Drinking Driver Program Ny Drug Test
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As a DWI defense lawyer I am often asked, 'so what happens at the DDP (drinking driver program) and the VIPs (victim impact panel)?' If your scour the internet very little is divulged about either of these two programs. They do not admit attorneys because I have asked, and they do not even give out a curriculum.Drug Testing The Air Force conducts drug testing of personnel according to AFI 44-120, Drug Abuse Testing Program. All military personnel are subject to testing regardless of grade, status or position. Military members may receive an order or voluntarily consent to provide urine samples at any time. The DDP consists of a set of classes, totaling a minimum of 15 hours, which are meant to deter the defendant from committing future violations by educating them about the risks and consequences of driving while under the influence of drugs or alcohol. New York State Drinking Driver Program Eligibility.
I am a curious person. I have a need to know about things. I am forever inquiring about How things work, and what procedures people follow. I admit I love to go on the internet and find stuff about stuff. Well all that I am about to reveal is after extensive surfing and research.
The completion of these programs is usually necessary to obtain a conditional driving license or privilege to drive in NYS, and to satisfy Conditions of the Court. The DDPs are ongoing programs but the VIPs are given at specific times and dates depending on the county you are in. Some Courts do not require out of state motorists to complete the VIP or the DDP but some require a like (similar) program's completion to satisfy a plea bargain.
Yates County, NY holds two VIPs per year whereas Tompkins County, NY has a VIP every three months. Some counties are just starting to form VIPs.
How serious are the VIPs taken? Recently in Dryden, NY a person was sent to jail for a failure to attend the program on the specified date. Maybe it would have helped had he not stated in Court to the Judge that his reason for non-attendance was that he decided to go on vacation during the VIP date.
The DDP seeks to examine the arrest experience, evaluate the factors that led to the DWI arrest, and to help drivers make appropriate future driving decisions.
1. It is not merely a class but involves discussion among the participants about problems involving drug and alcohol abuse. Be prepared to interact, this is not a passive experience.
2. The program is seven (7) sessions in total. One (1) session per week. Each session lasts from two to three (2 to 3) hours. Total program time of sixteen (16) hours.
3. The first session discuss the reasons for the program (education and rehabilitation).
NYS seeks to decrease the personal and property losses due to driving under the influence of drugs and/or alcohol. The program's original intended goal was educational and not rehabilitative but that has changed over the last thirty years. I think because the political tenor of our country and Courts has shifted to adopt a AA position in regards to the treatment of alcohol and drug problems. The NYS DDP has been around for over 30 years in one form or another.
4. As discussed before you will participate. You will fill out a drug/alcohol screening form (see the M.A.S.T.), usually the Michigan Alcohol Screening Test or like format. You will write about the night of your arrest, and the events proceeding it. The DDP wants you to look at your behavior, and what led you to this point in your life. This program is about self reflection.
5. There will be two instructors, one who is an alcoholism counselor, and one who is a highway safety expert. Session two will cover traffic safety and safe driving. There will be films to watch and discuss. The alcoholism counselor will decide whether further drug and alcohol evaluation is necessary for each of the participants.
6. Session three connects the use of drugs and/or alcohol with driving safety issues. Myths concerning drinking coffee or splashing cold water or listening to music to sober up are dispelled.
7. The fourth session deals with the physiologic effects of alcohol on the body, and it's various systems. What happens at various blood alcohol levels. How function and behavior are dramatically affected. How alcohol affects the central nervous system See the youtube videos by Father Martin a proponent of AA. This was in the old version of the DDP. New versions don't have Father Martin or the Twelve Steps.
His videos have been used at the DDP. His views and emphasis are on the disease concept of addiction.
8. Session five and six deals with alcoholism as a disease, and discusses alcohol abuse detection. AA (alcoholics anonymous) is discussed and recommended by the DDP.
9. Session seven is a summary of the course. The sessions as a whole were developed to instill healthy decision making, change the participants attitudes, and prevent future unsafe driving patterns.
The VIP (Victim Impact Panel)
It can run from one to three hours in length.
Some of the speakers will be professional counselors involved in rehabilitation.
Some of the speakers may be people affected directly by drunk driving.
There are usually people affiliated with AA (alcoholics anonymous) who present at the VIP.
The doors will be locked so be prompt.
You will be observed so do not bring books, ipods, or any distractions or else you will be marked as absent.
Do not fall asleep or else you will be marked as absent.
Some of the ideas, history, and concepts presented in this blog were inspired and adapted from online articles, the book Drunk Driving 'an American Dilemma' by James Jacobs, and assorted sources. It is presented merely as an education and information tool in response to many people who have asked me about what really goes on behind closed doors.Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
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What is the New York State Impaired Driver Program (IDP)?
The New York State Impaired Driver Program, also known as the IDP, is a “drug rehabilitation program within the Department of Motor Vehicles,” authorized by NYS VTL 1196. (It was formerly called the Drinking Driver Program.) Here is a link to the NYS DMV webpage for the IDP.
The IDP is a 7-week program. It is held one evening per week, and each session lasts about 1.5 hours, for a total of 16 hours. It involves classroom instruction, and it can also result in a referral for drug and alcohol treatment (not to last longer than 8 months unless otherwise recommended by the Department of Mental Hygiene or health officials administering the program). We have been seeing clients consistently referred for treatment by the IDP when their alleged BAC was .15 or higher. Until the treatment is completed, the IDP won’t issue a Notice of Completion, meaning that; (1) you cannot regain full driving privileges; and (2) if the sentencing court ordered you to complete the IDP (as opposed to you voluntarily enrolling), it could take 8 months or longer before the court gets a notification that the program was successfully completed. That could mean more “control dates,” where we go back to court to give the judge a status update.
When a person convicted of an alcohol-related driving offense signs up for the IDP, they (typically) become eligible for a post-conviction conditional license issued by the DMV (upon payment of a $75.00 fee). After a person successfully completes the IDP, and after they have paid all their fines, they (typically) become eligible for full driving privileges. So, if you're convicted of driving while intoxicated on January 1, and you are sentenced to a 6-month revocation of your license, there is good reason to believe you can get your full driving privileges back before July 1.
However, not everyone is eligible for the relief offered by taking the IDP. You are not eligible to regain full driving privileges if you were driving a taxi, or a livery cab, were an operator of a bus or school bus, if you held a commercial drivers license, if you were operating a truck or tow truck with a GVWR between 18,000 and 26,000 pounds, or if you were under 21 when you violated the law. Those categories of people may not regain their full driving privileges until their full revocation period has run. NYS VTL 1193(2)(b)(9). The same holds true for people who refused to submit to a chemical test. NYS VTL 1194(2)(d)(3).
In addition judges may bar people from taking the program, as can the Commissioner of the NYS DMV or an appointed Deputy. If you have been convicted of any alcohol-related offense during the previous five years you are not eligible to enroll in the IDP, whether you participated in the program previously or not.
The laws and regulations surrounding the NYS Impaired Driver Program are – to say the least – tortuously complex. One law will refer to another section of the law which refers you to a regulation promulgated by the Commissioner… all without saying anything. It’s a drafting mess. An experienced DWI attorney can help you navigate the mess, determine what may happen to your driving privileges, and then come up with a strategy for keeping your license.
If you are facing a DWI charge,contactus at The Militello Law Firm for a free telephone consultation and case evaluation. Драйвер generic bluetooth adapter скачать бесплатно. (585) 485-0025
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