Common Offenses That Lead to a Suspended License in NY

Sometimes we forget that driving offenses can impact our lives in ways we never imagined. Sure, we all know that violating the rules of the road usually lead to unwanted fines and tickets, but certain offenses will actually result in your license being taken away altogether.

If you continue to drive after your license has been suspended, you are risking serious jail time and the possibility of permanently losing your license.

The best way to avoid a driving with a suspended license charge is to make sure your license never gets suspended in the first place. Problematically, many drivers are not even aware of the offenses that led to such a suspension. ( also read our post about ways to avoid a speeding ticket in NY)

Common Offenses That Lead to a Suspended License

The following are nine common offenses that will usually result in your NY driver’s license being suspended:

1 – If you received three speeding tickets within 18 months

2 – If you are driving without insurance on your vehicle

3 – If you accrued more than 11 points within 18 months

4 – If you are driving under the influence (DUI)

5 – If you are under 21 and caught with a blood alcohol content (BAC) level of 0.02 (even if you are not under the influence or intoxicated)

6 – If you refuse to submit to a chemical test (for drug or alcohol use) after being arrested for driving while intoxicated (DWI)

7 – If you failed to pay child support

8 – If you ignored a court judgment resulting from a traffic accident

9 – If you issued a bad check to the DMV

It is crucial not only to try your best to keep your record clean, but also to stop driving if you fall into any of the above categories. Remember, even if you have to find someone else to drive you to work temporarily, it is much better than risking jail time, an expensive fine, or your ability to ever drive again.

If you or anyone you know had their NY driver’s license suspended recently and needs it to be reinstated, be sure to email or call the Rosenblum Law Firm at 888-883-5529.

Driving with a Suspended License

Driving on a Suspended License

 

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NY State Senate Holds Hearing on Ban on Driver Use of Portable Electronic Devices

 

In response to last December’s call by the National Transportation and Safety Board (NTSB) for a nationwide ban on driver use of portable electronic devices, the New York State Senate is holding hearings on distracted driving.National Transportation Safety Board (NTSB) for a nationwide ban on driver use of portable electronic devices, the New York State Senate is holding hearings on distracted driving.

Testifying at the New York State Senate hearing is NTSB Vice-Chairman Christopher Hart, State Police Superintendent Joseph D’Amico, New York State Commissioner of Motor Vehicles Barbara Fiala, and representatives of AAA, Auto Alliance and Toyota.

 According to the National Highway Traffic Safety Administration, over 5,400 people were killed and an estimated 448,000 were injured nationwide in crashes involving distracted driving in 2009.  It was statistics such as this which led the NTSB to urge all 50 states and the District of Columbia “to ban the non-emergency use of portable electronic devices (other than those designed to support the driving task).”

The first accident caused by distracted driving that was investigated by the NTSB was in 2002.  An automobile driven by a woman who was talking on her cell phone crashed, killing five people.

Here is a brief of list of other tragedies that led to today’s New York Senate Hearing as well as the NTSB’s call for a nationwide ban on driver use of portable electronic devices:

  • A bus accident in 2004 where 11 high school students were injured.
  • A 2008 collision of a commuter train with a freight train in California where 25 people died and dozens were injured.
  • A boating accident in 2010 where two tourists were killed.

New York Vehicle and Traffic Law sections 1225-c and 1225-d prohibit the use of hand-held mobile telephones and portable electronic devices (texting).  Conviction for violating New York’s cell phone law carries a fine of $150 and 3 points on your driving record.

For a free consultation about experienced and vigorous defense of your New York cell phone ticket or any other traffic violation, call 1-888-883-5529, or send us an e-mail to tell us about your case.

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10 Ways to Avoid a NY Speeding Ticket

 

  1. Do not speed and follow all of the rules of the road.
  2. Drive within 5-10 mph of surrounding traffic. It is human nature to notice things that are different from the rest, which means that if you are driving faster than the other cars on the road, police will notice you and give you the ticket.
  3. Do not speed if you are the only car on the New York Thruway.
  4. Drive in the middle of the pack. If you lead the pack and the pack is speeding, then you will receive the New York speeding ticket.
  5. Drive in the right lane and use the left lane only to pass another vehicle.
  6. When changing lanes, use your signals and proceed cautiously.
  7. Do not tailgate, drive aggressively or change lanes frequently because such behavior will attract the attention of police officers.
  8. Follow a “Rabbit”. If you cannot find a pack of cars while driving on the New York Thruway near Albany, locate a car who is traveling at the speed you want to go and just lock your gas pedal in cruise control going his speed while you stay about 50 yards back. If there is a trooper, he will ticket him instead of you.
  9. Do not drive a red or other bright colored automobile. Again, the point is that you do not want to draw attention to yourself on the road.
  10. Search out and make a mental note of speed cameras. More and more speed cameras are being mounted along highways. Sometimes speed cameras are placed on top of vehicles on the side of the road.

 

Even with carefully observing the ten tips listed above, you might be stopped by a New York police officer. If so, there are some other simple hints on how you might be able to “get out of the ticket”.

 

  1. Maintain a good driving record because police tend to be more lenient with good drivers.
  2. Pulling over immediately and staying in your car shows your cooperation to the police officer and helps reduce any tension.
  3. Keep your hands visible on the steering wheel. This is another way of helping the officer feel at ease.
  4. Be polite and courteous to the officer when he asks you questions. Police are more likely to be tough to an argumentative driver than to a respectful one.
  5. When asked for license and registration, move slowly to avoid making the police nervous.
  6. Although some say excuses help avoid a New York speeding ticket, others insist they do not.

