By Michael Arbeit
Founding Attorney
Founding Attorney
If you have been caught driving on a suspended license in New York (also known as aggravated unlicensed operation), it is important to understand the potential consequences and steps you can take to remedy the situation. Michael A. Arbeit, P.C. can help you navigate legal remedies should you be in the position of driving on a suspended license and facing serious consequences as a result of this driving violation.
Considerations When Driving On A Suspended License
- Understand the Charges: Driving with a suspended license in New York is a serious offense. It can be classified as a misdemeanor or even a felony, depending on the circumstances.
- Seek Legal Advice: It is crucial to consult with a lawyer who specializes in traffic law. An attorney can help you understand your specific situation, the severity of the charges, and the best course of action.
- Prepare for Court and Consider Possible Defenses: If you are required to appear in court, it is important to be prepared. Your lawyer can help you gather any necessary documentation and develop a defense strategy. Depending on your specific circumstances, the following defenses might be available to you:
- Lack of Knowledge of Suspension: The driver may argue they were not aware that their license was suspended. In New York, the prosecution must prove that the driver knew or should have known about the suspension.
- Improper Notification: If the Department of Motor Vehicles (DMV) failed to properly notify the driver of the suspension, this might be a valid defense. The DMV is required to send a notice to the driver’s last known address.
- Validity of the Original Suspension: Challenging the validity of the initial license suspension can be another defense. This could involve questioning the reasons for the suspension or the process followed by the DMV.
- Mistaken Identity or Incorrect Records: The defendant can argue that the suspension was a result of a clerical error or mistaken identity.
- Necessity or Emergency: In rare cases, driving under a suspended license may be justified if done during an emergency where no other transportation options were available.
- Process Violations: If there were procedural errors or violations of the driver’s rights during the arrest or handling of the suspension, these errors could be used as a defense.
- Conditional or Restricted Licenses: If the driver had a conditional or restricted license, they might argue that their driving was within the permitted conditions.
- Potential Penalties: Penalties for driving with a suspended license in New York can include fines, further suspension or revocation of your license, and possibly jail time, especially if it is not your first offense.
- Resolve the Suspension: It is important to address the underlying reason for your license suspension. This could involve paying fines, taking care of traffic tickets, or completing a mandated course.
- Avoid Further Violations: While your case is pending, and after, it is important to avoid any further driving without a valid license or committing other traffic offenses.
- Consider Plea Bargains: In some cases, your lawyer might be able to negotiate a plea bargain to reduce the charges or penalties.
- Compliance with Court Orders: Make sure you fully comply If you are given any specific instructions by the court, such as attending a driver improvement course.
- Future License Reinstatement: Try to figure out a way to have your license reinstated legally. This might involve satisfying specific requirements set by the Department of Motor Vehicles.
Each of these defenses and remedies has its own complexities and requires a thorough understanding of the law as well as the specifics of your individual case. It is important to consult an attorney experienced in traffic offense law in New York who can provide legal advice tailored to your situation. Contact Michael A. Arbeit for an initial consultation.