Attorney Representing
Upstate New York Drivers

  1. Home
  2.  » 
  3. Misdemeanors
  4.  » What penalties accompany problem driver restrictions in New York?

What penalties accompany problem driver restrictions in New York?

On Behalf of | Jan 24, 2019 | Misdemeanors |

Drivers here are expected to adhere to the traffic laws when they are on the road. That includes the basics, like staying within the posted speed limit, not making reckless or negligent actions and driving while sober. However, mistakes happen, and people can face allegations that they have committed traffic violations. Whether they are guilty or not, it is imperative to understand the various penalties that can be assessed should there be a conviction. For some, a problem driver restriction can be placed on the person’s driver license.

When there is a problem driver restriction, the person will only be allowed to drive in the following circumstances: when he or she is going to and from their place of employment; while they are within their hours of employment, if driving is part of the job; to go to and from medical appointments for the individual and a member of the household; to go to and from a motor vehicle office for issues regarding the license; to go to and from a daycare or school of the child’s attendance is required for the person to stay employed; and to go to and from a school, university or other educational entity where the person is enrolled.

Only those who have a Class D license can have this restriction. The driver restriction will be on the license for various periods, depending on why it has been put on the license. If it is because of an alcohol-related issue, it will be for 5 years. Other issues will result in it being on the license for two years.

People can have the restriction withdrawn, and they will face other driver license penalties if they are caught speeding, tailgating, driving when they were not supposed to be driving, committing a cellphone or texting violation, driving recklessly or committing two other traffic violations, such as failure to wear a seatbelt — not included are non-moving violations, parking tickets and similar infractions.

A problem driver restriction can severely effect a person’s life. After they have committed a violation that could result in a problem driver restriction, it is wise to understand the consequences and formulate a viable defense against the charges.