Your New York State driver’s license can get suspended for all sorts of reasons and you may not even know that it was suspended. It is absolutely crucial to know what a license suspension is and the most common ways in which your New York license can be suspended.
A suspension is different than a revocation. A revocation is an outright termination of your driving privileges for a minimum period of time. After that period of time, you can reapply for a new driver’s license at your local DMV (i.e. your old license is invalid). Once your driving privileges are restored and you are officially issued a new license, you can drive again.
However, a suspension is a temporary loss of one’s driving privileges for a fixed duration of time that terminates automatically. After the suspension ends, you will be allowed to drive again without having to apply for a new license. A suspension can last for only a few weeks or as long as a few years (depending on the offenses you committed and what caused the suspension).
Discovering that you have a suspended license in NY 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.
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, 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.
What Causes a Suspended License?
The following are just a few of the most common reasons why your driver’s license could be suspended.
- Driving Without Registration (VTL 401)
- In New York, driving without registration is more severe than your average traffic ticket. Besides leading to a license suspension, if you are convicted of VTL 401 for not having your vehicle registered, you can incur a fine of up to $300 and can even be imprisoned for up to 15 days.
- Driving Without Insurance (VTL 319)
- Under VTL 319, all cars in New York must be properly insured. A conviction for driving without insurance is extremely serious. You can lose your license for up to 1 year, incur a fine of up to $1,500, and go to jail for up to 15 days.
- DUI/DWI: Driving Under the Influence & Driving While Intoxicated (VTL 1192-1193)
- If you are found guilty of DUI/DWI in New York, your driving privileges will be suspended. Depending on what level your blood alcohol content (BAC) was and whether you are a first-time or repeat offender will determine how long the license suspension will last.
- If your BAC level is above 0.18%, you will likely be charged with Aggravated Driving While Intoxicated. If convicted, your license will be suspended for 1 year.
- If your blood alcohol content (BAC) is over 0.08% but under 0.18%, you can be charged with Driving While Intoxicated (DWI). If convicted, your license will be suspended for 6 months.
- DWAI: Driving While Ability Impaired (VTL 1192)
- If you are convicted of Driving While Ability Impaired (DWAI), your license will be suspended for 90 days. DWAI is usually issued to motorists who are high while driving and/or driving under the influence of drugs. A second DWAI conviction within 5 years of your first could cause your license to be suspended for 6 months.
- Having 11 or More Points on Your Driving Record
- In New York, if you receive 11 or more points within 18 months, your license will be suspended.
- Remember, moving violations have set point values, and the more moving violations you commit, the closer you will be to a suspension on your driving record.
- Think about it: Getting convicted for talking on a cell phone (now a 5 point ticket) while driving 21 MPH over (a 6 point ticket) will cause your license to be suspended. How many New Yorkers do this on the Thruway daily?
The following traffic violations, depending on the severity of your circumstances, can also give rise to a suspended license in New York:
- Abandoning Your Car on a Public Highway (VTL 1224-7)
- Fleeing from a Police Officer
- Found to be at Fault in a Fatal Accident
- “Hit and Run”: Leaving the Scene of an Accident (VTL 600-1a)
- Junior License Holder Convicted of 1 Serious Traffic Violation
- Junior License Holder Convicted of 2 Traffic Violations
- Offering a False Instrument for Filing
- Racing: Unauthorized Speed Contest
- Receiving 3 Convictions within 3 Years for Passing a School Bus
- Receiving 3 Speeding Ticket Convictions within 18 Months
- Reckless Driving (VTL 1212)
Lastly, the following non-moving violations and non-driving related offenses can also cause your driver’s license to be suspended:
- Failing to Comply with a Court Judgment
- Failing to File an Accident Report (VTL 605-a1)
- Failing to Pay Child Support (VTL 510)
- Failing to Pay a NY Traffic Ticket Fine or Court Surcharge
- Failure to Respond to a New York Traffic Ticket
- Having a Medical Condition That Compromises Your Ability to Drive
- Not Showing Up to a Court Appearance
- Sending a Check to the DMV That Bounces
Who Should You Contact?
If you are facing a license suspension or already have a suspended license, contact Adam H. Rosenblum of The Rosenblum Law Firm. His team of experienced New York suspended license attorneys can help you avoid a suspension or help you restore your driving privileges if they were already suspended. Call 888-883-5529 today.