DMV’s ‘Three Strikes’ Rule Reaches New York’s Court of Appeals


As we noted as long ago as 2014, there have been a number of lawsuits aimed at undoing the Department of Motor Vehicles’ ‘three strikes’ rule. This set of administrative regulations delays (and sometimes completely rules out) re-licensing for drivers who have had three or more alcohol- or drug-related incidents.

When our earlier entry was put up, it was clear that these cases weren’t getting anywhere in Supreme Court, New York’s trial-level court.  Some of the cases, though, proceeded to the Appellate Division of the Supreme Court.  There they essentially hit the same road block: the courts all agreed that the Department of Motor Vehicles has virtually unlimited discretion when it comes to re-licensing after a revocation.

Now, four years after some of them were brought, those lawsuits are being heard by the state’s highest court, the Court of Appeals.  That court has made no decision yet, but we thought you might be interested in seeing how law – or at least precedent – is made. The video above was made last week, and it’s a recording of the oral arguments the lawyers on opposite sides of the issue made in the Court of Appeals.

Stay tuned.