Pluto is no longer a Planet

Well one thing is always for certain in an uncertain world, things are constantly changing. Yes DWI law and the New York DMV (Department of Motor Vehicles) are dynamic entities. Just today I was surprised, and not in a Happy Birthday! way. 

I represent many people just passing through New York State. I got phone calls from three clients. They are from PA, NJ, and CA. The New York DMV has decided to require that out of state (foreign) license holders to provide a copy of their Home State's driving abstracts (records) prior to obtaining a pre-conviction conditional license privilege in New York State. Now why wasn't I told? Why no advance Notice of this to the general public and especially the legal community?

What impact will this have you ask? Well not much for those from NJ who can get an online abstract within usually a few days. Well for those with a license from say California, they will have to mail (snail mail) a request to get a copy of their driving record, and that particular state with the Terminator in charge (no online requests or fax requests thank you) it takes six to eight weeks. So potentially no driving privileges in New York for SIX to EIGHT weeks, that could be harsh if you have to travel for work or have to go to school or have to shuttle your kids to childcare.

I am in the process of asking a Judge to consider extending the hardship driving privilege (normally a thirty day bridge privilege) with cases such as this. So what to do if you are from a foreign jurisdiction (any state or place other than NY), and facing a New York DWI charge, get a copy of your home state's driving record immediately. 

It could mean the difference between being in limbo, and having at the minimum a conditional privilege to drive while your case is pending and BTW Pluto will always be a planet to me.