LIVINGSTON COUNTY – A Pittsford man has permanently lost his license to drive due to DWI convictions from the ’90’s and early 2000’s, and sent his lawyer to the Livingston County courthouse on Thursday to fight back.
Lawyer Lindsay Piper appeared on behalf of Todd Wheaton, of Pittsford, to make a motion challenging the constitutionality of the action of the Department of Motor Vehicles, which revoked his license after police wrote him a ticket for driving while on a cell phone, and a look-back revealed three convictions for DWI, the most recent of which dates back to the early 2000’s.
“The updated law now states that if a person has more than 3 convictions for DWI, their license can be revoked for life,” said Piper in her motion. “At the time of these convictions, that was not the case. If he knew his license could be permanently revoked, he would not have pled guilty and would have taken the matter to trial. We are asking that the court vacate and restore the matter for trial.”
Assistant District Attorney Justin Hill said that a written response from the DA’s Office has already been sent, saying that the DMV is better suited to handle the matter.
Judge Dennis Cohen said that not many people are aware of this change to the law, and in cases like this it can deeply impact drivers’ lives.
“Well, this law has certainly come into effect, and people don’t know the disastrous consequences for people like your client,” said Judge Cohen. “No one knew at the time of these convictions that future laws and regulations would come into effect. However, this court doesn’t feel that this or any other court is in a position to handle this matter.”
Judge Cohen denied the motion, and Piper noted her objection for the record.