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Getting Restricted Use License While Yours is Suspended

by Seth Azria on 8/18/2015
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.

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.

Legal Authorities & Resources
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As mentioned in many of the other reviews. Seth and Monica spelled out what should happen and it did. Ticket for my daughter from our of state was reduced to nonmoving violation. She was visiting colleges in NY, as she only has her permit a moving violation would have resulted in, a loss of her license for 3 months, driving school, and fines etc... 
I had no referral, just read the reviews and crossed my fingers. The price was affordable, they were very responsive, I could not be happier. Wished I had used him a couple of years ago when I got a ticket in NYC that I made the very expensive mistake of trying to defend myself...

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Mr. Azria is a thorough professional that explained me the complete process up to the dismissal of my case. Shannon in the office is a true gem. The entire process was handled with complete and clear explanation in each email. Highly recommend them for your traffic issues.

Speeding Ticket Dismissal

I were given a speeding ticket in Otego New York, which the law office of attorney Azria was able to get dismiss. I am from Boston Mass and did not have to travel outside my state to hire attorney azria i was able to paid his fee with my credit card, and did not have to go to court or anything he was able to get everything resolve and they kept me informed at all time in the process can said enough about their services i am very pleased with the overall service, and i will definitely recommend them.

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I’d like to thank you very much. I was very worried about my traffic ticket because I am a cdl truck driver. Any ticket is really dangerous for me because I shouldn't have any points. But Mr. Azria solved all these issues. I am very happy to get this perfect result. 0 points! My best wishes to you. Thanks again.

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