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

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