall  establish,  by  regulation,  the  instructional  and rehabilitative  aspects of the program. Such program shall consist of at least fifteen hours and include, but need not be limited  to,  classroom instruction  in  areas  deemed  suitable  by the commissioner. No person shall be required to attend or participate in such program or any aspect thereof  for  a  period  exceeding  eight   months   except   upon   the recommendation of the department of mental hygiene or appropriate health officials administering the program on behalf of a municipality.   2.  Curriculum.  The  form,  content and method of presentation of the various  aspects  of  such  program  shall   be   established   by   the commissioner.  In the development of the form, curriculum and content of such program, the commissioner may  consult  with  the  commissioner  of mental  health,  the  director of the division of alcoholism and alcohol abuse, the director of the division of substance abuse services and  any other state department or agency and request and receive assistance from them.  The  commissioner  is  also  authorized  to develop more than one curriculum and course content for such program  in  order  to  meet  the varying rehabilitative needs of the participants.   3.  Where available. A course in such program shall be available in at least  every  county  in  the  state,  except  where  the   commissioner determines  that  there  is  not  a  sufficient  number  of  alcohol  or drug-related traffic offenses in a county to mandate  the  establishment of  said  course,  and that provisions be made for the residents of said county to attend a course in another county where a course exists.   4. Eligibility. Participation in the program shall be limited to those persons convicted of alcohol or drug-related traffic offenses or persons who have been adjudicated youthful offenders for alcohol or drug-related traffic offenses, or persons  found  to  have  been  operating  a  motor vehicle  after  having  consumed  alcohol in violation of section eleven hundred ninety-two-a of this article, who choose to participate and  who satisfy  the  criteria  and  meet  the requirements for participation as established by this section and the regulations promulgated  thereunder; provided,  however,  in  the  exercise of discretion, the judge imposing sentence may prohibit the defendant from enrolling in such program.  The commissioner  or  deputy  may  exercise discretion, to reject any person from participation referred to such program and nothing herein contained shall be construed as creating a right to be included in any  course  or program  established under this section. In addition, no person shall be permitted to take part  in  such  program  if,  during  the  five  years immediately  preceding  commission of an alcohol or drug-related traffic offense  or  a  finding  of  a  violation  of  section  eleven   hundred ninety-two-a  of this article, such person has participated in a program established pursuant to this article or been convicted of a violation of any subdivision of section eleven hundred  ninety-two  of  this  article other  than  a  violation  committed  prior  to November first, nineteen hundred eighty-eight, for which such person did not participate in  such program.  In  the  exercise  of discretion, the commissioner or a deputy shall have the right to expel any participant from the program who fails to satisfy the requirements for participation in  such  program  or  who fails  to  satisfactorily  participate  in  or attend any aspect of such program.  Notwithstanding  any  contrary  provisions  of  this  chapter, satisfactory participation in and completion of a course in such program shall result in the termination of any sentence of imprisonment that may have been imposed by reason of a conviction therefor; provided, however,  that  nothing  contained in this section shall delay the commencement of such sentence.   5.  Effect  of  completion. Except as provided in subparagraph nine of paragraph (b) of subdivision two of section eleven hundred  ninety-three or  in subparagraph three of paragraph (d) of subdivision two of section eleven hundred ninety-four of this article, upon  successful  completion of  a  course  in  such  program  as  certified  by its administrator, a participant may apply to the commissioner on a form  provided  for  that purpose,  for  the  termination  of  the  suspension or revocation order issued as a result of the  participant's  conviction  which  caused  the participation  in  such  course.  In  the  exercise  of discretion, upon receipt of such application, and upon payment of any civil penalties for which the applicant may be liable, the  commissioner  is  authorized  to terminate  such  order or orders and return the participant's license or reinstate the privilege of operating a  motor  vehicle  in  this  state. However,  the  commissioner  shall not issue any new license nor restore any license where said issuance of restoral is prohibited by subdivision two of section eleven hundred ninety-three of this article.   6. Fees. The commissioner shall establish a schedule  of  fees  to  be paid  by  or on behalf of each participant in the program, and may, from time to time, modify same. Such fees shall defray the  ongoing  expenses of  the  program.  Provided, however, that pursuant to an agreement with the department a municipality, department thereof, or other  agency  may conduct a course in such program with all or part of the expense of such course  and  program  being  borne  by  such municipality, department or agency. In no event shall such fee be refundable, either for reasons  of the   participant's   withdrawal  or  expulsion  from  such  program  or otherwise.   