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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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After receiving a ticket upstate NY, I contacted Seth's firm based on the great reviews on this board and was really happy that I made this choice.

Seth explained the possible outcome in my case when I first called him and managed to achieve exactly what he told me, which shows that he is experienced and knowledgeable in his area of practice. He successfully negotiated with a DA a reduction of charges from a 6 point speeding to a non-speeding violation without me having to appear in court in person.

Monica, Seth's paralegal, kept me informed of all necessary details throughout the whole two month process and I received a response to every email that I sent to the firm.

I would highly recommend Seth's firm for anyone looking for reliable and professional attorney services.

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Worked well with an Ontario resident and did exactly what they said were going to do; got me off a speeding ticket.

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David Bruffett is an amazing lawyer. I had trouble finding someone in Syracuse who I could trust and who was out for my best interest and not just chasing dollar signs. Once I contacted Mr. Bruffett, I immediately felt a huge weight lifted from my shoulders. I had 6 outstanding tickets and he was able to get 2 dismissed and the rest all reduced to non moving violations with extremely reasonable fines. I could not recommend him enough. Whether you have simple speeding tickets or a suspended license charge, Azria & Bruffett's Firm is truly the place to go. Thanks again David.
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