License Suspensions and Revocation
May 8, 2023
Having your driver’s license suspended or revoked can be overwhelming and frustrating. Driving is essential for so many people, and losing the right to drive can severely impact your daily life and ability to commute to and from work.
License suspension and revocation are legal matters that must be taken very seriously if you want to reclaim your driving privileges. If your driver’s license was suspended or revoked in New York, I can help. As a traffic and criminal defense attorney, I assist clients in getting their licenses reinstated in New York State. I serve clients throughout the United States and Canada. Call the Law Office of Michael Kuzma to set up a complimentary consultation.
Driver Violation Point System in New York
The State of New York has a system in place, called the Driver Violation Point System, which assigns points for certain traffic violations that accumulate over time. If a driver reaches a certain number of points within a certain timeframe, their license may be suspended or revoked. Points stay active on your license for 18 months.
The Driver Violation Point System in New York assigns points for certain driving violations, which include things like speeding, reckless driving, and running a red light. Points accumulate over time, and if you reach 11 or more points within an 18-month period, your license may be suspended. This is called a “definite suspension.”
The Difference Between License Suspensions and Revocations
If you are at risk of losing your driving privileges in New York, you need to know the difference between license suspension and revocation:
License suspension is a temporary loss of driving privileges, meaning you cannot legally operate a motor vehicle for a specified period. The length of the suspension depends on the reason for suspension, and it can vary from a few days to several months.
License revocation is a more serious matter. It means your driver’s license is canceled and your driving privileges are terminated. After a revocation, you must apply for a new license, which may involve taking tests and reapplying to the DMV.
The main difference between a license suspension and a revocation is the duration of time that driving privileges are taken away. A suspension is typically for a set period, whereas a revocation is much longer and requires more action to regain driving privileges. Suspensions are usually consequences for less severe violations, whereas revocations are reserved for serious offenses.
Additionally, when your license is suspended, your auto insurance rates may increase when you are able to resume driving. When your license is revoked, you will be required to pay higher insurance premiums when you get your new license.
Reasons for License Suspension in New York
In New York, driver’s license suspension can be definite and indefinite. A definite suspension means that your driving privileges are suspended for a certain amount of time. An indefinite suspension means that your driving privileges are suspended until you comply with a specific set of conditions that vary depending on the reason for the suspension.
Below are common reasons for definite suspensions in New York:
driving without auto liability insurance
having a conviction for an alcohol or drug-related driving charge
accumulating 11 points within an 18-month period
failing to follow the rules for drivers with a junior license
Below are common reasons for indefinite suspensions in New York:
failing to answer a traffic ticket
having an unpaid state tax debt
failing to pay child support
having unpaid Driver Responsibility Assessment
failing to file a motor vehicle accident report when required by law
not having auto liability insurance
In addition, the New York State Department of Motor Vehicles (DMV) can suspend your driver’s license due to a medical condition if that condition impairs your ability to drive safely.
Reasons for License Revocation in New York
The process for getting your license back after revocation depends on the reason why your license was revoked in the first place. Below are common reasons for license revocation in New York:
being involved in a motor vehicle accident while driving without insurance
being convicted of a serious traffic offense
failing a DMV road test
making false statements when applying for a license or registration
being involved in a motor vehicle accident that caused someone’s death
No matter your reason, I highly suggest consulting a skilled attorney in your area so you can explore your options for restoring your license.
How to Get Your License Back?
The process for getting your driver’s license reinstated differs depending on whether your license was suspended or revoked. In order to get your license back after a suspension, you will generally need to wait until the end of the suspension period or comply with a specific set of conditions.
The process for regaining your driving privileges after revocation is more complicated. If your license was revoked, you will need to seek approval from the DMV’s Driver Improvement Unit (DIU) before applying for a new license. The DIU will perform a thorough review of your driving record when deciding whether or not you should be allowed to restore your license.
In addition to seeking approval from the DIU, you will also need to:
clear any suspensions on your driver’s license;
pay applicable fines for traffic violations; and
pay reapplication fees.
However, not everyone is eligible to apply for a new license after revocation. Under certain circumstances, a driver’s license can be revoked permanently. If that is the case, you will not be able to get a driver’s license in New York or anywhere else in the United States.
Get the Support You Deserve
License suspensions and revocations are serious matters, but there are actions you can take to regain your driving privileges. If your license was suspended or revoked in New York, contact the Law Office of Michael Kuzma. As an experienced traffic law attorney, I can explain your options for getting your license back and will be by your side to help you navigate the process. Reach out to my office in Buffalo, New York, today to get a free consultation.