Senate Bill S83

                                 BILL NUMBER:  S83

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to aggravated unlicensed operation of a motor vehicle in the
first degree

 PURPOSE :  This bill would correct an anomaly in the current statute
dealing with drunk driving following a license suspension and the
subsequent granting of a conditional license pursuant to the Vehicle &
Traffic Law.

 SUMMARY OF PROVISIONS :  The bill amends Vehicle and Traffic Law
Subdivision 3 of Section 511 in order to add to the crime of
aggravated unlicensed operation of a motor vehicle, a class E felony,
operating a motor vehicle while under the influence of alcohol or a
drug while driving outside the conditions imposed on a conditional
license.

 EXISTING LAW :  Under current law it is a class E felony for a person
to operate a motor vehicle knowing that his license is suspended,
revoked or otherwise withdrawn and to also operate a motor vehicle
while under the influence of alcohol or drugs.

A person who has had his license suspended can apply for and receive a
conditional license for the sole purpose of driving to and from work.
Violation of the conditions imposed is a traffic infraction.
              

 JUSTIFICATION :  The present statutory interpretation of the
conditional license provisions of the Vehicle and Traffic Law are at
odds with the overall intent of New York's DWI Laws. The courts have
interpreted the current provisions of law as prohibiting a person
holding a conditional license, which is only to be used in traveling
to and from work. from being charged with a felony if that person, who
has already had his regular license suspended or revoked because of
previous DWI charges, is found to be driving while under the influence
and in possession of a conditional license, even where the person is
driving outside the conditions imposed by the conditional license.

It seems illogical that a person caught Driving While Intoxicated or
Driving While Ability Impaired by Drugs who has been issued a
conditional license pending prosecution or who has a conditional
license because they were just convicted of DWI/DWAI would simply be
guilty of a traffic violation for operation outside the conditions of
the conditional license. Having a conditional license is a privilege
granted by the state to allow continued employment and attendance at a
drunk driving program and counseling. It should not be a shield where
the individual continues to drink and drive.

 LEGISLATIVE HISTORY :  2008: S.7970.

 FISCAL IMPLICATIONS :  None.

 LOCAL FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :  Ninety days after it shall become a law.