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.
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