N.Y. Vehicle & Traffic Law § 1196: Alcohol and drug rehabilitation program

§ 1196. Alcohol and drug rehabilitation program. 1. Program

establishment. There is hereby established an alcohol and drug

rehabilitation program within the department of motor vehicles. The

commissioner shall establish, by regulation, the instructional and

rehabilitative aspects of the program. Such program shall consist of at

least fifteen hours and include, but need not be limited to, classroom

instruction in areas deemed suitable by the commissioner. No person

shall be required to attend or participate in such program or any aspect

thereof for a period exceeding eight months except upon the

recommendation of the department of mental hygiene or appropriate health

officials administering the program on behalf of a municipality.

2. Curriculum. The form, content and method of presentation of the

various aspects of such program shall be established by the

commissioner. In the development of the form, curriculum and content of

such program, the commissioner may consult with the commissioner of

mental health, the director of the division of alcoholism and alcohol

abuse, the director of the division of substance abuse services and any

other state department or agency and request and receive assistance from

them. The commissioner is also authorized to develop more than one

curriculum and course content for such program in order to meet the

varying rehabilitative needs of the participants.

3. Where available. A course in such program shall be available in at

least every county in the state, except where the commissioner

determines that there is not a sufficient number of alcohol or

drug-related traffic offenses in a county to mandate the establishment

of said course, and that provisions be made for the residents of said

county to attend a course in another county where a course exists.

4. Eligibility. Participation in the program shall be limited to those

persons convicted of alcohol or drug-related traffic offenses or persons

who have been adjudicated youthful offenders for alcohol or drug-related

traffic offenses, or persons found to have been operating a motor

vehicle after having consumed alcohol in violation of section eleven

hundred ninety-two-a of this article, who choose to participate and who

satisfy the criteria and meet the requirements for participation as

established by this section and the regulations promulgated thereunder;

provided, however, in the exercise of discretion, the judge imposing

sentence may prohibit the defendant from enrolling in such program. The

commissioner or deputy may exercise discretion, to reject any person

from participation referred to such program and nothing herein contained

shall be construed as creating a right to be included in any course or

program established under this section. In addition, no person shall be

permitted to take part in such program if, during the five years

immediately preceding commission of an alcohol or drug-related traffic

offense or a finding of a violation of section eleven hundred

ninety-two-a of this article, such person has participated in a program

established pursuant to this article or been convicted of a violation of

any subdivision of section eleven hundred ninety-two of this article

other than a violation committed prior to November first, nineteen

hundred eighty-eight, for which such person did not participate in such

program. In the exercise of discretion, the commissioner or a deputy

shall have the right to expel any participant from the program who fails

to satisfy the requirements for participation in such program or who

fails to satisfactorily participate in or attend any aspect of such

program. Notwithstanding any contrary provisions of this chapter,

satisfactory participation in and completion of a course in such program

shall result in the termination of any sentence of imprisonment that may

have been imposed by reason of a conviction therefor; provided, however,

that nothing contained in this section shall delay the commencement of

such sentence.

5. Effect of completion. Except as provided in subparagraph nine of

paragraph (b) of subdivision two of section eleven hundred ninety-three

or in subparagraph three of paragraph (d) of subdivision two of section

eleven hundred ninety-four of this article, upon successful completion

of a course in such program as certified by its administrator, a

participant may apply to the commissioner on a form provided for that

purpose, for the termination of the suspension or revocation order

issued as a result of the participant's conviction which caused the

participation in such course. In the exercise of discretion, upon

receipt of such application, and upon payment of any civil penalties for

which the applicant may be liable, the commissioner is authorized to

terminate such order or orders and return the participant's license or

reinstate the privilege of operating a motor vehicle in this state.

However, the commissioner shall not issue any new license nor restore

any license where said issuance of restoral is prohibited by subdivision

two of section eleven hundred ninety-three of this article.

6. Fees. The commissioner shall establish a schedule of fees to be

paid by or on behalf of each participant in the program, and may, from

time to time, modify same. Such fees shall defray the ongoing expenses

of the program. Provided, however, that pursuant to an agreement with

the department a municipality, department thereof, or other agency may

conduct a course in such program with all or part of the expense of such

course and program being borne by such municipality, department or

agency. In no event shall such fee be refundable, either for reasons of

the participant's withdrawal or expulsion from such program or

otherwise.

