Suspensions & Revocations
SUSPENDED and REVOKED LICENSES or PRIVILEGES
Conviction for a serious traffic offense or multiple traffic violations may result in the suspension or revocation of your driver license or privilege to drive a motor vehicle in New York State. You are subject to arrest for criminal charges if caught driving a motor vehicle when your driver license or driving privilege is suspended or revoked in New York.
If your license or driving privilege is suspended or revoked, NYS DMV will send a notice (called an “order”) to whichever address they have on file. Now that address may be old or plain wrong, but they consider you “served” and on notice NOT to drive. Unfortunately, many, many motorists only find out the hard way – by driving and getting caught! They are summarily handcuffed and arrested, car towed, and criminal misdemeanor charges filed with the local criminal court – an awful time!
SUSPENDED Driving Privileges
A suspension means your New York license or driving privileges in the State of New York are taken away for a period of time. At the very least, you will be required to pay a suspension termination fee to the court suspending and/or DMV.
How long? Well, the suspension period can be either definite or indefinite (up to DMV’s discretion), which does not end until you fulfill the required steps or serve the full time suspended.
Definite Suspension: If you receive a notice of a definite suspension order, it will specifically indicate the length of the suspension period. You cannot drive until the suspension period ends, pay a suspension termination fee, and obtain a valid driver’s license!
Frequent basis for Definite Suspensions: lapsed or no automobile liability insurance, convicted of an alcohol or drugged driving arrest; too many traffic ticket points (11 or more) in a certain amount of time (18 months); or, you did not follow the rules for junior drivers (“out-of-class” usually refers to driving past 9:00 pm).
If you receive an indefinite suspension order, it will indicate what must be done to remove the suspension, like answer a traffic ticket in court, pay a traffic ticket fine or file a report of an motor vehicle accident.
Frequent reasons for indefinite suspensions: did not answer a traffic ticket; did not pay a fine; did not file a motor vehicle accident report for mva’s involving $1,000 or more damage; MV-104); failed to pay child support; or did not have automobile liability insurance, etc. Sometimes one’s license or privilege to drive may be suspended due to a medical condition that affects their ability to drive safely and they may not drive again util DMV says they may.
REVOKED Driver’s License or Privileges
If you receive an order from DMV saying your license or driving privilege is revoked, this means your license or privilege to drive here (usually, applies to out-of-state motorists) has been terminated and you must apply a brand new one when the period of revocation ends.
Where revoked, you must apply for approval from NYS DMV when the period of revocation is over. You may be required to take the written and driving tests again and even pay a license application fee. Your application may be denied if you are deemed a “persistent violator” or otherwise, have a high risk driving record. You may also need to pay a driver civil penalty (DRA or Driver’s Responsibility Assessment) before your license or driving privilege can be restored.
Frequent reasons for revocations: operated a vehicle with lapsed or without insurance; convicted of an alcohol or drugged driving offense; convicted of a serious traffic offense or multiple traffic offenses (now considered over a twenty-five year look back); made a false statement on an application for a license or registration; or a driver of a motor vehicle involved in a crash resulting in a fatality; etc.
Call us today at 914-666-8137 to discuss your options at no charge!
We may be able to terminate your suspension or revocation via corum nobis motions (i.e., written application to the court to vacate some infractions from your record). Or, better yet – avoid it in the first place!