Driving with a suspended license in New York is a crime with significant legal consequences, including fines and probation or jail time. If you are at fault in an accident, that adds to the stress and possible ramifications of driving with a suspended license.
It is important to understand your options and seek legal counsel. Rosenblum Law attorneys are experienced in handling at-fault accidents with a suspended license. Contact us today for a free consultation, and keep reading to learn more.
Understanding the Consequences of Driving with a Suspended License in New York
Legal Penalties
Driving with a suspended license is a misdemeanor crime called Aggravated Unlicensed Operation (AUO), which has three degrees. An AUO in the third degree is a misdemeanor charged for driving on a suspended license for the first time. It is punishable by a mandatory fine of $200 to $500, a mandatory surcharge, and possible imprisonment for up to 30 days or probation.
If someone has a suspension or revocation for previously driving on a suspended license and does so again, it is an AUO in the second degree. This is still a misdemeanor and comes with a mandatory fine of $500, a mandatory surcharge, and mandatory imprisonment of up to 180 days or probation.
If someone’s license was suspended for a DWI, or the person has three or more license suspensions and is guilty of an AUO in the second degree, there is an additional mandatory fine of $500 to $1000 and mandatory imprisonment of 7 to 180 days or probation.
An AUO in the first degree is a felony. This is charged when the individual is driving under the influence with a suspended license, or if the individual has 10 or more suspensions on their license at the time. It is punishable by a mandatory fine of $500 to $1,000, mandatory imprisonment up to four years or probation, and seizure of the vehicle.
In addition to these penalties, someone guilty of AUO may be punished with additional suspension periods or even permanent revocation of their license, depending on the severity of the AUO.
Insurance Implications
Having a suspended license increases auto insurance rates, and driving on a suspended license will further increase them. Someone can expect to pay hundreds of dollars more for car insurance after having an at-fault accident with a suspended license.
In addition, the insurance company may deny coverage for the accident due to the suspended license. If coverage is denied, the driver will have to pay out of pocket to repair their vehicle.
Civil Liability
When someone is at fault in an accident, they are responsible for damages and injuries sustained by other parties involved in the accident. If the at-fault driver’s insurance company denies coverage because they had a suspended license, they will have to pay these costs out of pocket if a lawsuit is filed.
Steps to Take Immediately After the Accident
If you have an accident while driving with a suspended license:
1. Ensure safety and seek medical attention: Check carefully for injuries. Some injuries may not immediately cause pain due to adrenaline released during the accident. Contact emergency services to handle any injuries to oneself or others.
2. Contact law enforcement: Report the accident to the police, who will likely arrive with emergency services. It is important to provide accurate information without admitting fault. Answer questions directly, but do not offer unnecessary information.
3. Gathering evidence: Take photos of the accident scene and damage, which may be needed to prove how the accident happened. Collect contact information from witnesses and gather details from other drivers. Get their names, contact information, vehicle information, and insurance information.
4. Avoid admission of fault: Remain calm and cooperative at the scene of the accident, but again, do not admit fault.
5. File an accident report with the DMV: Someone has 10 days to file an accident report with the DMV. Otherwise, their license will be suspended again.
Legal Options and Strategies After the Accident
Consult an Experienced Attorney
It is very important to have legal representation for navigating the complex legal issues involved in an at-fault accident while driving on a suspended license. A lawyer can protect their client’s rights and interests by working with insurance companies and negotiating with prosecutors, as well as representing them in court.
Address the Suspended License
New York imposes both indefinite and definite suspensions. An indefinite suspension requires the driver to take a specific action for the suspension to be lifted. This could be showing proof of car insurance, paying a ticket, or attending a driving course.
A definite suspension is for a set amount of time, but an attorney can try to persuade a court to shorten the suspension period. A suspension can also be appealed within 60 days of when it was imposed. If their license cannot be reinstated, the driver may be able to obtain a conditional or limited license that allows them to drive to and from work and medical appointments.
A revoked license is indefinite until the driver reapplies for licensure.
Even if someone has their license reinstated subsequent to the AUO charge, they still be charged with and convicted of AUO so long as their license was suspended or revoked on the day the ticket was issued.
Prepare for Possible Criminal Charges
A driver can expect to be charged with an AUO if their license is suspended. It is also possible they could be charged with reckless driving, depending on the circumstances.
There are a variety of legal strategies that can be used to defend against reckless driving charges. For example, there may be procedural errors in the police report or citation, so read these carefully. An attorney can also work to challenge the evidence, how it was collected, and its accuracy.
Sometimes the best way to defend against these charges is to negotiate with prosecutors for reduced penalties, otherwise known as a plea agreement. This could result in probation instead of jail time, for example.
FAQs
What are the legal consequences of driving with a suspended license in New York?
Driving with a suspended license in New York is a crime called aggravated unlicensed operation, or AUO. There are three degrees of AUO, with fines ranging from $250 to $1,000. Jail time or probation are also possible.
Can I be sued if I cause an accident with a suspended license?
Yes. The other parties will file a claim with their insurance for their injuries, but any other damages can be sought through a lawsuit.
How can a lawyer help me if I'm at fault in an accident with a suspended license?
A lawyer can represent you in court, presenting evidence and testimonies on your behalf. The attorney will also negotiate for reduced penalties or argue that the charges should be dismissed, depending on the circumstances. They can also represent you in lawsuits filed by other parties to the accident.
What should I do immediately after the accident if my license is suspended?
The first concern in any accident is everyone’s health and safety. Seek medical treatment for injuries. Report the accident to the police, and cooperate with them at the scene without admitting fault. Gather your own evidence, such as photos of the damages and the scene. You should also gather contact information for witnesses and driver information for any other parties. Finally, contact an attorney for assistance.
Will my insurance cover the damages if I was driving with a suspended license?
Your insurance may or may not cover the damages if you were driving with a suspended license. An attorney can negotiate with the insurance company and attempt to get coverage, but it is not a guarantee.
Can I get my license reinstated after the accident?
Possibly, but it is not guaranteed. Even if your license is not fully reinstated, it may be possible to get a conditional or restricted license that allows you to drive to and from work, school, and medical appointments.
Contact Rosenblum Law Today
As you can see, being at fault in an accident while driving on a suspended license is a serious matter that you should not navigate alone. It is important to seek legal help quickly to protect your rights and minimize penalties.
Rosenblum Law attorneys are skilled in handling such cases and helping to restore driving privileges. If you were at fault in an accident while driving on a suspended license, contact us today for a free consultation.