There are also many myths about speeding tickets in New York.  Many Canadians who are driving through New York State receive speeding tickets,  If you are a Canadian caught speeding and are looking for ways to fight your ticket click here.

New York Speeding Ticket

Speeding in New York


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A Trio of School Bus Bills Passed by The New York State Senate

The New York State Senate recently passed three school bus bills to advance child safety while making school bus signs more economical.

Senate Bill S.2371

New York law currently permits school districts to put their phone numbers on the back of school buses.  With the internet age, many school districts have created websites to advance communication.  Senate Bill S.2371 would give school districts the option to put their website address on their school buses.

Senate Bill S.4488

In an attempt to encourage cost-savings for school districts, the senate passed a bill to allow school bus signs to be constructed with reflectorized material.  At present, New York law requires such signs to be illuminated.

Senate Bill 3099A

The third bill passed by the senate increases the penalties for passing a stopped school bus.  The new law would mandate a 60-day suspension of a driver’s license if convicted of passing a stopped school bus two or more times.  If your are facing a suspension of your driving privileges for any reason, call Adam H. Rosenblum, your New York traffic attorney.

New York Vehicle and Traffic Law 1174 (VTL 1174) requires a driver approaching a stopped school bus that is receiving or discharging passengers to stop his vehicle before reaching the school bus.

A first conviction for violating New York VTL 1174 carries a fine up to $400 and up to 30 days in jail.  For a second conviction, the fine may be a maximum $750 with the possibility of up to 180 days in jail.  If convicted a third time, the penalty is a fine of up to $1,000 and a possible jail term of up to 180 days.

In addition, if convicted of violating New York law prohibiting passing a stopped school bus, the New York Department of Motor Vehicles will add 5 points to your driving record.  Another conviction of violating a New York traffic law within 18 months, a driver will likely have to pay the Diver Assessment Fee that is imposed on drivers who get 6 or more points on their driving record.  The fee is $300 for 6 points and $75 for every point above 6.

If you have been issued a New York traffic ticket for violating a New York VTL 1174 or any other traffic law, contact the aggressive NY traffic lawyers of The Rosenblum Law Firm.  Call 888-883-5529 today.

 

 

 

 

 

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CDL Drivers With NY Traffic Tickets

 Receiving a New York traffic ticket if you are CDL license-holder such as a truck driver is much more serious than if you are the holder of a regular New York driver’s license.  As will be explained, the penalties for holders of a commercial driver’s license (CDL) are broader and more severe.  Simple traffic tickets can terminate your livelihood for significant period of time.

 

4 Points of Difference

Four points of difference between NY traffic tickets issued to a holder of a CDL and a holder of regular NY driver’s license:

  1. If you are convicted of two “serious traffic violations” involving a commercial vehicle within a three-year period, you will lose your CDL for 60 days.  If you are convicted of three “serious traffic violations” in three years, then you lose your CDL for 120 days.  The convictions of the “serious traffic offenses must not arise from the same incident.  Following is a list of “serious traffic violations”:
  • Speeding 15 or more above the posted limit
  • Reckless driving
  • Improper or unsafe lane changes
  • Tailgating
  • Traffic offenses committed in connection with a fatal traffic accident
  • Operating a commercial motor vehicle without a CDL
  1. Many trucking-related tickets for NY truck drivers carry criminal penalties.  A criminal record results in large fines, license suspension and higher auto insurance rates.
  2. If you are not working and receive a ticket while driving a private vehicle, your Commercial Driver’s License (CDL) may still be affected by the ticket.  As will be discussed later, the risk of revocation or suspension of a CDL is very serious.
  3. If you receive a ticket while driving a truck and fail to answer it, the default judgment fine is large and can exceed $1,000.

The most significant difference between CDL and regular driver’s license is in revocation of driving privileges.  It is important to note that when your license is revoked, in order to restore it, you must start from step one of the driver license application process as if you were a new driver, whereas when your license is suspended, you can restore your previously held license after the suspension period.

Your CDL will be revoked for a minimum of one year if the driver commits a major traffic offense (MTO).  Here is a list of possible MTOs:

  • Leaving the scene of an accident.
  • Refusal to submit to a breathalyzer test.
  • Conviction of driving while impaired because of alcohol or drugs.
  • Felony conviction involving the use of an auto or truck.

Permanent Revocation of your Commercial Driving Privileges will occur if the driver commits one of the MTOs previously stated and the driver previously did one of the following:

  • Refused a breathalyzer
  • Convicted of an MTO while driving another car
  • Convicted of leaving the scene of an accident.
  • Convicted of a drug or alcohol related offense.
  • Convicted of a felony involving the use of an automobile.

For a holder of a CDL, your livelihood is dependent on your driving privileges.  Therefore, if you are a truck driver who has been issued a NY traffic ticket, it is extremely important to hire an aggressive New York traffic lawyer who can help you lessen the severity of the charges.  Call 888-883-5529 to speak with an attorney at The Rosenblum Law Firm.

New York CDL Drivers with traffic tickets

New York Truck Drivers with traffic tickets

 

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