Suspended License

New York State has strict laws regarding driving without a valid license. Your license may have been suspended for many different reasons, but you cannot operate a motor vehicle until your license is reinstated. But because not being able to drive is difficult, some people choose to drive with a suspended license anyway.

Driving without a valid driver’s license is a serious offense. If you get caught driving with a suspended license in New York State, you’ll receive even harsher consequences than driving without a license. If you are arrested for driving during your suspension period, get in touch with a Long Island criminal lawyer immediately.

What Are the Consequences for Driving While Suspended or Revoked in NY?

If your license is suspended, you may be tempted to drive your car. You risk several consequences if you’re caught.

Criminal Record

Driving on a suspended driver’s license is a criminal offense in New York with formal charges called Aggravated Unlicensed Operation (AUO). A conviction can leave you with a permanent record and affect your employment and housing opportunities, and even immigration status.

Increased Insurance Premiums

Your insurance rates are likely to skyrocket if you are caught driving on a suspended license. You will be categorized as a high-risk driver, which means there’s also a possibility of your insurer dropping you altogether.

• Jail time
• Drivers can get between 30 days and four years in jail if convicted for AUO
• Fines
• License revocation
• Loss of your car
• Probation

Looking at these consequences, you urgently need to get a qualified Long Island suspended license defense attorney to help you counter them. Remember, this is not a regular traffic ticket, it is a more serious crime.

What Charges Will Be Brought Against a Driver with A Suspended Driver’s License?

You can be charged with a felony or misdemeanor in New York if found to be driving on a suspended license. This will significantly depend on the surrounding circumstances.

You can be charged with aggravated unlicensed operation as a misdemeanor which can either be second-degree or third-degree AUO. First-degree AUO is a Class E felony.

Third Degree AUO

In most cases, motorists driving with a suspended license will be charged with 3rd degree aggravated unlicensed operation. Here, the motorist is found operating a vehicle with the knowledge of having a suspended or revoked license.

It carries $200-$500 in fines and a prison term of not more than 30 days. A person may also receive both.

Second Degree AUO

In some cases, you may be charged with a more serious offense; aggravated unlicensed operation in the 2nd degree. Here, you have a previous 3rd-degree AUO within the last 18 months. You may also have refused a field sobriety test at a DWI stop in Long Island. It may also be brought because you’ve had more than three suspensions imposed on you on at least three different instances for failure to appear, answer or pay fine. Or, your suspension was actually mandatory as you awaited prosecution for a DWI charge in Long Island, NY.

The penalty includes a fine of between $500 and $1,000 and seven to 180 days’ jail time. A second driving while suspended charge within 18 months will also get your vehicle impounded and only released to a licensed owner after all costs are paid, and there’s proof of insurance.

First Degree AUO

This felony charge involves:

• Committing a 2nd degree AUO under the influence of drugs or alcohol
• Committed the crime while under permanent revocation, which arose from three DWI convictions, two DWI convictions with severe injury or death, or three refusals to submit a chemical test.
• Committed the offense while having ten or more previous license suspensions for failure to appear or pay fines.
• Committed the offense under the influence of alcohol or drugs with a DWI conditional license

A Class E conviction carries $500 to $5,000 in fines ad up to four years in state prison, or both. Your car may also be seized, and you may never get it back.

New York prohibits prosecutors from negotiating down any AUO violations to lesser charges. Therefore, you will need a strategic and experienced Long Island suspended license defense attorney to fight these charges on your behalf. Don’t risk going through the charges alone. Get legal advice in Long Island first.

Will an Out-of-State Police See My Long Island License Suspension?

Yes, the police will likely see the New York suspension even if you have a current and valid out-of-state license. It’s also possible to get your out-of-state license suspended too in response to your New York suspension.

How Can I Defend Myself Against These Penalties?

You are likely to get your charges reduced or dismissed if you can prove that you were unaware of your license suspension because you:

• Didn’t receive any written notice either by email, mail, text, etc.
• Didn’t receive any verbal notice of the suspension, e.g., via call, etc.

Get A Restricted License in Long Island

In some instances, with proper legal defense and eligibility, you may qualify for a restricted license and keep your license.

With a restricted license, you may be able to:

• Take your kids to and from school or daycare
• Drive to work or school
• Drive to and from healthcare facilities
• Drive to and from court or DMV because of issues related to your restricted license

A Skilled Attorney Fighting for Your Driving Privileges

New York has some of the most stringent traffic laws. You should talk to a lawyer to ensure you are well represented in court against AUO charges in Long Island for the best outcomes. The penalties associated with getting caught with a suspended license can greatly impact your life.

Talk to a suspended license defense attorney in Long Island if you are arrested with a suspended or revoked license. Your situation may look bleak, but the criminal justice lawyers at our law firm can aggressively fight for you using years of experience representing others just like you. Get in touch today to get started.

If you’re stopped by Long Island law enforcement, your license will almost always be checked. You may not even be aware that your license is suspended, but now is not the most appropriate time to find that out.

