Suspensions related to traffic infractions may come from the DMV or may be initiated by a court. Here is a quick review of 5 common causes along with their potential fixes.
Court Initiated Suspensions
Court-initiated suspensions often are the cause of Aggravated Unlicensed Operation (AUO) 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 for 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 license if a driver:
- Fails to answer or appear for a ticket.
- Fails to pay a fine to the court.
The 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 a $70 fee to lift the suspension.
Note: This fee only lifts the suspension; the driver must still pay the original fine or address the ticket.
DMV Initiated Suspensions
The DMV also keeps track of your driving record and will suspend a driving license if a driver:
- Acquires 10 points or more on their license in an 24-month period.
- Acquires 3 speeding or misdemeanor convictions in an 18-month period, regardless of the point total.
- Is convicted of a "serious traffic violation" while holding a Junior License (DJ or MJ).
*In general, a serious traffic violation is any that carries 3 or more points. Therefore, all speeding tickets are considered serious for Junior License holders, resulting in an automatic 60-day suspension.
The Fixes: Restricted Licenses & Record Changes
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Restricted Use License: For drivers suspended directly by the DMV, a restricted use license might be available for driving to necessities like work and school.
Learn About Restricted Use Licenses
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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.
Is Your Driving Privilege at Risk?
If you have been suspended for excessive convictions or failed to answer a ticket, please contact us to see if we can help clear your suspension and protect your driving record.