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What if I am a new driver and face traffic violations?

In New York, a person who is getting his or her first driver's license or a person who had lost his or her license and has finally gotten it back might be under the impression that it is smooth sailing moving forward. However, they often fail to realize that new drivers must adhere to certain rules based on their probationary license. Drivers who are on a probationary license must understand the rules that apply to them. Committing a traffic violation can result in penalties that could lead to the loss of driving privileges.

When the driver has passed a road test or had restored driving privileges after they had been rescinded, there will a probationary period of six months. If there are violations and a conviction, the driver's license will be suspended for 60 days. The violations that will result in this punishment include the following: speeding, reckless driving, following the vehicle in front too closely (tailgating), taking part in a race, using a mobile device while driving, using a mobile telephone or any two other traffic violations.

Once the 60-day period is over and the driving privileges have been restored, the driver will again be on probation for another six months. If there is another incident in which the above acts occur and the driver is convicted, the license will be suspended for six months. After the revocation has ended, there will again be a probationary period of six months. For drivers who are convicted of driving while ability impaired while on probation, the license will be suspended for 90 days. If it is for driving while intoxicated, the revocation will be for six months.

Being a new driver can be exciting and getting one's license back after a suspension can be a relief. With that comes risks of being accused of a traffic violation while on probation and again losing the license as well as facing other charges. Those who are confronted with traffic violations while on a probationary license should be aware of the consequences and lodge a strong defense. A lawyer who is experienced in helping clients defend against traffic violations can help.

Source: dmv.ny.gov, "A Guide to Suspension & Revocation Of Driving Privileges In New York State -- For All New Drivers, page 3," accessed on March 5, 2018

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