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COMMISSIONER OF MOTOR VEHICLES HAS THE POWER TO DENY RELICENSING TO DRIVER CONVICTED OF DWI WHO HAD TWO SIX POINT SPEEDING TICKETS DURING THE LOOK-BACK PERIOD.

The Third Department, over a dissent, determined the Commissioner of Motor Vehicles, pursuant to the new DWI relicensing regulations, properly refused to relicense petitioner, who had been convicted of three alcohol-related offenses during ten years, based upon two six point speeding tickets during the look-back period. The question presented was whether two five point speeding tickets could properly constitute a “serious driving offense” justifying a denial of relicensing. The majority concluded the relevant regulation was a valid exercise of the Commissioner’s powers. The court noted that the Commissioner has the discretion to grant a license under unusual, extenuating and compelling circumstances, but petitioner did not make an application under that provision:

In the broadest sense, 15 NYCRR part 136 was promulgated to “establish[] criteria to identify individual problem drivers,” that is, applicants for new licenses that “ha[ve] had a series of convictions, incidents and/or accidents . . . which in the judgment of the [C]ommissioner . . . upon review of the applicant’s entire driving history, establishes that the person would be an unusual and immediate risk upon the highways” (15 NYCRR 136.1 [a], [b] [1]). In developing these regulations, the Commissioner considered empirical data, which indicated that drivers with three or more alcohol- or drug-related driving convictions are involved in a disproportionate number of motor vehicle accidents. Accordingly, the Commissioner rationally determined that such drivers “pose the highest risk to the general population” (NY Reg, Mar. 13, 2013 at 43) and, thus, should not be granted new, unrestricted licenses until after a waiting period of several years (see 15 NYCRR 136.5 [b] [3], [4]). With that in mind, we cannot consider the Commissioner’s decision to subject such recidivist impaired or intoxicated drivers to a longer — or even a presumptively permanent — ban on relicensure to be arbitrary when, like petitioner, such drivers may independently qualify as “problem drivers” because of the presence of speeding or other violations on their driving records (see 15 NYCRR 136.1 [b] [1]; 136.5 [a] [2]; [b] [2]).

As for petitioner’s claim that her two six-point speeding violations during the 25-year look-back period are not serious enough to be expressly defined as a “serious driving offense” (see 15 NYCRR [a] [2] [iii]), we defer to the Commissioner’s determination, as it was made pursuant to her discretionary authority (see Vehicle and Traffic Law § 510 [5], [6]), and it was within the area of expertise of the agency she heads … . Matter of Matsen v New York State Dept. of Motor Vehs., 2015 NY Slip Op 09159, 3rd Dept 12-10-15

ADMINISTRATIVE LAW (DRIVER’S LICENSES, COMMISSIONER HAS POWER TO DENY RELICENSING A DRIVER CONVICTED OF DWI BASED UPON TWO FIVE-POINT SPEEDING TICKETS)/DRIVER’S LICENSES (RELICENSING OF DRIVER CONVICTED OF DWI CAN BE DENIED BASED UPON TWO FIVE POINT SPEEDING TICKETS)/SPEEDING TICKETS (TWO FIVE POINT SPEEDS CONSTITUTE A SERIOUS DRIVING OFFENSE FOR WHICH RELICENSING CAN BE DENIED TO A DRIVER CONVICTED OF DWI)/RELICENSING OF DRIVERS CONVICTED OF DWI (CAN BE DENIED BASED UPON TWO FIVE POINT SPEEDING TICKETS)

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