New York drivers confronted with a traffic violation and penalties might not realize that they can eventually have their license suspended or revoked. This can be a significant inconvenience. Knowing the difference between a definite suspension, an indefinite suspension and a revocation, and the reasons these penalties can be assessed, are integral to lodging a defense and getting one’s license back.
When a driver’s license is suspended, one cannot drive until that suspension ends. If it is definite, the driver will know the suspension’s length. The driver is not legally allowed to drive until the suspension has ended. There will be a termination fee, and the driver’s license will again be valid. A driver’s license can be suspended for a defined period for a variety of reasons, including not having proper insurance, a conviction on drug or alcohol charges, numerous unpaid traffic tickets or failing to adhere to the rules for a junior driver.
An indefinite suspension means that the driver cannot drive and the time at which the license will be reinstated is not known. An indefinite suspension can come about because of a failure to respond to a traffic ticket, not paying a traffic ticket, not filing an accident report after a crash, not having insurance, not paying child support, or not paying state tax debts.
A driver’s license can be revoked meaning that the driver must get a new one when the time of revocation concludes. In many instances, the driver must ask for approval from the Department of Motor Vehicles before getting a new license. All tests to get the license might have to be retaken. If it is a driver who is deemed to be a high risk or the requirements to have a license are not met, the application might be denied. There will also be a civil penalty before restoration or privileges. Reasons for revocation include: failure to have insurance, an uninsured accident, being convicted of DUI, a serious traffic violation or multiple offenses, a false statement when applying for a license, or being in a crash with a fatality.
A traffic violation or other incident on the road can lead to a driver’s license suspension or revocation. However, drivers do have the right to lodge a defense against these charges and seek to avoid suspensions or revocations. Having a lawyer who understands how to defend a client accused of traffic violations and criminal traffic violations can help with a case.
Source: DMV.NY.gov, “Suspensions and revocations,” accessed on Oct. 16, 2017