NewsSeptember 5, 20240 comments

Common Offenses That Lead to a Suspended License in New York

We frequently overlook or undervalue our ability to drive, regarding it as a right rather than a privilege. Though most of us know that there are fines and penalties for breaking traffic laws, we may not realize that some infractions carry stricter penalties – such as the suspension or revocation of a driver’s license.If you find that your license has been suspended because of a DWI/DUI or as the result of another traffic violation, you need to talk to a DWI/DUI lawyer or traffic ticket attorney. Find out more about your rights, as some suspensions result from activities unrelated to driving. Learn more about your rights – Contact a traffic ticket attorney or DWI/DUI Lawyer in New York.

Schedule a Free Initial Consultation Today!

Driver’s License Suspension vs Revocation: What’s the Difference?

License suspension encrypted on a note pad

If you get a license suspension, you can’t legally drive for a specific time. When the suspension ends, the DMV will reinstate your driving privileges. The length of the suspension depends on the reason for the penalty and, therefore, can span from a few days to several months.

Some of the common reasons include:

Getting a DWI/DUI conviction
Not carrying auto liability insurance
Getting too many traffic tickets in a short amount of time
Failing to pay a fine
Not filing an accident report
Not paying state taxes
Failing to pay child support
Having a medical condition, such as epilepsy

Revocation of a driver’s license means the license was canceled, and you lost your driving privileges. You may reapply for a new driver’s license after the revocation period ends. This may involve paying fees and taking tests.

The DMV may refuse to accept your application for a notably bad driving record or if you don’t meet agency requirements. If it permanently revokes your license, you can’t get a new one, even if you attempt to do so.

A License Suspension: What Does It Really Mean for You?

We cannot overstate the seriousness of the DMV suspending your driving privileges; it is more serious than merely trying to find another way to get around town.

Below are some situations this event may affect:

Employment – Some jobs require an employee to hold a valid driver’s license to perform their duties satisfactorily, while others require it just for commuting.
Managing Personal Responsibilities – Mundane activities like grocery shopping become exponentially harder when simple transportation becomes a complicated activity.
Experiencing Increased Insurance Rates – Even after reinstatement, expect premium rates to rise significantly from where they once were before any lapses (especially during periods following multiple offenses).
A Negative Mark on Your Criminal Record – A criminal record that features a license suspension can limit future opportunities depending on the kind of work you’re seeking post-conviction.

Driving with a Suspended License: The Dangers

A man driving a car with suspended license

If you decide to operate an automobile with an invalid license, there is much more at stake than legality alone; here’s what might happen if caught by authorities:

Jail Time – Depending on where exactly the act took place and under what circumstances, imprisonment terms could range from days to years behind bars.

Heavy Fines – The monetary penalties associated with being caught driving on a suspended or revoked license can exceed several thousand dollars.

Common Offenses that Lead to a Suspension and What You Can Do to Avoid These Violations

Getting Several Speeding Tickets in a Short Period of Time

Having three speeding tickets within 18 months in New York can lead to a license suspension. Therefore, follow speed limits at all times.

Here are a few tips on how to prevent speeding:

Always pay attention to posted speed limits.
Use the cruise control when driving on highways.
Leave early enough so that you do not have to rush.
Slow down in speed traps and areas with heavy enforcement.
Pay attention to speed limits in work zones. The system in these zones uses radar to catch speeding motorists. The system triggers a camera to capture photos and record the speeds of passing autos.

Driving Without Insurance

Illustration depicting a sign with an uninsured drivers

Driving an uninsured vehicle is illegal and extremely dangerous. Insurance protects you financially in case of accidents/ To avoid this situation:

Set up automatic payments for your insurance premiums.
If cost is a concern, shop around for affordable insurance options.
Consider a use-based insurance program if you rarely drive.

Getting Too Many Points on Your DMV Record

In New York, getting 11 or more points within 18 months will result in a suspended license. Different traffic violations carry different point values, with the more serious ones having higher points attached.

To ensure that you have as little points as possible:

Always obey every traffic law consistently.
Sometimes, defensive driving courses can help take off points from your record.
When given a ticket, explore plea bargains or traffic school options that reduce the points awarded.

Driving Under the Influence (DUI)

This is one of the most severe traffic offenses. DUIs attract hefty fines, jail time, and loss of driving privileges, among other penalties.

Here is how you can avoid getting charged with DUI:

Plan ahead when you plan to drink. Use services like rideshares or taxis, assign someone who will not drink as the driver, or plan a sleepover at your host’s place, if necessary,
Know that certain drugs impair your ability to drive.

