A New York State driver’s license can get suspended for a number of reasons. It is crucial to know what a license suspension is and the most common ways in which your New York driver’s license can be suspended.
Discovering that you have a suspended or revoked license in New York can be devastating. Imagine losing your ability to drive, even for just a few weeks. You would need to rely on others to get you everywhere you needed to go. Aside from making your life inconvenient, you could lose your job. A suspension can also prevent you from getting a job in the first place.
Remember, it is quite common for people to think that once their license is suspended they are at a “dead end” and cannot do anything about it. However, in most cases that is simply untrue!
A skilled suspended license attorney can help you avoid a license suspension altogether as well as get your driving privileges restored if they already were suspended.
A license suspension is, by definition, temporary and your license will be available to be reinstated after a specified time period. That period could be a fixed amount of time (known as a definite suspension) or based on certain conditions (an indefinite suspension).
If you’ve received a suspension of any kind, the DMV will send a notice by mail to the address on the license (that's one reason it's important to notify DMV if your address changes). The notice will include the reason for the suspension. For a definite suspension, the notice will state the start and end date of the suspension. For an indefinite suspension, the DMV will note what needs to be done to reinstate the license.
You can also find out about a license suspension by going to http://My.DMV.NY.gov. Register or login using existing credentials, then click “Restore My Driving Privileges” from the main menu.
The following are just a few of the most common reasons why your driver’s license could be suspended.
The following traffic violations, depending on the circumstances, can also give rise to a suspended license in New York:
Lastly, the following non-moving violations and non-driving related offenses can also cause your driver’s license to be suspended:
The difference between revoked license and a suspended license is that a revocation means your license has been cancelled. Like a suspension, there is a revocation period – usually a year or more -- where you will be unable to drive. Unlike with a suspension, however, when the revocation period ends you will have to re-apply for a new license. In most cases, you’ll have to request permission from the DMV before you apply and the DMV may require you to take the written and/or driving test again (and pay all the associated fees). There is also a chance your request will be denied.
Your license could be revoked if you:
In some cases, a suspended license can be reinstated simply by paying a fee or fine. However, in many cases you will need an attorney to help negotiate the conditions for reinstatement, reduce the fees, or even fight the underlying reason for the suspension. Reinstating a revoked license is typically more complicated and will almost certainly require the aid of an attorney.
Go to our page on How to Reinstate a Suspended License in New York reinstating a suspended license for more information.
Vehicle and Traffic Law section 511 states that if your license is suspended you can be charged with a crime and, in some cases, you can be facing a felony charge with a minimum required prison sentence of 1 year. Oftentimes, drivers will find themselves handcuffed and on their way to jail before ever realizing that they were driving on a suspended license (VTL 511). Unfortunately not knowing that your license was suspended, even when you state that you did not receive any notification in the mail does not completely absolve you from getting arrested and charged with a crime.
The formal charge for driving with a suspended license in New York is called Aggravated Unlicensed Operation (AUO). There are three levels of AUO in the state. Third- and second-degree AUO are misdemeanors, while first-degree AUO is a felony. For more on criminal charges associated with AUO, see our article here.
If you or a loved one is facing potential license suspension in New York based on pending violations or has been charged with driving while suspended, don’t panic! With the help of a skilled attorney, you may be able to remove or mitigate the consequences. Call the Rosenblum Law at 888-883-5529 to schedule a free consultation with one of our attorneys to find out how we can help you.