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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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Seth and his team have always been my go to. Between his professional and prompt attitude and his ability to handle most cases via email or remotely without my presence. I couldn’t recommend anything better in terms of legal service.

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Seth Azria was recommended to me by a friend. I can't say enough about how well I was treated, his responsiveness, and how my case was handled. My first call to him was on 12/22/14 and we met the same day. My first and last date in court was 1/15/15. The outcome was better than I ever expected it could be and would recommend him to anyone.

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Speeding and registration violation

My experience was very professional and satisfactory. I was able to pay the attorney s fee up front. My attorney worked with the court and I paid a fine for a lowered charge in relationship to my registration. I did not receive points on my license for the speeding

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TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

With each ticket Seth explained what my options and risks were. He delivered exactly what he promised in each event. He really knows the DA's in each county that he had to deal with and was able to get the second ticket which was a monster 6 pointer to ZERO points!  The fact that I did not have to waste time and wages to appear in court was priceless.

I emphatically recommend Seth for anyone with a New York State or an upstate speeding ticket.

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