Remember, even if your blood alcohol level is below the legal limit, you can still be charged with the offense if your driving skills are impacted.

Zero Tolerance Laws for Young Drivers

Drivers under the age of 21 can get their licenses suspended for having even a small amount of alcohol in their system. This reflects the stricter standards applied to younger and less experienced drivers.

Below are tips for young people who drive:

Do not drink any alcohol before driving,
Understand that some medications or foodstuffs may contain small amounts of alcohol, which, can register on tests,
Peer pressure should not be allowed to put your license and future at risk.

Refusing a Chemical Test

Refusing to take a chemical test when suspected of DUI can lead to automatic license suspension regardless of whether you are drunk or not because of implied consent laws.

To avoid this situation:

Know your rights and what happens if you decline,
If you have not been drinking, it is usually advisable to take the test
Keep contact details for a DWI/ DUI attorney on your smartphone

Failure to Pay Child Support

Child support payments. Documents in a court

Though unrelated to traffic matters, failure to pay child support payment(s) attracts suspension of driving privileges. This is done to enforce compliance.

You can avoid a suspension by:

Giving priority towards making timely full payments each month,
Requesting adjustments from relevant authorities when facing temporary financial difficulties – meeting obligations fully or partially,
Communicating changes that affect your ability to meet your obligation promptly.

Ignoring Court Judgments from Traffic Accidents

Failing to pay damages awarded against them or a failure to appear at certain court proceedings can lead to a license suspension.

Writing Bad Checks to the DMV

Someone’s license can be suspended by writing a check that bounces–due to insufficient funds–to the Department of Motor Vehicles (DMV).

Here’s how you can prevent it:

Always ensure that there is enough money in your account before writing checks.
Use credit cards or money orders as an alternative payment method for DMV transactions.
Notify both your bank and the DMV immediately if you accidentally write a bad check.

The Need To Stay Informed

Many drivers do not know how many ways to lose their driver’s license. It is important then to:

Keep track of your driving record and check its accuracy.
Get updates on current traffic laws and regulations.
Settle any tickets or citations issued promptly and without delay.
Hiring a traffic lawyer when facing a possible suspension from driving privileges.

Immediate Suspension for DWI/DUI

Refusing a Chemical Test: At arraignment – before conviction – if you refuse a Breathalyzer or other chemical test, your license is immediately suspended.
Per Se Law: If your BAC is .08 percent or higher, your driver’s license will be subjected to immediate suspension.

Post-Conviction Suspension for DWI/DWAI in New York

DWI Conviction: A 6-month minimum revocation period typically applies when you’re convicted for driving while intoxicated (DWI).
DWAI Conviction: Driving while ability impaired (DWAI) by alcohol leads to ninety days’ suspension of your driving rights.
Zero Tolerance Law: For drivers aged below 21 years, any BAC between .02 percent and .07 percent leads to a six-month license suspension following a DMV hearing.

Aggravating Factors for DWI

Multiple Convictions: Subsequent DUIs within a specific time frame might cause lengthy suspensions or permanent bans from driving.
Extremely High BAC: A DWI charge with a BAC level exceeding 0.18 percent, typically leads to a driver’s license suspension of not less than 12 months. A second offense of aggravated driving while intoxicated (AGG DWI) lengthens a suspension to at least 18 months, and a third AGG DWI results in a revocation of at least 18 months.
Leandra’s Law Violation: This law is also known as the Child Passenger Protection Act. Under this legislation, a person who operates a vehicle while under the influence, with a child aged fifteen years or younger as a passenger, risks losing his/her right to drive legally for at least one year.

Administrative Vs. Court Ordered Suspensions

Suspension of a motorist’s driving privileges can be done either administratively or through a court order:

Administrative actions taken by the Department of Motor Vehicles (DMV) are independent from any suspension imposed by the courts.
Concurrently or consecutively, these suspensions can run together depending on the factors connected to individual cases.

Procedure for Restoring Driving Privileges

Following the suspension period, there are certain things you might have to do:

Pay a reinstatement charge.
Show that you finished all necessary alcohol education or treatment courses.
In some cases, an ignition interlock device must be installed on your vehicle.
You may need to reapply for your license and take a driving test again.

Contact a Traffic Ticket Lawyer or DWI/DUI Attorney Today If Your License is Suspended

A traffic ticket attorney or DWI/DUI lawyer can help you realize a better outcome than a license suspension. Make sure you have a legal advocate on your side. Contact a New York criminal defense lawyer for a case review and consultation now.