How to Reinstate a Suspended License in New York
The news of a license suspension has blindsided more than one New York driver. One day, they get pulled over by the police. Maybe they were speeding or didn’t stop at a red light.
However, when the police officer comes back to talk to the driver after checking their record, he delivers a surprising piece of news. The driver’s license is suspended, and they are now facing serious charges.
The situation isn’t always this dramatic. The DMV is supposed to mail a notice to drivers whose licenses get suspended so that they don’t make the critical error of driving while suspended.
Still, consider the inconvenience of not being able to drive for months. How would you get to work? Could you still pick up your kids from school? What about getting groceries or going to the doctor? Are these ordinary activities now impossible?
The situation is even more critical for people who rely on their driving privileges as a condition of their employment. Will you lose your job if your driver’s license is suspended?
Clearly, having a suspended license carries with it serious consequences. This means that it’s critical for people to learn how to reinstate a suspended license in New York.
Why Does a License Get Suspended?
Rather than being a right, driving is a privilege under the law. This privilege can be taken away for a variety of reasons. Individuals who fail to pay child support may find that their driving privileges are suspended. Similarly, a person who flees the scene of an accident or tries to evade a police officer may receive the same punishment.
Drivers with an excessive number of speeding tickets or too many points on their record also may have their privileges suspended. Those who fail to pay a traffic ticket fine or who do not respond to a ticket further are subject to suspension. Reckless driving, driving without insurance and driving under the influence of drugs or alcohol also can lead to a license suspension.
What Do You Do If Your License Is Suspended?
Having a suspended license in New York is not an uncommon problem. Many drivers have had to struggle through the complex process of getting their driving privileges reinstated.
The process to reinstate a suspended license changes depending upon the reason for the suspension. Some suspensions are for an indefinite period while others are for a definite period.
An indefinite suspension ends only when the driver takes certain steps to correct the problems that led to the suspension. For instance, someone who is cited and suspended for driving without insurance will, at a minimum, have to prove that they now have valid insurance before a reinstatement can occur.
This also is true when an individual fails to respond to a court summons. Until that person appropriately responds to the summons, their driving privileges will continue to be suspended.
In other situations, the driver’s privileges are subject to a definite suspension period. This means that there is little that the driver can do to get their privileges back until a certain amount of time has passed.
Someone who is on probation and is convicted of two or more moving violations is subject to a 60-day suspension. Similarly, drivers who are convicted of driving under the influence of drugs or alcohol will be given a definite suspension period that is determined by factors such as the driver’s age, the substance they used and the refusal of a chemical test.
How to Reinstate a License that’s Suspended for Failure to Pay a Fine
Neglecting to pay the fine that’s associated with a traffic ticket is one of the most common reasons for the suspension of a driver’s license. To reinstate their privileges, the driver needs to contact the court that handled the ticket. Once the ticket and any other fines and surcharges are paid, the driver’s license should be reinstated.
Suspension for Failure to Respond to a Traffic Ticket
A suspended license in New York frequently is the result of a traffic ticket that was ignored or forgotten. In this case, it is unwise to do anything until you have consulted with an attorney.
This is because it may seem like just paying the underlying fine and getting on with your life seems like the easiest way out, but it’s not. Paying that fine is the same thing as pleading guilty in court. Can you really afford all of the fines and penalties that come with a guilty plea?
Instead, contact a qualified traffic ticket attorney. Their advice may include paying the required Suspension Termination Fee to the applicable court. Then, it is possible to address the underlying ticket.
When a traffic ticket is not dealt with in a timely manner, the courts assess the fines, and they also enter a default judgment against the driver. With extra points on your record, your insurance rates are bound to skyrocket, perhaps for years.
Working with a New York traffic ticket attorney is different. He can file a Request to Reopen a Default Conviction. If this motion is successful, then it may be possible have the charges against you reduced or dropped.
What About a Suspension Because of Points or Speeding?
These situations are common for New York drivers. They simply acquire too many points in too short a time or they get caught one too many times speeding.
Once again, a traffic attorney can help by filing a Motion to Vacate. This filing can undo the latest conviction so that the charge can be reduced.
Contact the Law Office of James Lynch and Associates
These experienced legal professionals have helped countless New York drivers to reinstate their driving privileges. Regardless of the reason for the suspension, it does no harm to consult with a traffic ticket attorney to see what your options are.
When you need to reinstate a suspended license, it pays to do everything you can to fix the situation. With James Lynch, the answers you need are a phone call away.