Seth Azria Logo

NY Traffic Ticket Defense Articles

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

License Suspension 3 min read

Getting a Restricted Use License While Yours is Suspended

By Seth M. Azria, Esq.

1. Suspensions Not Related to Alcohol

The New York DMV may issue a restricted use license to a driver after a revocation or suspension due to violations not related to alcohol or drugs. For example, if your license was suspended for too many points or speeding convictions. For alcohol-related suspensions, hardship privileges and conditional licenses would apply.

The DMV will determine if you qualify under the law for the restricted use license and will notify you if you are eligible. To apply for a restricted use license, you must fill out the official DMV form.

Download DMV Form MV-44CR

2. Where You May Drive with a Restricted Use License

You are permitted to drive:

  • To your employment, business, trade, occupation, or profession.
  • To and from a class or course at an accredited school, college, or university, or at a state-approved institution of vocational or technical training.
  • To and from a medical examination or treatment as part of a necessary medical treatment for the participant or member of his household, as evidenced by a written statement from a licensed medical practitioner.

To be granted a restricted use license, the DMV must find that denying you the privilege would deprive you of your usual means of livelihood and thereby constitute an unwarranted and substantial financial hardship on you or your immediate family, or would seriously impair your ability to meet the requirements of your education.

Important Note: A restricted use license may not be used to drive a vehicle for hire or to drive a commercial vehicle.

3. Who Does Not Qualify

You will NOT qualify if:

  • You do not have a valid NYS license or a NYS license that can be renewed.
  • Your license was suspended for a period of 30 or fewer days.
  • A judge suspended your license based on the court’s authority under the law.
  • You had another restricted license in the last three years.
  • You have a suspension that you can end yourself (e.g., failing to respond to a traffic ticket, failing to pay a fine, or failing to file an accident report).

4. Reversing Traffic Convictions

If your license was suspended due to convictions from entering a guilty plea by mail (or otherwise) while you were not represented by a lawyer, it is sometimes possible to reopen a case and secure a reduction after the fact. This procedure is called a motion coram nobis.

Learn More About Motion Coram Nobis
Legal Authorities & Resources
NYS DMV Help Article NY VTL §530
Need Help With a Suspended License?

Please call us for a free consultation to discuss the possibility of reopening your case and changing your driving record.

(315) 364-1155
Google+ Review

Thank you Seth Azria for getting my traffic ticket dismissed. It was an out of state ticket and I was worried about the consequences. Attorney Azria was very courteous and he allayed all my concerns. He promised me to try his best to reduce the number of points. However, he was able to get the ticket dismissed. Its a classic case of under promise and over deliver.

Debasish Mahapatra posted to Google+
Take it from a Fellow Attorney, Seth Azria is wonderful and gets the job done.

I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

Jennifer posted to Avvo
Google Review
They were able to reduce 11 points down to nothing and I didn’t have to pay as much as I thought. I would definitely recommend them, as well as utilize their services again.
Google Review

Best Lawyer in upstate. i got pulled over by state troopers on the way to Ithaca for speeding over 30+ speed limit. I contacted Seth Azria, and that was the best thing i did. They were able to put me in a program and bang, case dismissed with no point or fee penalties. Thank you so much. I will recommend it to anyone!!