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Traffic Defense Articles

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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Mr. Azria is a thorough professional that explained me the complete process up to the dismissal of my case. Shannon in the office is a true gem. The entire process was handled with complete and clear explanation in each email. Highly recommend them for your traffic issues.

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I was stopped by a NY state trooper for speeding on my way back to Canada right before the border crossing on I-81 in Mar. 2020. (Please be mindful about the signs of reducing speed. I didn't slow down quick enough). It was the first time I was stopped by a cop and I had no idea what I should do about this ticket. I searched on Google and decided to contact Mr. Azria. He was very nice to talk to and clarified all the questions I had regarding the ticket. In the end I did the online traffic safety training by Jefferson County. Mr. Azria helped me organize my correspondence with the DA and the court all the way through. I was quite fortunate to find him to fight the ticket for me. He and his assistant was very professional and knowledgeable. My charge was reduced to "failed to signal" and 2 points deduction. I appreciate the advice and help from Mr. Azria.

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I needed an expert to help me navigate a speeding ticket in the courts. I was from out of town and Seth was great at explaining the options. I left it in his hands and he was able to negotiate and took care of whatever was necessary. He made it extremely easy and I was happy with the results. Highly recommended.

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Azria & Bruffett Law Firm has handled thousands of traffic ticket cases all over New York State. We have extensive experience that helps us inform, predict, and handle your case smoothly.

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