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DEFENDANT MOVED TO VACATE HIS CONVICTION BY GUILTY PLEA ON THE GROUND HE WAS NOT AWARE HE COULD PERMANENTLY LOSE HIS DRIVER LICENSE BASED ON THE PLEA; THE MOTION SHOULD NOT HAVE BEEN GRANTED; POST-REVOCATION RELICENSING IS OUTSIDE OF THE COURTS’ CONTROL (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined defendant’s motion to vacate his conviction by guilty plea should not have been granted. Defendant argued he would not have pled guilty had he realized he could permanently lose his driver license. The regulation which allowed permanent revocation of defendant’s license did not exist at the time of the plea:

The subject regulations that led to the denial of the defendant’s application to restore his driver license did not exist at the time he pleaded guilty, and the defendant failed to identify any conduct that occurred during the plea proceedings that constituted a violation of his due process rights … . “The defendant’s grievance lies with the enactment and enforcement of the new regulation, not the manner of his conviction” … .

… [T]he loss of a driver license is a collateral consequence of a plea of guilty and is not a consequence within the control of the court system … . The Supreme Court had no duty to inform the defendant of this consequence during the plea colloquy … . As the Court of Appeals stated in Matter of Acevedo v New York State Dept. of Motor Vehs. (29 NY3d at 220), “the Commissioner [of the DMV] will have exclusive authority over post-revocation relicensing, and . . . those relicensing determinations will be discretionary.” People v DiTore, 2022 NY Slip Op 05541, Second Dept 10-5-22

Practice Point: Courts have no control over post-revocation relicensing. The Department of Motor Vehicles has exclusive jurisdiction over relicensing. Here defendant’s motion to vacate his conviction by guilty plea on the ground he was not aware he could permanently lose his driver license should not have been granted.

 

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