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Old 12-26-2019, 09:50 PM
  # 21 (permalink)  
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Originally Posted by fini View Post
whoa, Kyle, can you step back a touch?
we all get why you are frustrated and that it seems unfair, but minimizing your drunk driving by saying there are hundred others doing it, or others text and that is worse, or people not stopping or that you are not even impaired at the legal limit because you are so habituated....these are all wild swings at others, and of no real use in your situation other than to stoke your anger and distract from the real issue:you got caught and are paying the consequence.
that it sucks, and bigtime...yes. of course.

but, you know, you are NOT paying with your life. driving is not life. not even a right. there are many folks who don’t drive at all and live their lives. you can, too. i get that it is unfair to be penalized differently after the fact.

seriously, you wouldn’t have drunk or driven if you had known you could lose your licence? we always know we could lose our licence if we drink and drive.
we could also lose our lives for real, or someone else could pay with theirs.

i do hope you get legal advice, and maybe in the sober future your licence can get re-instated. more than that, i hope you can find peace with things as they are and see the blessings that nobody got hurt or killed by you. seriously:you were lucky, man!
You don't get it cause its not happening to you.

Its very easy to go about your life get in your car then come here and say its no big deal when I will never recover a normal life but instead spend the rest of my life treating diabetes and the extra burden no car live alone... its a death sentance. Death of every hope and dream I had.

"driving is not life. not even a right."

It is a right the supreme court decided that.

"The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness." Slusher vs. Safety Coach Transit Co., 229 Ky 731, 17 SW2d 1012, and affirmed by the Supreme Court in Thompson vs. Smith 154 S.E. 579.


After DUE PROCESS again the state can take rights, even take your life with the death penalty, whats next with these bastards life itself is a "privilege" they can just take at will ?? No Judge no jury just some bureaucrat who never even looked you in the eye or saw you in person says you don't get to live anymore ???

"Seriously, you wouldn’t have drunk or driven if you had known you could lose your licence?"

I remember the day. I had no cigarettes. The store is not that far. I am not "drunk" I wasnt.

How do I prove it but no with lifetime revocation as a consequence I would not have done the math 2 strong drinks I am under .08 and risked it.

Nope no way, not if lifetime revolkation was the consequence. NO WAY.

Retroactive punishment was banned by the constitution of the united states in the 1770s

The concept was know and deemed wrong centuries in history before that.

Magna Carta, which is also a historical origin of the Constitution's prohibition on ex post facto, or retrospective, criminal laws.

Article 11, paragraph 2 of the Universal Declaration of Human Rights provides that no person be held guilty of any criminal law that did not exist at the time of offence nor suffer any penalty heavier than what existed at the time of offence.

F them I hope they go to hell doing this to me they well aware retroactive punishment is wrong centuries old concept.

I know the severity of those words go to hell too. I hate them.

"just accept faceless beurocrates decided the rest of your life never even looked at you, never met you
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Old 12-26-2019, 10:08 PM
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Old 12-26-2019, 11:55 PM
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Originally Posted by Ken33xx View Post
Yes, let's get real. You may not agree with the law or the fact others also drink/drive... but it is you who got caught. And your license has been permanently revoked.

Now, unless they are a lawyer who specializes in DUI I doubt anyone in AA can help outside of lending a sympathetic ear.

So speak with an attorney.

If you don't have the money save until you do.


When can a Driver’s License be Suspended for Life?

You won’t lose your driver’s license for life over a parking ticket. However, many states have laws that allow for a lifetime suspension or revocation of a driver’s license for irresponsible behavior. Generally the behavior must rise to such a high degree that it puts other people at risk. Crimes like habitual drunk driving or vehicular homicide can result in you losing your license forever...

While this may seem like a life-ending tragedy, you may be able to apply for a “hardship” permit. This type of permit won’t allow you to go about your business in quite the same way as before, but you will be able to get to and from work, buy groceries, and run other necessary errands.

There is a catch: in many states, this hardship permit for habitual drunk driving offenders requires the driver to purchase and install a special ignition interlock device. This device is a computerized breath analyzer, which requires you to submit a breath sample in order to start the vehicle. If your breath sample give a reading of having an alcohol level above a pre-programmed amount, the vehicle will not start.

https://www.legalmatch.com/law-libra...s-license.html
"You may not agree with the law "

I do agree with the law. I should not be punished retroactively.

Ex post facto is banned by the Constitution f the United States the supreme law of the land.

Section 9
3: No Bill of Attainder or ex post facto Law shall be passed.

