Driving is a privilege, not a right, which should not be taken for granted and many have lost this privilege for extended periods of time. Having your license suspended in New York is not as far-fetched as some drivers are willing to believe and the ramifications can be quite unpleasant. The reasons for license suspensions vary, as do the fines and penalties, depending on the type of suspension. Driving with a suspended license is a misdemeanor and carries potential jail time. In this article we will cover the New York laws governing license suspension. Show
Reasons for License suspension:
Types of suspensions: There are two types of license suspension;
Indefinite suspension: This means that your license will be indefinitely suspended until further action is taken to restore the license. (See Reinstate you License). This will usually result from the following:
Definite suspension:This is when DMV issues period-based suspensions ending on a specific date. This usually occurs when:
DWI and DWAI License suspension:As mentioned above, DWI and DWAI penalties and suspension vary on a number of factors, including; age, substance, license type and chemical test refusal.
License Suspension Under age 21:Typically if you’re caught driving with a BAC of .02% or higher, you’ve violated a zero-tolerance law and face the following penalties;
Please note that the above applies to a first offense. A second offense will result in license revocation plus all of the above. In the case of DWI involving drugs your license will be revoked. Suspension hearings and appeals in NY:
Suspension termination fees.Suspension may involve a number of fines and fees and suspension termination is a charge in itself. In general, the fee is $70 per suspension, but it is capped at $400 per court. Suspension termination fee payment options
In all cases, it depends on the origination of your suspension. If the problem was an unpaid fine at a local justice court, you can only pay THAT COURT, for example. Once again, check your driver abstract carefully. When do you get your license back?Your license will not be ‘cleared’ until all fees have been paid, or other defaults corrected. If you have a definite suspension, the suspension will not end until the date indicated. If you pay the termination fee before this date, your new license will be mailed to you no later than three days after the suspension date. Your license will NOT be mailed in any of the following scenarios;
What happens if I drive with a suspended license?
In all of these instances, there are state surcharges imposed as well.
As we have read in this article, losing your driving privileges are not as far-fetched as we tend to think. The next time you enter your car to do your local shopping or what have you, stop and imagine for a moment what life would be like without the right to jump into your vehicle and take care of whatever you need to care of… License suspension can get quite complex and many times the guidance of an experienced attorney is How do I get my license unsuspended in NY?You may be required to take the written and driving tests again and pay a license reapplication fee. Your application may be denied if you have a high risk driving record or fail to meet DMV requirements. You may also need to pay a driver civil penalty before your license or driving privilege can be restored.
How long does it take to get your license unsuspended in NY?The suspension is typically for 60 days. Accumulation of points. In NY, after accumulating 11 points or three speeding tickets within 18 months your driving privileges will be suspended. The 18-month period will begin from the date of the first violation, not the date of being found (or pleading) guilty.
How long does it take for a license to be reinstated in NY?Getting your New York driver's license reinstated is a two-step process—depending on the severity of the violation, this process could take a week or sometimes years. You'll have to pay the state's reinstatement fee and submit the correct paperwork before you get your driving privileges back.
What happens if you drive with a suspended license in NY?Aggravated Unlicensed Operation (AUO) is driving while your license is under suspension or revocation. pended or revoked license or privilege to drive. It is punishable by a of $200–$500, a mandatory surcharge, and possible imprisonment up to 30 days or probation. AUO-2nd degree.
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