A driver’s license suspension in New York means you cannot legally drive in most other states. It can also affect your ability to get a driver’s license in another state.
A Rosenblum Law attorney can navigate license suspensions with ease. For example, we can assist in meeting the requirements for license reinstatement or obtaining restricted driving privileges. Contact us today for more information on how we can help, and keep reading to learn more.
Understanding License Suspension in New York
A driver’s license suspension in New York takes away driving privileges for a definite or indefinite period of time. A definite license suspension has a start and end date, while an indefinite license suspension remains in effect until it is lifted.
The reason one’s license is suspended can dictate whether the suspension is definite or indefinite, as well how long it lasts.
Common reasons for a definite suspension include:
- Failure to have automobile liability insurance
- Being convicted for impaired driving
- Receiving three misdemeanor traffic charges within 18 months
- Failure to follow the rules for junior drivers
Common reasons for an indefinite suspension include failure to:
- Answer a traffic summons to court
- Pay a required Driver Responsibility Assessment (DRA)
- File a motor vehicle traffic report
- Pay child support
- Pay New York state taxes owed
- Have automobile liability insurance
If someone receives an indefinite suspension, they must rectify the situation that caused the suspension in order to be reinstated. They may also need to pay a suspension termination fee. For example, if someone’s license is suspended because child support has not been paid, submitting proof to the court that child support is up to date will reinstate the license.
New regulations prevent license suspensions in New York for unpaid traffic fines. Instead, drivers can enter into a payment plan of $25 per month or 2% of their net income, whichever is greater. These same regulations require that drivers be given more notice of license suspensions.
When someone’s license is about to be suspended, they will get a notice (aka order) in the mail. The order will state the reason for the suspension, the duration of the suspension if it is of definite length, and how to become reinstated. Driving after one’s license has been suspended, known as aggravated unlicensed operation (AUO), is a crime.
Interstate Driving Laws
Both the Driver’s License Compact and the Non-Resident Violator Compact have similar guidelines when it comes to interstate driving laws. Under the Driver’s License Compact, any traffic violations in a participating state are forwarded to the driver’s home state.
In states where the Driver’s License Compact has been adopted, one cannot get a driver’s license in another state if their license is suspended in New York. They must resolve the suspension in New York first.
The Non-Resident Violator Compact extends cooperation among jurisdictions when it comes to traffic violations committed in a state other than the driver’s home state. This can mean that their license in New York can be suspended for failure to appear in traffic court in another state, for example.
Consequences of Driving with a Suspended New York License in Another State
If caught driving with a suspended New York license, the driver is charged with AUO. They can be arrested and may need to post bail. There are three different levels of AUO:
- A first offense is an AUO in the third degree, which is a misdemeanor that comes with a fine of $200-500, up to 30 days in jail, and/or probation.
- A second offense within 18 months is an AUO in the second degree, which is a misdemeanor punishable by a minimum $500 fine and up to 180 days in jail or probation.
- If the driver has 10 suspensions from different dates or is impaired at the time of driving while their license is suspended, they are charged with AUO in the first degree. This is a felony that comes with a fine of $500-5000 and a mandatory jail term of four years or probation.
These are the laws in New York; other states may have different laws and penalties for driving with a suspended license. This means if someone is caught driving with a suspended New York license in another state, it may be a crime or a traffic violation in that state. If it is a crime, they could be arrested and need to post bail, and the New York Department of Motor Vehicles would be notified.
Driving with a suspended license has other consequences. In particular, additional suspensions can be placed on their license, and insurance rates can go up considerably.
How an Attorney Can Help Someone Whose License is Suspended in New York
An attorney can help someone with a suspended license in a number of ways.
Legal Advice
The attorney can provide a detailed explanation of the driver’s rights and restrictions under a suspended license, depending on the reason and type of suspension. They can also clarify state-specific laws and regulations about driving with a suspended license and how to get it reinstated.
Representation
If someone is charged with driving with a suspended license, the attorney can represent the driver in court and negotiate for reduced penalties.
License Reinstatement
The attorney can help the driver get their New York license reinstated. If the driver doesn’t know why their license was suspended, the attorney can discover the reason and what needs to be done to address it, such as answering a ticket, paying fines or attending a driving course. If the license cannot be reinstated until a certain date, the attorney may be able to advise on obtaining a restricted license.
Steps to Take if Your License is Suspended in New York
Take the following steps upon receiving notice of a license suspension:
- Review the suspension notice carefully, note the date the suspension starts, and make sure to stop driving by that date until the issue is resolved.
- Read the rest of the notice carefully, as it will explain why the license is suspended and how to get it reinstated. If it is a definite suspension, the end date will be listed.
- Contact an attorney to help explore options for reinstatement or a restricted license. Also called a hardship license, this be available depending on the reason for the suspension.
FAQs
Can I drive in another state if my New York license is suspended?
No, you cannot drive in another state if your New York license is suspended. This is true regardless of whether the state is a member of the DLC or the NRVC. If New York is your home state and your New York license is suspended, you do not have driving privileges.
What happens if I get caught driving in another state with a suspended New York license?
If you get caught driving in another state with a suspended license, you will be subject to the laws in that state. If, like in New York, it is a crime to drive on a suspended license, you may be arrested and need to post a bond. New York state will be notified of the charge, and additional license suspensions could be forthcoming.
How do the Driver’s License Compact and Non-Resident Violator Compact affect my situation?
All member states of the DLC and the NRVC will honor the New York license suspension and refer the charge of driving with a suspended license to New York for additional repercussions. New York can also take action to help other states enforce compliance by New York drivers who drive on a suspended license in another state.
Can I obtain a license in another state if my New York license is suspended?
In general, you cannot obtain a license in another state if your New York license is suspended. However, some states that are not member states of either compact may issue a new driver’s license in their state without checking with the New York DMV.
Are there any states that do not adhere to the DLC or NRVC?
Georgia, Maine, Michigan, and Wisconsin do not adhere to the DLC. Alaska, California, Michigan, Montana, Oregon, and Wisconsin do not adhere to the NRVC. Despite this fact, it may still be illegal to drive in those states with a suspended NY license (see local laws).
How long does a typical license suspension last in New York?
The typical license suspension in New York is six months to one year, but the time period varies based on the reason for the suspension.
Resources and Support
These resources and support links will help individuals with a New York suspended license understand their rights and responsibilities.
- New York DMV: Suspensions Information
- NYSDMV Guide: A guide to suspension of driving privileges in New York state
- National Center for Interstate Compacts: An overview of the Driver’s License Compact
- Ballotpedia: An overview and text of the Non-Resident Violator Compact
- Driving-Tests.org: A directory of DMVs across the country
Contact Rosenblum Law Today
Interstate driving with a suspended license is never a good idea. If your license is suspended in your home state, it is considered suspended in most other states. It is important to seek legal assistance for removing or resolving a license suspension before driving in New York or another state.
Rosenblum Law attorneys are familiar with interstate coordination in cases where an individual has been driving on a suspended license in another state. They also have experience in assisting individuals with reinstating their license or getting a restricted license to avoid criminal charges. Contact us today for a free consultation.