7. Conditional license. (a) Notwithstanding any inconsistent provision of this chapter, participants in the  program,  except  those  penalized under  paragraph  (d)  of  subdivision  one  of  section  eleven hundred ninety-three of this article  for  any  violation  of  subdivision  two, three,  or  four  of  section eleven hundred ninety-two of this article, may, in the commissioner's discretion, be issued a conditional  driver's license,  or  if  the holder of a license issued by another jurisdiction valid for operation in this state, a conditional privilege of  operating a  motor  vehicle in this state. Such a conditional license or privilege shall be valid only for use, by the holder thereof, (1) enroute  to  and from  the  holder's  place of employment, (2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof, (3) enroute to and from a class or an activity which  is  an  authorized part  of  the  alcohol  and drug rehabilitation program and at which his attendance is required, (4) enroute to and from a class or course at  an accredited  school,  college  or  university  or  at  a  state  approved institution of vocational or technical training, (5) to  or  from  court ordered probation activities, (6) to and from a motor vehicle office for the transaction of business relating to such license or program, (7) for a three hour consecutive daytime period, chosen by the administrators of the  program,  on  a  day during which the participant is not engaged in usual employment  or  vocation,  (8)  enroute  to  and  from  a  medical examination  or  treatment  as part of a necessary medical treatment for such participant or member of the participant's household, as  evidenced by   a  written  statement  to  that  effect  from  a  licensed  medical practitioner, and (9) enroute to and from a place, including  a  school, at  which  a  child or children of the holder are cared for on a regular basis and which is necessary for the holder to  maintain  such  holder's employment  or enrollment at an accredited school, college or university or at a state approved institution of vocational or technical  training.  Such  license or privilege shall remain in effect during the term of the suspension or revocation  of  the  participant's  license  or  privilege unless earlier revoked by the commissioner.  (b) The conditional license or privilege described in paragraph (a) of this  subdivision shall be in a form prescribed by the commissioner, and shall have indicated thereon the conditions imposed by such paragraph.  (c) Upon receipt of a conditional  license  issued  pursuant  to  this section,  any order issued by a judge, justice or magistrate pursuant to paragraph (c) of subdivision two of section eleven hundred  ninety-three of this article shall be surrendered to the department.  (d)  The  commissioner  shall  require  applicants  for  a conditional license to pay a fee of seventy-five dollars for processing costs.  Such fees  assessed  under this subdivision shall be paid to the commissioner for deposit to the general fund and shall be in  addition  to  any  fees established  by  the  commissioner  pursuant  to subdivision six of this section to defray the costs  of  the  alcohol  and  drug  rehabilitation program.  (e)   The   conditional   license  or  privileges  described  in  this subdivision may be revoked by the  commissioner,  for  sufficient  cause including,  but  not  limited  to,  failure  to register in the program, failure  to  attend  or  satisfactorily  participate  in  the  sessions, conviction  of  any traffic infraction other than one involving parking, stopping or standing  or  conviction  of  any  alcohol  or  drug-related traffic  offense,  misdemeanor  or felony. In addition, the commissioner shall have the right, after a hearing, to revoke the conditional license or privilege upon receiving notification or evidence that  the  offender is  not  attempting in good faith to accept rehabilitation. In the event of such revocation, the fee described in subdivision six of this section shall not be refunded.  (f) It shall be a traffic infraction for the holder of  a  conditional license  or  privilege  to operate a motor vehicle upon a public highway for any use other than those authorized pursuant  to  paragraph  (a)  of this  subdivision.  When  a  person  is  convicted  of this offense, the sentence of the court must be a  fine  of  not  less  than  two  hundred dollars  nor more than five hundred dollars or a term of imprisonment of not  more  than  fifteen  days  or  both  such  fine  and  imprisonment. Additionally,  the  conditional  license or privileges described in this subdivision  shall  be  revoked  by  the  commissioner  upon   receiving notification  from  the court that the holder thereof has been convicted of this offense.  (g)  Notwithstanding  anything  to  the  contrary   contained   in   a certificate of relief from disabilities or a certificate of good conduct issued  pursuant  to  article  twenty-three  of  the correction law, any conditional license or privilege issued  to  a  person  convicted  of  a violation  of  any  subdivision  of section eleven hundred ninety-two of this article shall not be valid for  the  operation  of  any  commercial motor  vehicle.  In  addition,  no such conditional license or privilege shall be valid for the  operation  of  a  taxicab  as  defined  in  this chapter.  (h)  Notwithstanding  any  inconsistent provision of this chapter, the conditional license described  in  this  subdivision  may,  pursuant  to regulations established by the commissioner, be issued to a person whose license  has been suspended pending prosecution pursuant to subparagraph seven of paragraph (e) of subdivision  two  of  section  eleven  hundred ninety-three of this article.