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.

Accepting Cases in Onondaga County Only.

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

 
Hire your traffic lawyer online. Start Now
Google Review

Nothing but the best I was involved in horrible tractor trailer accident I almost lost my life I was given 5 tickets in my hospital bed following too close, imprudent speed, passing violation and 2 brakes safety violations mr azria took my case and got 3 of the tickets dismissed and the other 2 reduced to a parking violation all with 0 points mr azria saved my driver licences and career he did all this for a low price please if your in need of a traffic lawyer call Azria and Bruffett they won't let you down

Google Review

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.
highly recommend them, they are the best.

Took care of business

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.

Great Attorney, excellent service provided!

Driving back from Canada I received a large speeding ticket in NY. I thought this time instead of the PA making a mockery of me and traveling back up to NY I'd enlist the help of an attorney. Azira & Bruffett were the first firm that populated and the only one I needed. His staff was great, very communicative and friendly, David, was very easy to work with. Very knowledgeable and explained everything perfectly to me. I hope i never need another attorney in NY again, but if I do, David Bruffett will be the first I contact.

Helene posted to Avvo