Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

License Suspensions 3 min read

5 Ways to Lose a Driving Privilege in New York

By Seth M. Azria, Esq.

Suspensions related to traffic infractions may come from the DMV or may be initiated by a court. Here is a quick review of 5 common causes along with their potential fixes.

Court Initiated Suspensions

Court-initiated suspensions often are the cause of Aggravated Unlicensed Operation (AUO) 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 for 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 license if a driver:

  1. Fails to answer or appear for a ticket.
  2. Fails to pay a fine to the court.

The 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 a $70 fee to lift the suspension. Note: This fee only lifts the suspension; the driver must still pay the original fine or address the ticket.

DMV Initiated Suspensions

The DMV also keeps track of your driving record and will suspend a driving license if a driver:

  1. Acquires 10 points or more on their license in an 24-month period.
  2. Acquires 3 speeding or misdemeanor convictions in an 18-month period, regardless of the point total.
  3. Is convicted of a "serious traffic violation" while holding a Junior License (DJ or MJ).
*In general, a serious traffic violation is any that carries 3 or more points. Therefore, all speeding tickets are considered serious for Junior License holders, resulting in an automatic 60-day suspension.

The Fixes: Restricted Licenses & Record Changes

  • Restricted Use License: For drivers suspended directly by the DMV, a restricted use license might be available for driving to necessities like work and school.
    Learn About Restricted Use Licenses
  • 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.
Is Your Driving Privilege at Risk?

If you have been suspended for excessive convictions or failed to answer a ticket, please contact us to see if we can help clear your suspension and protect your driving record.

Awesome and Professional services

Great services. They help me with my traffic ticket quickly and they took care about everything. I strongly recommend the services of Azria & Bruffett

anonymous posted to Avvo
Google Review
I've never had a ticket ever and decided to go with this law firm to help me. Seth listened to my situation, answered my questions, and set the expectation. I was kept up to date every step of the way and am very satisfied with the outcome of my case.
Google Review

I got a ticket upstate, hours from home and my boyfriend got in touch with Seth. He told us about the diversion program used in that county and that it’d not be necessary to get a lawyer. There was no benefit for him in helping but he did it anyway. He returned our call promptly, explained the process and texted us links. He was so helpful and resourceful. I would absolutely recommend him to anyone looking for help with tickets upstate!

Google Review

The Firm provides the highest quality service by the most affordable price. I couldn't even think about better results.

Evgenii Kokodzii posted to Google+