What is an ex post facto law example?
The definition of an ex post facto law is a law that applies to crimes that happened before the law was passed. An example of an ex post facto law is a law passed in 1994 that applies to acts that occurred in 1989. YourDictionary definition and usage example.
Ex post facto law - YourDictionary
https://www.yourdictionary.com › ex-post-facto-law

(A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.)

Its bigger then me and my driver licence.

This below is it the whole thing the supreme law of the land. What happens to us when we just disregard it ?

What part do we ignore next ??

"unless they are a lawyer who specializes"

No its perfectly clear, the law of the land is no retroactive punishment. Doesn't take an "expert" .


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Old 12-27-2019, 12:05 AM
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Old 12-27-2019, 12:36 AM
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Anyway this craziness has to end.

I wrote on the other thread I will be back in a week. I recognize this is not healthy for me.

The entire point of coming here was to find other people subjected to this retroactive punishment because outside observers don't get it when its not happening to them.

I always get in these arguments. I want to talk to other people lives trashed out retroactive punishment.
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Old 12-27-2019, 07:08 AM
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Originally Posted by KyleT View Post
Anyway this craziness has to end.

I wrote on the other thread I will be back in a week. I recognize this is not healthy for me.

The entire point of coming here was to find other people subjected to this retroactive punishment because outside observers don't get it when its not happening to them.

I always get in these arguments. I want to talk to other people lives trashed out retroactive punishment.

Well, perhaps find a forum which deal with law .

I've been going to AA meeting for over 26 years and have never heard anyone discuss retroactive punishment and the law. Which isn't to say you won't but to say it's more likely you'll find someone familiar with this matter in a forum dealing with legal issues.

You wrote: I do agree with the law. I should not be punished retroactively.

So take it up with a lawyer. I've dealt with lawyers enough to understand if you've got a good case they'll happy take you on as a client for a piece of pie.
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Old 12-27-2019, 05:48 PM
  # 27 (permalink)  
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Originally Posted by KyleT View Post
I recognize this is not healthy for me.
It's not. You really have to find a more constructive way to deal with this.
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Old 12-28-2019, 09:29 AM
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Originally Posted by HeadEast View Post
It's not. You really have to find a more constructive way to deal with this.

I am.

My goal here is to try and find other people subjected to this and make a support group. It could take a wile.

I might have to try an ad in newspapers, I haven't even looked at prices yet.

I also would like to figure out how to get the names of all the other people subjected to this lifetime revocation and see what the outcomes have been and how many have died so far.

You cant get to meetings, outpatient, doctors, a social life becomes much more difficult to maintain ( thanks for inviting me but I don't have a ride) soon people stop inviting.

You don't have to be a mathematical research statistician working at the centers for disease control to know doing something as unfair and draconian as retroactive lifetime driver licence revocation to people struggling with alcohol and addictions to understand that a massive spike in the rate of suicide , overdose or early death is going to be the outcome.

Take away all hope from someone struggling with alcohol or addictions what do you think many will do ?

Do you think those corrupt cockroaches "The State Of New York" is going to be doing any study on the long term effects on people they did this to ?

I need to find to the other people affected by this, so far I found one


Decided: November 27, 2013
The Petitioner asserts that the revocation of his license creates a hardship, because his back injury requires him to attend doctors' appointments and there is no public transportation to permit him to get to these appointments on his own. At present, the Petitioner indicates that he is not even eligible to get a conditional license, which would permit him to drive to his medical appointments.

The Petitioner also argues that the application of the Part 136 which was amended after he pled guilty to DWI results in an impermissible, unconstitutional, ex post facto penalty. It is argued that the Petitioner had notice of the revocation period he was facing at the time he pled guilty to an alcohol related driving offense, but was instead subjected to additional penalties which were not in existence at the time of his plea...

---------

He lost the case. Lifetime revokation

findagrave. com/memorial/178567527/thomas-m_-gaebel

Died on Sunday, April 16, 2017 at his home.


Its public record, but I have no idea how to go about using that to find all the people effected by this.

I think God wants me to continue cause that was the first search I did using names from the few court cases I found online. That was a sign.

It had to be.
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Old 12-28-2019, 10:22 AM
  # 29 (permalink)  
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classic case of "but my case is different"

Thankfully, recovery from alcoholism is available to anyone. And from a recovered state, I haven't found any limits to God's power. It's been really cool to watch amazing things get fixed, corrected, changed and so forth through folks who've taken the actions in AA. Of course, there's no requirement to do so and we're all able to stay as mired in our misery as we want to.

