Card image

Complimentary Traffic Ticket Case Evaluations. Call Now. (315) 396-8006

Traffic Ticket 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. 

Don't plead guilty.

Our experienced traffic defense lawyer is available to talk to you about your case.

Free Consultations. Call Now.
(315) 396-8006




 

Can't talk now?

Schedule a time for a lawyer to call you when it's convenient.

 Schedule a Call for Later

Azria & Bruffett PLLC BBB Business Review

Top Rated Award Winning Law Firm in Syracuse


Top Rated Award Winning Law Firm in Syracuse


Top Rated Law Firm, Syracuse NY

 
Google+ Review

I have retained Mr. Azria on several occasions for traffic violations and each one turned out in my favor 100%. This is the lawyer to hire when involved in any traffic incidents. I have recommended him to many friends and all have had great results. You people have to try this law firm out, you won't be disappointed. Mr. Azria is the true "heavy hitter" here in Syracuse. Thank you so much Mr. Azria, you saved my commercial license from any points, and your fee was more than reasonable.

Happy Client

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...

Joseph posted to Avvo
Google+ Review

I am satisfied with the outcome. I must say that Azria & Bruffett Law Firm help, support and guidance was very professional as well! I highly recommend Azria & Bruffett Law Firm , if you have any traffic speeding tickets in the NY state. I found his services remarkable. They delivered as promised. Thanks

Google Review

Seth Azria is the man. He helped me of a traffic court case. I should have points on my license. I had to pay a small fine. Now the case is closed. Thanks Seth for your help...