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 134.4 - 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

Current through Register Vol. 46, No. 28, July 10, 2024
(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.