Kyle, there IS a solution and there IS a way out...... of what you think your predicaments are, of the way you're feeling and there's a life that's (and I'm not exaggerating here) better in probably every way you could imagine. You get to decide what path you want to be on..... your current one or a new one. I'd recommend a new one but the choice is yours.

Feel free to message me if you'd like to talk. I'm more than happy to share my phone number.
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Old 12-28-2019, 10:40 AM
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Kyle:

You say the law was changed and you are being penalized for an offense which occurred before said change.

Have you spoken with an attorney about this?

If no, why not?

If you don't have the money perhaps look for a non-profit legal service in your area.

Do you want satisfaction and your licence back?

Speak with an attorney.
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Old 12-28-2019, 12:50 PM
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Originally Posted by Ken33xx View Post
Kyle:

You say the law was changed and you are being penalized for an offense which occurred before said change.

Have you spoken with an attorney about this?

If no, why not?

If you don't have the money perhaps look for a non-profit legal service in your area.

Do you want satisfaction and your licence back?

Speak with an attorney.
Its $25,000 just to start.

Like I said above a small child can understand the centuries old legal concept of ex post facto - retroactive punishment, they don't follow the law anymore.

That's the hard part.

You would think it would be the easiest thing, the ban on ex post facto right on the front of the Constitution. The court$ ruled DMV is exempt from Constitution.

In other news,

Distracted [cell phones] driving leading cause behind fatal crashes in 2016
https://www.nj.com/traffic/2018/01/d...atal_cras.html
Distracted driving was the leading cause of fatal crashes in New Jersey in 2018, more than speeding and driving while intoxicated. https://www.nj.com/news/2019/12/maki...ear-in-nj.html

"The Institute of Industrial Engineers concluded that drivers are 20 times more likely to be involved in an crash while texting and driving as opposed to driving while intoxicated. "

No one cares. The courts, probation and prison industry can't make money on texting and driving like they do with DUIs trapping people in the system with drug testing false positives and all that.

Plus society hates alcoholics and addicts, that's why they let them build prisons instead of funding treatment.
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Old 12-28-2019, 12:52 PM
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"non-profit legal service" They wouldn't touch it.
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Old 12-28-2019, 01:21 PM
  # 33 (permalink)  
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Originally Posted by DayTrader View Post
classic case of "but my case is different"

Thankfully, recovery from alcoholism is available to anyone. And from a recovered state, I haven't found any limits to God's power. It's been really cool to watch amazing things get fixed, corrected, changed and so forth through folks who've taken the actions in AA. Of course, there's no requirement to do so and we're all able to stay as mired in our misery as we want to.

Kyle, there IS a solution and there IS a way out...... of what you think your predicaments are, of the way you're feeling and there's a life that's (and I'm not exaggerating here) better in probably every way you could imagine. You get to decide what path you want to be on..... your current one or a new one. I'd recommend a new one but the choice is yours.

Feel free to message me if you'd like to talk. I'm more than happy to share my phone number.
I think God wants me fighting this.

I had the idea find out all the names of the people effected by the ex post facto and see how they are doing.

The very first one was dead. I think that was a sign to continue. I really do.

You don't have to be a research statistician working at the centers for disease control to know doing something as unfair and draconian as retroactive lifetime driver licence revocation put on people struggling with alcohol and addictions to understand that a massive spike in the rate of suicide , overdose and early death is going to be the outcome.
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Old 12-28-2019, 01:58 PM
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Originally Posted by KyleT View Post
"non-profit legal service" They wouldn't touch it.
What did they say regarding the merits of your claim? Why wouldn't they touch it?
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Old 12-28-2019, 02:54 PM
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O.k. for anyone interested:

Retroactive Change in the Law to Punish a Defendant
https://digitalcommons.tourolaw.edu/...text=lawreview

Kyle:

You initially wrote: It’s real simple. I got lifetime driving license revocation from 2 DUI and one Impaired.

And the simply response is: Nobody gives a ****. The public and the DMV want you off the road.

The counter argument is: It’s a slippery and dangerous slope. What retroactive change in law will be next?

But again nobody gives a **** The public doesn't care what you think or want. They just want those with multiply DUI off the road....Period.

Your best bet is to find an ACLU lawyer to help with this.

