In New York, drivers risk a license suspension or revocation for a variety of traffic violations. While a lawyer can help you avoid long-term loss, it's important to know the traffic laws. Here's a closer look at the legalities of losing your license. 

What You Need to Know About License Suspensions in New York

What are the most common reasons for suspension?

New York State utilizes a driver point system. Accumulating more than 11 points within 18 months is grounds for a suspension. Additionally, your license may be suspended for failing to pay traffic fines, failure to appear in Court, failure to pay child support, or failure to pay a variety of taxes or government fees. In more serious situations, such as DWI or serious traffic accidents, your license will be revoked. 

How long does a suspension last?

The amount of time a driver loses their license depends on what the violation is and their history. For example, Driving While Ability Impaired by Alcohol (DWAI) as a first offense carries a suspension of 90 days. However, if it's a second violation within five years, the license is revoked for at least six months and usually longer. In such cases, it is important to have a lawyer experienced in the myriad of traffic laws and regulations. For example, for those with Commercial Driver Licenses (CDL), there is a completely different set of rules regarding suspension of that type of license, depending on whether the violation occurred while operating a passenger car or commercial motor vehicle. 

What happens if you drive with a suspended license?

Driving with a suspended or revoked license results in an Aggravated Unlicensed Operation (AUO) charge. There are three AUO levels: third-, second-, and first-degree. A third-degree AUO charge results in a fine of $200 to $500 and up to thirty days in jail, while a second-degree charge raises the fine range from $500-$1,000 and mandatory jail time of 7-180 days. A first-degree AUO is a class E felony with a maximum fine of $5,000 and maximum imprisonment of 1 1/3 – 4 years.  

What are the steps to get the license reinstated?

There are two types of license suspensions in New York: definite and indefinite. With a definite suspension, such as DWAI or some speeding convictions, you wait for the defined period to end and pay a suspension termination fee. You may be eligible for a Restricted Use License during the suspension period, but only one every 3 years. For an indefinite suspension, you must perform an act, such as paying a traffic fine, acquiring insurance, appearing in Court, etc.

Revoked licenses require a different procedure, because your driving privilege has been canceled. To get it back, you must wait until the revocation period has ended and pay all mandatory fines and penalties associated with the conviction. In most situations, drivers also need to reapply to the Department of Motor Vehicles, which a lawyer can assist with. The Department of Motor Vehicles may require you to perform certain acts, like an alcohol evaluation, or provide additional documentation before approving relicensing. This is particularly the case in DWI situations.
 

If you're facing a potential license suspension or revocation in Monroe County, NY, contact Thomas A. Corletta, Attorney at Law to learn more about your options. For nearly 40 years, this lawyer has worked tirelessly on behalf of western New York State residents. From traffic law to criminal defense, he’s committed to protecting the rights of his clients. Review his practice areas online and request advice today at (585) 546-5072.