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Suspended License

NY Suspended License

The first thing you must do when you are trying to determine whether your license is suspended or not is find your driver’s report to check your New York driver status. You can obtain this information both at the new York DMV and the New York Courts, with the Clerk of Courts one of the main sources of this information. If you don’t want to check your driving record, you can just inquire with the NY DMV about your license status, at which time you can proceed with the steps needed, if any, to maintain your license.

Your New York Driving Record

  • Your driving record in New York is going to hold a great deal of information pertaining to your status on the roadways -- if you should be driving or not. There are various methods of obtaining your driving record, which can be done either online, in-person, or by mail request, or even by phone request as well, each method offering a different process and different expectations. If you would like to stick with the New York DMV, you can obtain a certified copy of your driving record from NY, or you could also choose to obtain your driving record from another source online, which would be a third party vendor.
Online Driving Record

  • If you would like to get your NY driving record online, you can choose from the New York DMV, or a third party vendor that specializes in such reports and records. If you decide to use the DMV records request online, you must have a current address on file with the New York DMV that is still accurate, with more information found online Change your address
  • **You will not receive your abstract online as the DMV sends it to your current mailing address, which could take up to 4 weeks. There is no express mail delivery of your certified New York driver’s abstract, with the only instant option from the DMV being the in-person request. Otherwise, you will need to request your record online from one of the third party vendors to obtain the records instantly.
Ordering Your Records In-Person

To order your driving abstract in-person, you must first find the closest DMV office to make sure you aren’t traveling further than you have to. There is a simple process to follow, at which time you can receive your records instantly.

  • Bring proper New York identification.
  • Complete and submit form MV-15, which is available online at DMV Record Information
  • Pay $10 record fee by cash, check, or money order.
Ordering Your Records via Mail

  • Obtain form MV-15 from website or in-office. Complete the form with your personal information.
  • Photocopy your New York proof of identification.
  • Mail your documents and $10 check or money order to address provided on application.
  • Your records will arrive in about 2 weeks.
Ordering Your Driver’s Record by Phone

  • Have your New York driver’s license in front of you.
  • Have a valid credit card to pay the $15 fee, which includes $10 searching fee and a $5 processing fee for phone orders only.
  • Call the DMV at 1-800-225-5368 if you live in New York area codes 315, 518, 585, 607, or 716. If you live in any other area code, you will call the DMV at 1-518-473-5595, with phone instructions provided.
  • You will receive your record within 2 weeks from your order.
Is a New York License Suspension Valid for All States?

  • It is a valid question that all suspended drivers wonder -- whether your license suspension in New York is going to carry forward to other states you may drive in or move to. Well, in most cases, the suspension does carry over, as most U.S. states participate in the NDR (National Driver Register), which provides a national accessible database, which collects and shares driver information regarding suspensions and revocations. This prevents and protects state DMV’s from issuing licenses to those drivers who are high risk and have “red flag” records.
  • There is also the DLC (Driver’s License Compact) in place between most states, which allows each state to monitor suspensions and revocations that occur while their state resident drivers are out of the state. This ensures that states are able to put their own terms on license suspension of their residents -- even if their license is suspended out of town.
New York Penalties for Driving with Suspended License

It is definitely against the law to get behind the wheel of a vehicle if your license is suspended. If you do decide to get behind the wheel and operate a vehicle while your license is currently suspended, be prepared for the penalties that are to come. In fact, you could end up in jail, on probation, or even losing your vehicle, with fines that can reach $5,000. The actual nature of the suspension will determine the penalties you receive for driving with a suspended license. For more information about your penalties and what to expect, you can call your regional Traffic Violations Bureau office, which can be found online.

You will need the help of an experienced New York traffic attorney if you get into a case for driving with your license suspended, as the penalties can range quite severe and without representation, you may not understand the best decisions to make. You can receive a consultation or get basic information by calling one of the local attorneys, or even hire an attorney to minimize your overall penalties so they aren’t quite so damaging to you in the long-term.

New York Restricted License

Restricted licenses in New York are offered to drivers who’s license has been suspended if they meet the conditions of the state DMV. However, drivers charged with any DWI related driving offense will only be qualified to apply for their conditional licensing if they have enrolled within the New York Drinking Driver Program, DDP.

