Suspensions/Revocations

There are two general categories of suspensions and/or revocations: Discretionary; Mandatory.

One way you will know you are in jeopardy if you are told that your violation is a Required Appearance.

Discretionary Suspension/Revocations

By definition, discretionary suspensions/revocations are ones over which the judge can either choose to impose them or exercise his discretion not to. Generally, these would involve a situation of an accumulation of too many points (see points chart) or a specific incident which the judge feels a significant safety hazard exists were he not to suspend you.

For example:

• Excess speed/ a speed of 31 miles or more over the limit
• Excessive convictions even if not too many points ie. 5 seatbelt/cellphone convictions
• 11 or more points within an 18 month period
• Less than 11 points but a pattern of violations for serious infractions: tailgaiting, red lights, speeds, school bus
• Failure to Yield Right of Way – usually to a pedestrian

In general it is our job to know which judge suspends for what and to prevent a discretionary suspension of your license.

Mandatory Revocation/Suspension

These suspensions/revocations are automatically generated by the conviction of the charge you are facing. No judge can waive it, the only way out is by being found not guilty (if within NYC) or a modification of the charge (anywhere else in NYS but NYC).

Examples of such are:

• Probationary Violations – The first 6 months one receives a license he is on probation. You cannot receive:
• Any 2 moving violations or;
• 1 tailgating violation;
• 1 speeding violation.

If convicted of the above it is a mandatory 60 day suspension of your license.

Three Speeds/Misdemeanor – If you are convicted of any 3 speeds, a combination thereof, you will be revoked for 6 months.

Restricted License Violation – When you are suspended or revoked you may be entitled to a restricted license to enable you to drive for work or medical emergency. If you get any violation, even a cell phone or seatbelt while you possess such a license, you will be revoked/suspended for the period you originally had.

Operating Without Insurance – If you are convicted of such, your license will be revoked for one year. You will also be subject to fines up to $1,000 and a civil penalty of $750.

This is a very serious charge and it is not always enough of a defense to say it wasn’t your car.

Revocation vs. Suspension

In the case of a suspension, you will be able to have yoru full license back at the end of the proscribed period.

You may be allowed to get a restricted license to use for the interim but it is not required.

In the case of a revocation; if you do not take/aren’t entitled to a restricted license, you will be required to re-apply to Albany at the end of the revocation period. You WILL NOT be re-issued a license automatically.

Suspension Termination Fee

When your license is suspended/revoked, in addition to whatever fines or period of time served, you must pay a $35 fee in order to re-instate your license.

This will go into effect whether it’s a suspension for failing to answer a summons (more than 64 days from the date you received the summons), failure to appear at a scheduled hearing (30 days after the court date) or any other suspension such as an insurance lapse, or suspension for a specific conviction.