CNY man sues state after license suspended for 36-year-old DUI offense he claims never happened

[LoginName]

This state still manages to f*** over people even when they don't live in this state and
did nothing wrong...


A Central New York man is suing the state Department of Motor Vehicles after he was notified his driver’s license would be revoked this month due to a 1983 DUI conviction in Massachusetts.

Clifford R. White, 58, of Memphis, said in the lawsuit filed in state Supreme Court that no such conviction occurred. He said he has no memory of being charged or convicted of any motor vehicle infraction whatsoever in Massachusetts, according to the lawsuit.


White said in the lawsuit that he was told on April 11 his New York driver’s licenses would be revoked as of May 5 due to "a supposed conviction for driving under the influence” in Massachusetts on Sept. 20, 1983.

Since the lawsuit was filed, the court has issued a temporary injunction halting the revocation until the court hears the matter in August, said White’s lawyer, Kevin Roe. Roe, of Barclay Damon, said he can’t comment further on the case because it is pending litigation.

White did not return phone messages left at his business, C.R. White Tree and Landscape LLC, and a woman answering the phone said they had no comment.

The order revoking his license doesn’t include a copy of the traffic citation showing the final disposition of the case, or any abstract of the court record, or any proof of the conviction or the court it occurred in, the papers say. The lawsuit also says White wasn’t given any opportunity for a hearing before the revocation was to take effect.

White said in the lawsuit he has contacted both NYS DMV and Massachusetts Registry of Motor Vehicles asking for proof of the conviction, but hasn’t received any.

CNY man sues state after license suspended for 36-year-old DUI offense he claims never happened

 

[John4166]

Good luck to him..... guilty til you prove yourself inocent is the new standard

 

[Uzi2]

Thats like the parking ticket with late fees that the City of Boston tried to collect for from me. They said I was illegally parked on Kneeland St.

My car was bought in Texas, registered in Texas, I was in the full time military at the time and my car had never been in the state of Massachusetts ever.

Where they got the plate number from is beyond me.......oh thats right.......this was when Boston was proven to be writing bogus tickets and they were exposed for a "quota system" on the Jerry Williams show on WRKO.

I told them I'll pay the ticket when they can tell me who wrote it and where I was parked. I didn't even know where Kneeland street was at the time amd I had military orders proving my whereabouts on the date of the ticket.

FVCK YOU BOSTON.......nice try!

 

[Drix]

That MSP overtime scandal must have been going on for longer than anyone thought.

 

[nstassel]

Pfft. 1983 case? I could have figured that out in a few days without a lawsuit... if it's really not him.

 

[xtry51]

Would the notice typically provide info for the original issue?

 

[LoginName]

Pfft. 1983 case? I could have figured that out in a few days without a lawsuit... if it's really not him.

How?

Not shitting on you, I know you're a lawyer, but WTF are they missing or screwing up?

I'm curious because I've been the victim of identity theft/wrong person myself, so I can relate to this

poor guys situation.

I was able to clear things up myself.

It wasn't easy, but I was fortunate that I was able to provide documentation that I was at work on the days

of the alleged crimes committed by me.

 

[nstassel]

How?

Not shitting on you, I know you're a lawyer, but WTF are they missing or screwing up?

I'm curious because I've been the victim of identity theft/wrong person myself, so I can relate to this

poor guys situation.

I was able to clear things up myself.

It wasn't easy, but I was fortunate that I was able to provide documentation that I was at work on the days

of the alleged crimes committed by me.

I suspect a lawyer in NY convinced the guy that the DMV there won't be able to prove that the client has a valid OUI conviction and is trying to place the burden on the DMV. On the other hand, if I had the information about the conviction I would dig out the Court files and show that it's not him. Different ways to same result, but I suspect there may be more to the story so his lawyer is taking the "put up or shut up" route.

 

[LoginName]

I suspect a lawyer in NY convinced the guy that the DMV there won't be able to prove that the client has a valid OUI conviction and is trying to place the burden on the DMV. On the other hand, if I had the information about the conviction I would dig out the Court files and show that it's not him. Different ways to same result, but I suspect there may be more to the story so his lawyer is taking the "put up or shut up" route.

Thanks.

 

[teamRR]

DUI is another one of those things where the "even if it only saves 1 life" activists and the politicians who support them went full retard.

When they got a .10 level and penalties for failing to submit to a breathalyzer, mandatory loss of license, jail time for repeat offenders, it probably did save lives but should've stopped there.

Now since that didn't prevent 100% of the problems we got all that plus sobriety checkpoints (how those pass legal muster I cant understand), .08 level, 1st time DUI a long mandatory loss of license, and in some states even 1st offense, with no aggravating factors, is a felony...

I know someone who fully cooperated with police, his level was .05 and they pressed on with charges stating he was probably drunk at the moment they pulled him over but sobered up during the process.

A 35 year old DUI coming up as pertinent information - that is ridiculous.

 

[smokey-seven]

I suspect there may be more to the story so his lawyer is taking the "put up or shut up" route.

Would it not be appropriate to get this to court fast, so that a temp restraining order halting the suspension be included? If you have to go to court, why not sue too?

 

[nstassel]

Would it not be appropriate to get this to court fast, so that a temp restraining order halting the suspension be included? If you have to go to court, why not sue too?

Those are good points. I don't know the process in NY but in Mass you usually get a notice of suspension that you respond to within 14 or 30 days and you can provide docs to the RMV. The suit there is not likely for money damages, but for an injunction on the suspension of the license. I doubt there is a waiver of immunity to the state for a wrongful license suspension.

