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5 Ways to Lose a Driving Privilege in New York

by Seth Azria on 3/01/2020

 Suspensions related to traffic infractions may come from the DMV or may be initiated by a court. Here a quick review of 5 causes with the potential fixes. 

Court Initiated Suspensions

Court initiated suspensions often are the cause of Unlicensed Aggravated Operation charges. AUO or, driving on a suspended license, is a misdemeanor in New York. Misdemeanors are, by definition, punishable by up to a year in jail. In practice however, we rarely see jail time fro an AUO. Typically, the driver clears the suspension and we are able to negotiate a reduction of the charge. 

A court will direct the DMV to suspend a driving license if a driver:

1. Fails to answer or appear for a ticket; or,
2. Fails to pay a fine to the court. 

Fix: Reply to the Court

When the court reports a driver to the DMV for one of the reasons above, the DMV will send a notice to the driver that their license will be suspended on a certain date if no corrective action is taken.  Typically, the driver will have 30 days to take the corrective action. 

If they do not, the suspension will go into effect and the driver will have to pay $70 to lift the suspension. This suspension lift fee only lifts the suspension, the driver still must pay the fine or address the ticket.

DMV Initiated Suspensions

The DMV keeps track will suspend a driving license if a driver:

3. Acquires 11 points or more on their license in an 18 month period; or,
4. Acquires 3 speeding or misdemeanor convictions in an 18 month period, regardless of the point total.
5. Junior License convicted of a serious traffic violation. 

If a driver has a DJ or MJ junior license, the DMV will suspend a license for 60 days if the driver is convicted on any “serious traffic violation.”  In general, a serious traffic violation is any that carries 3 or more points. Therefore, all speeding tickets would be considered serious.

Fix: Restricted Use Licence 

For drivers suspended by the DMV, a restricted use license might be available for driving to necessities like work and school.

Fix: Changing Your Record

It is sometimes possible to change your driving record by reopening old convictions and substituting a more serious conviction with a less serious one. 

The legal procedure to do this is called a motion coram nobis. If you have been suspended for excessive convictions, please call us at (315) 364-1155 to see if we can change your driving record.

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

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Excellent experience with this law firm from Syracuse. Mr. Seth Azria Esq. handled my speeding ticket in Watertown, NY with no problem for a reasonable $ 250 fee and saved me a plethora of points and high insurance rates. It was difficult to be a tourist with an out of state license plate on a rental car and not being familiar with local speed traps of 30 mph.... I would use the Azria & Bruffett Law Firm again in a minute if I ever get another ticket in NY. It is especially handy that they will take credit cards over the phone or online. Some firms I checked with required cash and I had already left the state.

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I received a "move over" violation in August. After reading many on-line reviews, I contacted D. Bruffett. The paralegal, Shannon, was very helpful and friendly. I had a comprehensive call with D. Bruffett on the same day and he told me what the best outcome could be. Within 2 days, Shannon had gone over all the material I had sent and within a month an agreement was reached with the court as per David's original proposal. Am very happy with the service and efficiency...

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Once again David Bruffett was able to help my husband with a speeding ticket. He was able to reduce his 2 point speeding ticket to ZERO points/ min moving violation. This was important since he had gotten a speeding ticket on The NYS Thruway a couple years ago & Azria & Bruffett Law Firm handle everything for us and kept us informed by email so that We did not have to travel back to Albany from our home in Rochester. And again just recently when my husband got yet another speeding ticket in our home town, Mr. Bruffett was able to help us and again secure his ticket with with zero points/min moving violation. The staff is also very helpful whenever I called with questions, namely Shannon. I highly recommend Azria & Bruffett,