With a New York restricted license, you are only permitted to drive if the following situations apply to you:

  • Going to and from workplace.
  • During job required driving on-the-job.
  • Going to and from your classes at a school or college that is recognized by the state of New York.
  • Transporting your child or other dependant to and from any child care facility.
  • Traveling to and from state required DDP classes.
  • Traveling to and from any court-ordered required probation tasks.
  • Traveling to and from your local DMV office for restricted license related services.
  • During your 3-hour weekly designated period provided with your restricted license.
  • Traveling to and from a physician-certified appointment at a medical facility for yourself or a dependent or other family member.
Only the DMV or judge can determine whether this conditional license is available for you, but a traffic attorney could be a great help for obtaining such a license.

NY License Reinstatement

  • Obviously, there are different reasons for license suspension. In each case, there are also different penalties and requirements involved with the different reasons for suspension. A traffic attorney can be the best resource for fully understanding your case and what you should really expect.
You can also expect your insurance rates to rise dramatically with license suspension on your record, making it more difficult to find a valuable insurance policy for a price you can afford. Use 4dmv.com’s insurance center online for more information about finding an insurance policy that provides you with a reasonable rate.

There are several different reinstatement processes, depending on the reasons that your license was suspended, with the most common detailed below.

First-Time DWI License Reinstatement

  • Meet all conditions of your suspension or sentence for the driving offense.
  • Pay $50 termination of suspension fee, and any Driver Responsibility Assessment applied.
  • Visit the local DMV office.
** Any driver under 21 convicted of a first-time DWI offense will face different penalties due to the New York “Zero Tolerance” law.

Driving Without Insurance License Reinstatement

  • Obtain proof of insurance.
  • Visit your local DMV office.
  • Pay your civil penalty fee determined by the state, as well as $50 fee for suspension termination.
There are different civil penalty rates, which are based on a daily basis for every day that your insurance is lapsed. For a lapse between 1 and 30 days, be prepared to pay $8/day. For lapses between 31 and 60 days, be prepared for a $10/day rate. Any lapse between 61 and 90 days, prepare for a $12/day rate.

Physical and/or Mental Condition License Reinstatement

  • Obtain physician certification of condition treatment or management ensuring the condition no longer inhibits safe driving.
  • Be prepared for re-examination such as vision, written, or even road exams.
  • Bring your certification to the local DMV office with any other required certification for examination.
  • Pay any applicable fees if any.
NY Accident Re-examination Program

  • Find the local DMV office.
  • Prepare for any exams required to be retaken by the NY DMV.
  • Pay any applicable fees determined by the courts or DMV.
Preventing License Suspension in New York

  • You never want to neglect the opportunity to avoid license suspension, as it could greatly impact future driving and insurance possibilities. In order to prevent license suspension in NY, the following tips are very wise to follow.
Implied Consent

  • The Implied Consent law in New York requires that you submit to chemical testing if requested by law enforcement. You consent to this when you sign the application for your license. If you refuse testing, your license will be eligible for revocation between a year to 18 months -- even if no alcohol or drugs are present in your system.
DWAI -- Driving While Ability Impaired by Alcohol

  • Your license will be suspended for 90 days if you are caught driving while impaired by alcohol. The suspension is raised to 6 months if you are caught driving impaired by drugs. If you are caught with a BAC .08% or higher, your license revocation is a mandatory 6 month minimum. These penalties increase for those repeat offenders, with a NY DUI attorney offering the best assistance in these cases.
“Zero Tolerance” Law

  • The New York “Zero Tolerance” law regulates drivers under 21 who are prohibited from consuming alcohol period. If any driver under 21 is found with a BAC between .02% and .07%, your license will be suspended for a required 6 month minimum. There is a minimum 1 year revocation for those drivers under 21 with a BAC reaching .08% or more.
Driving Without Insurance

  • Without insurance covering the vehicle, it is not permitted on the roadways of New York. If you are ever caught driving a vehicle without insurance, or if you allow another driver to operate your uninsured vehicle, your license can be suspended for a minimum of 1 year.
Speeding

  • When you have obtained 3 speeding tickets in New York within 18 months, your license can be revoked for 6 months minimum.
Points

  • Accumulating 11 or more ticket points in NY within 18 months will cause your license to be automatically suspended. The New York DMV will send you notification of the suspension by mail. There are administrative hearings offered to contest the suspension, or to report a wrongful suspension for those applied to the wrong driver.
Indefinite Suspension or Revocation in New York

There are various situations that may cause indefinite New York suspension or revocation until the matter has been handled with the DMV or New York courts appropriately.

  • Failure to pay child support
  • Failure to comply with conditions of traffic offenses dictated by courts
  • Issue of bad check for payment of services to DMV
  • Failure to submit an appropriate accident report within 10 days