15 N.Y.3d 68 (2010)

New York Vehicle and Traffic Law § 1192(8), as amended in 2006, only allows out-of-state convictions for driving under the influence (DUI) occurring on or after November 1, 2006, to be used to elevate a subsequent New York DWI offense from a misdemeanor to a felony.

Summary

The New York Court of Appeals addressed whether a prior out-of-state DUI conviction could be used to elevate a current DWI charge to a felony. The defendant was charged with felony DWI based on a 1999 Georgia conviction. The court held that the 2006 amendment to Vehicle and Traffic Law § 1192(8) only applies to out-of-state convictions occurring after November 1, 2006. The Court reasoned that the legislative intent was to address the discrepancy in treatment between in-state and out-of-state convictions prospectively, and the enabling language supported this interpretation. Thus, the defendant’s prior Georgia conviction could not be used to elevate the current DWI charge to a felony.

Facts

Defendant was arrested on February 22, 2007, and indicted for felony DWI and obstructing governmental administration. The felony DWI charge was predicated on a 1999 Georgia conviction for driving with an unlawful alcohol concentration, which would have been a violation of Vehicle and Traffic Law § 1192(2) if it had occurred in New York. The defendant moved to dismiss the felony DWI charge, arguing that the Georgia conviction predated the effective date of the relevant statute.

Procedural History

The County Court denied the defendant’s motion to dismiss the indictment. The Appellate Division reversed the County Court’s decision on the felony DWI charge, vacated the plea, and dismissed that count of the indictment. The People and the defendant were granted leave to appeal to the New York Court of Appeals.

Issue(s)

Whether Vehicle and Traffic Law § 1192(8), as amended in 2006, permits the use of an out-of-state DUI conviction occurring before November 1, 2006, to elevate a subsequent DWI offense in New York from a misdemeanor to a felony.

Holding

No, because the enabling language of the 2006 amendment to Vehicle and Traffic Law § 1192(8) specifies that it applies only to convictions occurring on or after November 1, 2006, and this applies to both in-state and out-of-state convictions used for enhancement purposes.

Court’s Reasoning

The Court of Appeals focused on interpreting the legislative intent behind the 2006 amendment to Vehicle and Traffic Law § 1192(8). The court acknowledged the ambiguity in the enabling language and examined the statute’s legislative history. The court noted that the purpose of the amendment was to eliminate the loophole that allowed repeat DWI offenders to face lesser penalties simply because prior convictions occurred out of state. The court reasoned that the Legislature intended to remedy the differential treatment between in-state and out-of-state convictions prospectively, by applying the amended statute only to out-of-state convictions occurring after November 1, 2006. The court stated, “The most sensible interpretation of the enabling language is that the Legislature chose to remedy this differential treatment going forward, by continuing to apply the previous statutory scheme to out-of-state convictions occurring prior to November 1, 2006, and applying the statute as amended to out-of-state convictions occurring after that date.” The court rejected the People’s argument that “convictions” in the enabling language referred only to current New York convictions, finding that this interpretation would render the effective date of the statute redundant. The court also noted that their interpretation avoided potential ex post facto issues. The Court further emphasized that the statute itself refers to prior out-of-state convictions. Therefore, out-of-state convictions prior to November 1, 2006, cannot be used to elevate a DWI offense to a felony.