In the meantime get used to the bus, riding a bike, or walking.
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Old 12-28-2019, 05:01 PM
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Kyle - please remember this is a sobriety forum - not a legal forum nor a soapbox for sociopolitical issues regarding the law. If you are seeking help in achieving or maintaining sobriety we can help with that. Otherwise if the tone of this thread continues it will be closed.
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Old 12-28-2019, 08:10 PM
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Originally Posted by Ken33xx View Post
O.k. for anyone interested:

Retroactive Change in the Law to Punish a Defendant
https://digitalcommons.tourolaw.edu/...text=lawreview

Kyle:

You initially wrote: It’s real simple. I got lifetime driving license revocation from 2 DUI and one Impaired.

And the simply response is: Nobody gives a ****. The public and the DMV want you off the road.

The counter argument is: It’s a slippery and dangerous slope. What retroactive change in law will be next?

But again nobody gives a **** The public doesn't care what you think or want. They just want those with multiply DUI off the road....Period.

Your best bet is to find an ACLU lawyer to help with this.

In the meantime get used to the bus, riding a bike, or walking.
Who made you the official voice of the public ?

They did this behind closed doors with no public debate or vote by the legislature, the traditional way the public "speaks".

Oh well, thanks for the link. That was a pretty thorough one.

At least the internet came back on. Stuck here in my solitary confinement when it rains out. No internet just quite things get yucky.

I shouldn't get suicidal when I contemplate the future. Same loop when it happens, what the hell do I do now.

Can't even go for a walk or ride the bike without first checking my blood sugar, diabetic hypoglycemia can lead to seizures and loss of consciousness then when they find you usually they assume your drunk or on drugs and maybe you die before they figure it out so I have an ID bracelet. Its not entirely predictable, some days your fine others you ate the same stuff but the lows keep hitting, you feel hot and get these little green patches in vision like you looked at a bare lightbulb or the sun and you know eat something sweet or else. Insulin users call it the eat or die program.

I have a buddy with Type 1, he just runs his sugar real high but I would rather skip the blindness and amputations after my ****** life of isolation cause I can't get around.

I have thought about this a lot when I get to the diabetes end stages going blind and they are sawing off my feet and all that before my mind goes and I am in some institution with no family to visit to make sure they don't abuse me I need to think of a way of suicide. I got one idea I wont post here cause no wouldn't give that idea out and harm someone.

I am just tired. At least the Wifi sped up fast enough to be usable. I went down the depression hole bad in the silence.

Ya its lifting, thank goodness.

Maybe I will get lucky and find some others soon. That would be soo nice just to talk to someone else they did this to.

How are you holding up ? What kind of legal stuff did you try ? Do you just drive anyway ?

I am so pathetic now typing here like someone is listening I haven't even pressed the post button but feel like I am talking to people.

That movie castaway was very accurate about what happens when you spend too much time alone. Not talking to the wilson the soccer ball yet but I get it. You start to go crazy.

I have heard of people going to the bar and not drinking but I dont think I can be one of them. There is no place else to go to be around people right now.

Diabetes and drinking are so incompatible, it can be done but it sucks. Maybe that is the only good thing about being sick. I was sober before my diagnosis but that was before they did this too me.

I can never prove it but they say Type one in adults can be brought on by extreme stress. Soon after I got the news of lifetime retroactive revocation it happened.

Oh well if anyone has some ideas for how I can contact the others they did this retroactive revocation too I am all ears.

Help me out here.
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Old 12-28-2019, 08:27 PM
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Originally Posted by ScottFromWI View Post
Kyle - please remember this is a sobriety forum - not a legal forum nor a soapbox for sociopolitical issues regarding the law. If you are seeking help in achieving or maintaining sobriety we can help with that. Otherwise if the tone of this thread continues it will be closed.
Ya I get it, politics makes everyone fight.
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Old 12-28-2019, 08:37 PM
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Originally Posted by Ken33xx View Post
What did they say regarding the merits of your claim? Why wouldn't they touch it?
I just wrote that real quick because I assumed they would not.

Kind of like you wrote above the public does not care, I already knew that.

https://www.google.com/search?q=ACLU+ex+post+facto

Just did that search and think differently I am going to try ACLU. Thanks.
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Old 12-28-2019, 08:38 PM
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Originally Posted by KyleT View Post
Who made you the official voice of the public ?

Although the below study was taken almost 20 years ago I don't see anything today which would led me to believe such views have changed.


The Public's Attitudes and Behaviors towards Drinking and Driving:

The public's concern about drinking and driving remains high, although there is a small decline from 1991 to 1993 in the public's view of the importance of doing something about the problem. Nevertheless, the public supports more severe penalties, and strongly favors the use of sobriety checkpoints.
https://icsw.nhtsa.gov/people/outrea...1995/TT089.htm
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