Westchester County Suspended License Lawyer
NEW YORK VEHICLE & TRAFFIC LAW (VTL) 511 & 512
In New York, a driver’s license can be suspended or revoked for a number of reasons. Perhaps you forgot to register your car or renew your license. Licenses can be suspended and revoked for more serious reasons, too, like a DWI arrest or too many points on your license. If you drive while your license is suspended or revoked, you can be arrested and charged with a crime. If you are arrested for driving with a suspended or revoked license, do not plead guilty or no contest. Instead, seek the counsel of an experienced Westchester County suspended license attorney immediately.
WE UNDERSTAND YOUR NEEDS
At Kimberly Pelesz New York Law, LLC, our Westchester County suspended license attorneys are ready to defend those accused of driving while their licenses were suspended or revoked. We know that without transportation, many are unable to work, attend school, or even get to medical appointments. Depending on the reason your license has been suspended or revoked, you could face one of these charges:
- Operation while license or privilege is suspended or revoked: aggravated unlicensed operation: Vehicle and Traffic Law 511 (misdemeanor)
- Operation while registration or privilege is suspended or revoked: Vehicle and Traffic Law 512 (misdemeanor)
When a driver in New York is accused of driving while knowing that his or her driver’s license has been suspended or revoked, the charge is Aggravated Unlicensed Operation (AUO). AUO is a crime in New York, so a conviction has serious consequences. If you’re charged with AUO in Westchester, Dutchess, Putnam, Orange, or Rockland County, contact an experienced Peekskill criminal defense attorney immediately.
If your license has expired or if it’s suspended because of an unresolved traffic ticket, and you’re stopped while driving in New York, you may be charged with third-degree AUO, a misdemeanor punishable by a fine of $200 to $500, up to 30 days in jail, or both. If an expired license is promptly renewed and the renewal is shown to the court, a third-degree AUO charge will usually be reduced to a traffic infraction, and the criminal charge will usually be dropped.
AUO in the second degree is a misdemeanor punishable by a fine of not less than $500 and by jail time up to 180 days (or by probation). AUO in the second degree is charged when the driver has had a conviction in the previous eighteen months and drives while knowing that his or her license is revoked or suspended; when the basis for the suspension or revocation is a pending DWI charge, a DWI conviction, or the driver’s refusal to take a chemical test; or when the driver has three or more suspensions pending for failure to answer, appear, or pay a fine.
First-degree AUO is a Class E felony, punishable by a fine of $500 to $5,000 and prison or probation. AUO in the first degree is charged when a driver commits second-degree AUO under the influence of alcohol or drugs or both; commits third-degree AUO with ten or more pending suspensions for failure to answer, appear, or pay a fine; or commits third-degree AUO after a permanent license revocation.
Being charged with AUO is not the equivalent of a conviction; the state still must prove your guilt. While no guarantee can ever be made regarding the outcome of any specific case, an experienced lawyer who routinely handles AUO and traffic charges can bring your case to its best possible conclusion. If you face an AUO charge in or near Westchester County, let an experienced Westchester County suspended license attorney handle your case and fight for justice on your behalf.
SUSPENDED DRIVER’S LICENSE IN NEW YORK
The New York Department of Motor Vehicles (DMV) can suspend revoke your NY driver’s licenses for a number of reasons, but the most common reasons include:
- Failure to answer a traffic ticket
- Alcohol and drug violations
- Vehicular homicide, assault, or criminal negligence
- Refusing a chemical test
- Failing a DMV road test
It is very important to resolve your license suspension because if you do not, this will remain on your driving record for good.
There are different degrees of driver’s license suspensions in NY, such as an indefinite suspension, a definite suspension, traffic accident suspensions, and out of state ticket suspensions. The NY DMV may enforce an indefinite suspension on your driver’s license if you fail to respond to a court summons, fail to pay a fine, or fail to file an accident report. You must take action in order to have your New York driver’s license reinstated.
If the NY DMV issues a definite suspension you will know when the suspension will be lifted and you will need to fulfill the entire suspension period. This kind of suspension is usually given to traffic violators who accumulate 11 points within an 18 month period, receiving a moving violation during a probationary period, and DWAI. Once the suspension period is over, you must pay your restoration/termination fees to have your driver’s license reinstated.
NY DMV may also suspend your license if you are involved in a car accident resulting in property damage greater than $1,001 and fail to file a report within 10 days of the accident.
The New York DMV will suspend your NY driver’s license if you fail to respond to an out-of-state moving violation. There are exceptions if the violation was in Alaska, California, Michigan, Montana, Oregon, or Wisconsin. Your license will be suspended until you resolve the violation.
Driver’s license suspensions are serious problems, especially if they are ignored. An experienced Westchester County suspended license attorney can be of great assistance. Call (914) 214-9335 today for a free consultation and find out what your options are to have your suspension lifted.
WE ADVOCATE AND NEGOTIATE FOR YOU
In some cases, including DWI-related cases, we are able to secure a conditional driver’s license for a client. A conditional license allows you to drive to work, school, court, and medical appointments. If you are facing a second or third DWI charge, the court may be required by law to revoke your driver’s license for at least a year. In these instances, we will fight the DWI charge aggressively and negotiate with the prosecutor to retain your driving privilege.
With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County suspended license attorney can help you, email us or call us promptly at (914) 402-4541.