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Long Island, New York Criminal Defense Blog

Monday, December 29, 2014

Driving With A Suspended And/Or Revoked License in New York

Driving a motor vehicle legally in New York State is a privilege that you are afforded by the Department of Motor Vehicles and not a right.  You can have your driving privileges suspended or even revoked for any number of reasons. Many drivers on the road do not even realize that their license is suspended and are actually committing a crime when they get behind the wheel with a suspended license.  Most do not know the ramifications of getting pulled over while their driving privileges are suspended and/or revoked.  Both the District Attorneys Office’s in Nassau County and Suffolk County and the Courts take these offenses very seriously.  Without the right guidance from an experienced lawyer on your side, the prospect of going to jail and/or prison for driving with a suspended or revoked drivers license is an unfortunate reality.
 
In New York How Can I Get My License Suspended or Revoked?

There are many different reasons why a driver’s license can be suspended by the State of New York.  Some of the most common reasons why a New York driver’s license can be suspended or revoked include:

-Getting convicted of 3 speeds and/or misdemeanors within 18 months.
-Getting convicted twice in a construction zone within 18 months.
-Accumulating more than 11 points in an 18 month time-frame. 
-Failing to answer a traffic ticket.
-Failing to pay a fine.
-Failing to pay the Driver’s Responsibility Assessment.
-Failing to file a motor vehicle accident report.
-Failing to pay child support.
-Failing a DMV Road Test.
-Unpaid NYS tax debts.
-Driving without insurance.
-Being involved in an uninsured accident.
-A conviction for an alcohol or drugged driving offense.
-A conviction for a penal law drug offense.
-A conviction for a serious traffic offense or multiple offenses.
-Making a false statement on an application for a license or registration.
-You were the driver in an accident that involved a fatality.    

The most common way that drivers find their licenses get suspended is when they fail to respond to a simple traffic ticket.  This can include ignoring a ticket, not making a court appearance, or being found guilty of a charge and then failing to pay the fine.  Any of these actions will result in having your drivers license suspended in New York.

If you have a drivers license issued by another state, NYS DMV can and will revoke your privilege to drive in New York State.  With the increase dramatic advances in computer technology, most states DMV’s share all their information. A license suspension or revocation will usually be communicated to other states even if you move to a different state. Running away from tickets or previous violations most often proves futile as many states freely exchange this information to make sure each driver has one uniform driving record.  If your driver’s license in New York State is suspended, another state will not allow you to receive a drivers license in that state until the underlying suspensions in New York are resolved.

In New York State, driving when your license is suspended and/or revoked is called “Aggravated Unlicensed Operation of a Motor Vehicle.”  There are 3 degrees of severity associated with Aggravated Unlicensed Operation of a Motor Vehicle (511.1, 511.2 and 511.3).  511.1 and 511.2 are misdemeanors while 511.3 is a felony punishable by up to 4 years in state prison.  In Nassau County and Suffolk County, the prosecutors will often  want the defendant’s drivers license be fully cleared of all suspensions and/or revocations before making any type of plea reduction.   

If you know or believe that your drivers license in New York State or your privilege to drive in New York State is suspended and/or revoked, contact the Law Firm of Michael A. Arbeit, P.C. immediately to schedule a free confidential consultation.  We are always available 24/7 at (516) 766-1878.




Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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