Article 78 revoked driver's license appeal granted
Matter of David Feder v New York State Department of Motor Vehicles
Petitioner brought about this Article 78 proceeding to review a determination of the New York State Department of Motor Vehicles (DMV) which revoked his driver’s license pursuant to Vehicle and Traffic Law §510.2, imposed a driver’s responsibility fine, and found him ineligible for a restricted use license. The New York State DMV then appealed a decision of the Supreme Court which granted petitioner’s appeal and annulled the DMV’s determination.
Petitioner was issued speeding tickets in August 2005, February 2006, and July 2006. In November 2007, petitioner pleaded guilty to the August 2005 speeding ticket and the following day the DMV revoked his driver’s license for at least 6 months on the grounds that petitioner had been convicted of 3 speeding violations within 18 months. The DMV also informed petitioner that he was ineligible for a restricted use license since he was already issued one within the past 3 years.
When petitioner was convicted of the August 2005 speeding ticket in November 2007, he had not yet been convicted of the other two violations and therefore had not been convicted of 3 speeding violations within an 18 month period. Thus, the DMV’s determination did not have a rational basis and the penalty imposed was an abuse of discretion.
Accordingly, the Supreme Court affirmed the judgment granting petitioner’s appeal, with costs.
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