There are many reasons for a Long Island license to be suspended, some minor, such as:

• Failure to respond, or pay, a traffic ticket.
• Racing in unauthorized areas.
• Being caught by a red-light camera.
• 1st offense for driving under the influence (DWI or DWAI)
• Your refusal to take a BAC test.

For other reasons, you may get an immediate suspension for a longer period.

Some of these reasons are:

• A more serious driving offense that causes death or grievous bodily harm.
• Speeding more than 45 km/h over the speed limit.
• Driving under the influence (DUI) offenses.
• A prescribed concentration of drugs & alcohol drunk driving offense.
• A serious street racing offense.
• An aggravated burnout offense.

Be aware that it is not always necessary for a suspended license to alter your lifestyle as well as your livelihood. In most cases today, it is both a necessity and way of life for you to be able to drive.

Although one or two moving violations (such as speeding, failing to obey a traffic signal, etc.) may not result in a suspension, multiple moving violations within 18 months can. Also, serious offenses (such as those listed above) may jeopardize your driving privileges for months or even years.

There are other ways, that you might not expect, by which you can lose your driving privileges in New York state. For example, if you are driving without insurance, your license may be suspended until you submit valid proof of insurance to the court. Failure to pay certain fines or DMV assessments can also cause a license suspension.

Many times, your driver’s license can be revoked for carrying too many points on your license (11 or more). In addition, you can also lose your driving privileges for reasons that seem unrelated to driving (e.g., too many unpaid parking tickets, failing to respond to a DMV notice, failure to pay child support, etc.)

If your license has been suspended, or you are facing a license suspension, consulting with a Long Island experienced suspended license lawyer may help in keeping you on the road.

What Types of License Suspensions are Enforced by the DMV?

There are three distinct types of driver license suspensions that the New York DMV can impose on you, they are:

• Indefinite suspensions — These suspensions have no predetermined end date to them and usually are mandated by infractions such as failing to respond to a court summons, paying a fine, or not filing an accident report, and others. You, and your lawyer, must take specific actions to have your license reinstated after a specific amount of time.
• Definite suspensions — In this case, the DMV issues a suspension with a specific end date. This is commonly done for offenses such as persistent traffic violations (accumulating eleven points within 18 months, 60-day suspension), moving violations during a probationary period (60-day suspension), driving while impaired by drugs (DWAI, 6-month suspension).

Once the suspension period has passed, you will have to pay a restoration fee to have your license reinstated.

• Traffic Accident License Suspensions — If you participate in (or caused) a motor vehicle accident that resulted in property damage exceeding $1,000 you must file a vehicle accident report within 10 days of the accident. Failing to do so may lead to your license being suspended, mandatory fines and surcharges then must be paid to lift your suspension.

It must also be noted, that if you are convicted of a criminal offense, you may also be subjected to court-imposed reinstatement requirements in addition to those required by the DMV. In cases like these, your Long Island criminal defense lawyer will be invaluable in your defense and in getting your driving privileges reinstated.

How Long May My License Suspension Last?

As you now see, there are numerous reasons for your license to be suspended, and there are varying periods for your suspension to be in effect. Always keep in mind that your suspension lengths will vary depending on your infraction and the date on which your license was issued.

Only as a rule of thumb, suspension times on Long Island (and N.Y. State) usually fall within the following ranges:

• Moving violations – Up to 60 days suspension if you receive six moving infractions within12 months.
• DUI conviction – Up to 4 years
• DUI arrest – Up to 2 years (& more).
• Reckless driving – Up to 30 days.
• Getting Your License Reinstated – Possibly months or years.

These are only examples, but it’s imperative to remember, that with help of a professional and aggressive Long Island suspended license defense attorney, these suspension times can be mitigated, or dropped altogether.

How Can My Lawyer Help In Getting My License Reinstated on Long Island?

The first step your lawyer will usually take to get your suspended license reinstated is to find out exactly why your driving privileges were revoked. Once you, and your lawyer, verify that your license has been revoked and why you will be on the legal path to reinstate it.

You usually have three commonly used legal options:

• Fulfill your suspension period – At times, if you have a suspended license, you can choose to fulfill the suspension period, pay the fees, and then take all the steps to get your license reinstated afterward.
• Appeal the suspension – If you and your lawyer feel that your suspension was legally wrong, or unfair, you can also request a DOL hearing and appeal your suspension.
• Apply for a restrictive license – If you need to drive through the suspension period but can’t wait for an appeal, your lawyer can apply for a restrictive license that grants you temporary privileges with specific restrictions if approved.

By consulting with your suspended license defense lawyer, you will be made aware of all your options, and have the means to use them to regain your driving privileges as soon as possible.

My Drivers License Has Been Suspended, What Should I Do First?

Remember that if you are pulled over by the police while driving on a suspended license, it could often lead to your arrest. Also, the state will try to make you feel that you have no choice but to accept the charges brought against you, but that’s not always true!

The suspended license defense attorneys at the Long Island Mirsky Law Firm have more than 80 years of combined criminal defense experience. Consult with them first and be assured that your legal rights are fully protected.