Three Speeding Tickets in 18 Months = License Revocation
Under New York law, if a driver is convicted of three speeding violations that were received within a given 18 month period, his or her driver’s license will be revoked, in addition to the substantial fines and penalties that speeding tickets carry. Even if the driver has less than the 11 points needed for suspension based on point accumulation, he will still face a license revocation based on this rule. License revocation is no laughing matter because it means that the driver must re-apply in order to obtain driving privileges in New York State. Also note that conviction for two construction zone speeding violations within 18 months carries driver's license suspension (see below).
The 18 Month Period is Calculated Based on the Dates of Violation
People often get confused and think if they merely postpone their case for 18 months of more the points will “expire” and/or the ticket will no longer impact their license, but that’s simply untrue. The three speeding convictions we are discussing are calculated based on the dates of violation. Hence, if a driver is convicted of 3 speeding tickets and the dates of violation of those tickets are within a given 18 month period, his license will be revoked upon conviction of those violations. The fact that the date(s) of conviction (i.e. when the person pleads guilty or is found guilty at trial) might be after the 18 month period is irrelevant.
A License Revocation is More Severe Than a License Suspension
This initial term of revocation 6 months, but could be longer depending on driving record. A driver’s license revocation is different from a suspension because a suspension only lasts for a temporary period of time and then it is reinstated automatically. A revocation means that the license is voided. In order to obtain a new license, the individual whose license was revoked must re-apply to the Department of Motor Vehicles once the revocation period has ended. And since driving is a privilege and not a right there is no guarantee that he will be granted driving privileges altogether. Imagine not being able to drive to work for a full 6 months and having to rely on others or public transportation to help you get around. If a driver is unfamiliar with this rule or fails to receive a revocation notice from DMV, he might not even be aware that he is not permitted to drive in New York State. A driver that is pulled over for driving while suspended or revoked, otherwise known as aggravated unlicensed operation (AUO), can be arrested because it is a criminal offense. A crime can carry steep fines and jail time. In addition, criminal records in New York are permanent and cannot be expunged.
Two Work Zone Speeding Tickets in 18 Months = License Suspension
Speeding in a work zone or construction zone is even stricter in that it takes only 2 convictions to get suspended for 60 days. In other words, if a person is convicted of 2 work zone speeding tickets, and the date of violation of these two speeding tickets are within a given 18 month period, the person’s driver’s license will be suspended. Note that here we are talking about a suspension, not a revocation. See NY VTL § 510(2.)(b.)(xiii). However, a third speeding ticket within that same 18 month period will result in license revocation.
CDL Holders Face Additional Penalties
If you are a commercial driver’s license holder (CDL driver), New York state imposes harsh penalties. Commercial drivers risk losing their license for 60 days if they are convicted of two “serious traffic violations” within a three (3) year period while operating a commercial vehicle. It is important to note that the convictions must be the result of two separate incidents. If the two violations happen at the same time, the 60-day suspension will not be applied. If a commercial driver is convicted of three serious traffic violations during a 3 year period, the suspension term will be increased to 120 days.
If You Were Convicted or Pled Guilty It May Not Be Too Late
Once a person is convicted it may or may not be too late to prevent the suspension or revocation. The answer depends on whether or not the court will grant a motion to vacate (also called a motion for an order of “coram nobis”). A skilled attorney may be able to make this motion and ask the court to vacate the conviction or guilty plea and turn back the clock as if the plea had never happened. At that point the attorney may be able to negotiate down the speeding violation to a non-speeding offense and avoid the suspension or revocation. It is crucial to note that a motion to vacate cannot be made in the Traffic Violations Bureau of the 5 boroughs of NYC and Rochester.
Who Should You Contact?
If you received three speeding tickets or two construction zone speeding ticket within 18 months, your license is on the line and you are facing serious legal consequences. The attorneys at Rosenblum Law will fight to keep you in the driver’s seat and do all they can to protect your legal rights. Call the Rosenblum Law today at 888-883-5529.
