It’s quite common for a New York driver to be pulled over and informed that their license was suspended. In addition to now having to deal with the underlying charge (most commonly Aggravated Unlicensed Operation), the natural question is how one goes about reinstating a suspended New York license. The process for getting a suspended license reinstated will depend on the reason for the suspension. Below are some of the most common reasons for a suspension. In many cases, it is recommended that you contact an attorney to help figure out the reason for the suspension and/or clear it.
|Reason for Suspension
|How to Clear the License Suspension
|License Suspension Due to Failure to Pay a NY Traffic Ticket Fine
|Contact the court which handled the ticket and pay the necessary fines. If you don’t know which court is involved, contact DMV and inquire. Some courts have online fine payment but others do not. It’s on a case by case basis.
|License Suspension Due to Failure to Respond to a NY Traffic Ticket
|Consult an attorney who will most likely advise you to pay a Suspension Termination Fee (STF) to the court. This will typically allow your suspension to be lifted and still allow you to fight the underlying ticket. Don’t plead guilty without consulting a lawyer! Making that move will result in fines, and can add points to your license and increase your insurance rates significantly over the next 3-5 years. Failing to respond to a NYC traffic ticket within a certain time frame can lead to both a suspension and a conviction by default. An attorney may be able to help you file a Request to Reopen a Default Conviction. If the request to reopen the case is granted, your attorney can then help fight the case.
|License Suspension Due to Points
A suspension can happen after you have been assessed 11 points or more.
|In certain cases an attorney may be able to assist by making a Motion to Vacate, which basically asks the court to undo the last conviction. An experienced traffic attorney can usually work with the court system to reduce your last offense to something less serious, such as a non-moving violation depending on the jurisdiction.
|License Suspension Due to Other Convictions Such as Speeding
Three regular speeding convictions or two work zone speeding convictions within 18 months.
|Here again, a Motion to Vacate may be advisable (see above) depending on the situation.
|License Suspension Due to Failure to Pay Child Support
|It is advisable to get an attorney to work with Child Support Services and the Department of Motor Vehicles to have them lift the suspension based on a child support payment arrangement.
|License Suspension Due to a Medical Condition
|A hearing can be requested. Otherwise DMV’s Medical Review Unit and the medical consultant from the NYS Department of Health will inform you when it can be terminated.
|License Suspension for Driving Without Insurance
|You can pay DMV a penalty for each day you were uninsured in exchange for the lifting of the suspension but only if the lapse was 90 days or less. Or you could also prove that you truly were insured.
Most Important: Don’t Get Behind the Wheel!
Whatever the reason for the suspension, it is absolutely vital that you do not drive until it is reinstated. If you get caught driving without a valid driver’s license, you could be forced to pay very harsh fines and even spend time in jail. Having your driver’s license suspended can be very inconvenient, but getting caught driving with a suspended license is even worse. If convicted you will have a permanent New York criminal record that could impair you in many ways.
If you have a suspended license in New York or are facing a potential suspension, contact the attorneys of Rosenblum Law at 888-883-5529. Our team of experienced New York suspended license attorneys can help protect your legal rights, restore your driving privileges, or avoid a suspension altogether.