 

[Dennis in MA]

Let's assume he's guilty and they have the proof - didn't he "serve his time" back in 83???? NYS is gonna revoke him and suspend his license for 6 months 35.5 years later???? Really???

On a related note - isn't this a statute of limitations issue???? Or since he was "convicted" he's toast??? Seems that 35 years of no problems means that this is a non-issue. I know I just stated the obvious.

 

[fishgutzy]

Thats like the parking ticket with late fees that the City of Boston tried to collect for from me. They said I was illegally parked on Kneeland St.

My car was bought in Texas, registered in Texas, I was in the full time military at the time and my car had never been in the state of Massachusetts ever.

Where they got the plate number from is beyond me.......oh thats right.......this was when Boston was proven to be writing bogus tickets and they were exposed for a "quota system" on the Jerry Williams show on WRKO.

I told them I'll pay the ticket when they can tell me who wrote it and where I was parked. I didn't even know where Kneeland street was at the time amd I had military orders proving my whereabouts on the date of the ticket.

FVCK YOU BOSTON.......nice try!

Boston "parking ticket writers" simply right down plate numbers and locations to meet quotas. I got a ticket plus late fees for a ticket I never got. I simple stopped for 30 seconds to drop off my then girlfriend (wife now) ticket chicks simply wrote a ticket without issuing it.

 

[fishgutzy]

DUI is another one of those things where the "even if it only saves 1 life" activists and the politicians who support them went full retard.

When they got a .10 level and penalties for failing to submit to a breathalyzer, mandatory loss of license, jail time for repeat offenders, it probably did save lives but should've stopped there.

Now since that didn't prevent 100% of the problems we got all that plus sobriety checkpoints (how those pass legal muster I cant understand), .08 level, 1st time DUI a long mandatory loss of license, and in some states even 1st offense, with no aggravating factors, is a felony...

I know someone who fully cooperated with police, his level was .05 and they pressed on with charges stating he was probably drunk at the moment they pulled him over but sobered up during the process.

A 35 year old DUI coming up as pertinent information - that is ridiculous.

Maybe he recently filed papers to run for an elected office and the corrupt incumbent arranged the whole thing to smear him. It is NY after all.

 

[PaulR]

Looks like the States new Motus Operandi for paring down the number of licenses out there:
Go back in time,
go way back in time,
and make intentional mistakes wherever possible,
Success in clearing up an old case

 

[teamRR]

I had something like this happen to me > 20 years ago. Simply put as a kid I was questioned and refused to comment on a driving related complaint, no charges were pressed. Months later I recieved a letter from the DMV stating due to reckless driving my license was suspended via some statutory law...

I called the court where it supposedly happened and they told me "oh this is odd it says you were arrested and convicted on the same day, its obviously a mistake - you are all set we will fix it" and never heard another thing on it. Hopefully they dont re send that letter 15 years from now

 

[Uzi2]

Boston "parking ticket writers" simply right down plate numbers and locations to meet quotas. I got a ticket plus late fees for a ticket I never got. I simple stopped for 30 seconds to drop off my then girlfriend (wife now) ticket chicks simply wrote a ticket without issuing it.

No, This was an outright organized abuse of office scam being perpetrated by the Boston Police department and beyond.

They were dreaming up plate numbers and writing bogus tickets amd turning them in.
How could a Boston cop possibly have obtained my plate number otherwise when my vehicle was never in the state of MA or the city of Boston?
Just one more layer of the Boston corruption onion peeled back.

 

[Bonesinium]

I don’t believe that. What possible reason would a cop have to write a fake ticket? How would it benefit them? I’m sure if a cop was doing that they’d quickly be found out and other good cops would put an end to it. It was probably just a mistake anyways. Someone wrote a O when it was a 0. Could happen to anyone. Nothing malicious about it.

 

[Uzi2]

I don’t believe that. What possible reason would a cop have to write a fake ticket? How would it benefit them? I’m sure if a cop was doing that they’d quickly be found out and other good cops would put an end to it. It was probably just a mistake anyways. Someone wrote a O when it was a 0. Could happen to anyone. Nothing malicious about it.

I don't care if you don't believe it.

Either you are too young to remember or,

You are too old and your memory has gone bad or,

Or your name is Shirley and you are jesting

Please pick one.

This scam was widely publicized back in the70's.

 

[Alex9661]

Most parking tickets in Boston are issued by meter maids aka Boston Transportation Department, not cops who mostly don't care about parking infractions unless you park at a hydrant or a handicapped ramp or a crosswalk.

 

[Alex9661]

I don't care if you don't believe it.

Either you are too young to remember or,

You are too old and your memory has gone bad or,

Or your name is Shirley and you are jesting

Please pick one.

This scam was widely publicized back in the70's.

I'm pretty sure option#3 is a correct answer.

 

[drgrant]

I don't care if you don't believe it.

Either you are too young to remember or,

You are too old and your memory has gone bad or,

Or your name is Shirley and you are jesting

Please pick one.

This scam was widely publicized back in the70's.

I think you missed the dripping sarcasm in his post It was running out the end of it like a river....

-Mike

 

[Drix]

I don’t believe that. What possible reason would a cop have to write a fake ticket? How would it benefit them? I’m sure if a cop was doing that they’d quickly be found out and other good cops would put an end to it. It was probably just a mistake anyways. Someone wrote a O when it was a 0. Could happen to anyone. Nothing malicious about it.

Someone not paying attention to the MSP overtime scandal?

 

[swatgig]

I don't care if you don't believe it.

Either you are too young to remember or,

You are too old and your memory has gone bad or,

Or your name is Shirley and you are jesting

Please pick one.

This scam was widely publicized back in the70's.

Obvious sarcasm is obvious