7. Conditional license. (a) Notwithstanding any inconsistent provision

of this chapter, participants in the program, except those penalized

under paragraph (d) of subdivision one of section eleven hundred

ninety-three of this article for any violation of subdivision two,

three, or four of section eleven hundred ninety-two of this article,

may, in the commissioner's discretion, be issued a conditional driver's

license, or if the holder of a license issued by another jurisdiction

valid for operation in this state, a conditional privilege of operating

a motor vehicle in this state. Such a conditional license or privilege

shall be valid only for use, by the holder thereof, (1) enroute to and

from the holder's place of employment, (2) if the holder's employment

requires the operation of a motor vehicle then during the hours thereof,

(3) enroute to and from a class or an activity which is an authorized

part of the alcohol and drug rehabilitation program and at which his

attendance is required, (4) enroute to and from a class or course at an

accredited school, college or university or at a state approved

institution of vocational or technical training, (5) to or from court

ordered probation activities, (6) to and from a motor vehicle office for

the transaction of business relating to such license or program, (7) for

a three hour consecutive daytime period, chosen by the administrators of

the program, on a day during which the participant is not engaged in

usual employment or vocation, (8) enroute to and from a medical

examination or treatment as part of a necessary medical treatment for

such participant or member of the participant's household, as evidenced

by a written statement to that effect from a licensed medical

practitioner, and (9) enroute to and from a place, including a school,

at which a child or children of the holder are cared for on a regular

basis and which is necessary for the holder to maintain such holder's

employment or enrollment at an accredited school, college or university

or at a state approved institution of vocational or technical training.

Such license or privilege shall remain in effect during the term of the

suspension or revocation of the participant's license or privilege

unless earlier revoked by the commissioner.

(b) The conditional license or privilege described in paragraph (a) of

this subdivision shall be in a form prescribed by the commissioner, and

shall have indicated thereon the conditions imposed by such paragraph.

(c) Upon receipt of a conditional license issued pursuant to this

section, any order issued by a judge, justice or magistrate pursuant to

paragraph (c) of subdivision two of section eleven hundred ninety-three

of this article shall be surrendered to the department.

(d) The commissioner shall require applicants for a conditional

license to pay a fee of seventy-five dollars for processing costs. Such

fees assessed under this subdivision shall be paid to the commissioner

for deposit to the general fund and shall be in addition to any fees

established by the commissioner pursuant to subdivision six of this

section to defray the costs of the alcohol and drug rehabilitation

program.

(e) The conditional license or privileges described in this

subdivision may be revoked by the commissioner, for sufficient cause

including, but not limited to, failure to register in the program,

failure to attend or satisfactorily participate in the sessions,

conviction of any traffic infraction other than one involving parking,

stopping or standing or conviction of any alcohol or drug-related

traffic offense, misdemeanor or felony. In addition, the commissioner

shall have the right, after a hearing, to revoke the conditional license

or privilege upon receiving notification or evidence that the offender

is not attempting in good faith to accept rehabilitation. In the event

of such revocation, the fee described in subdivision six of this section

shall not be refunded.

(f) It shall be a traffic infraction for the holder of a conditional

license or privilege to operate a motor vehicle upon a public highway

for any use other than those authorized pursuant to paragraph (a) of

this subdivision. When a person is convicted of this offense, the

sentence of the court must be a fine of not less than two hundred

dollars nor more than five hundred dollars or a term of imprisonment of

not more than fifteen days or both such fine and imprisonment.

Additionally, the conditional license or privileges described in this

subdivision shall be revoked by the commissioner upon receiving

notification from the court that the holder thereof has been convicted

of this offense.

(g) Notwithstanding anything to the contrary contained in a

certificate of relief from disabilities or a certificate of good conduct

issued pursuant to article twenty-three of the correction law, any

conditional license or privilege issued to a person convicted of a

violation of any subdivision of section eleven hundred ninety-two of

this article shall not be valid for the operation of any commercial

motor vehicle. In addition, no such conditional license or privilege

shall be valid for the operation of a taxicab as defined in this

chapter.

(h) Notwithstanding any inconsistent provision of this chapter, the

conditional license described in this subdivision may, pursuant to

regulations established by the commissioner, be issued to a person whose

license has been suspended pending prosecution pursuant to subparagraph

seven of paragraph (e) of subdivision two of section eleven hundred

ninety-three of this article.