How to Get Your NYS Driver's License Restored After Suspension
Maybe you have an out of state driver’s license and cannot get it renewed because of something in New York State. Maybe you have a nagging feeling that keeps you up at night about that ticket you never answered 7 years ago in upstate NY. Maybe you received some weird notice in the mail telling you that your New York State driver’s license or driving privileges are suspended or revoked. Whatever the case, you need answers on how to research and clear your suspensions. For that, you have come to the right place.Why is my New York State License Suspended?
New York State has the right to suspend or revoke your NYS driver’s license and / or privileges for over 100 reasons, many of which have nothing at all to do with driving a vehicle. The reasons are contained in NY VTL § 510. Common non-driving related license suspensions include failing to pay child support, failing to pay NYS taxes, and drug convictions.
Most driver license suspensions occur because the motorist failed to answer a traffic ticket, pay a fine to a court, or pay a DMV fine, assessment, surcharge, or suspension / revocation lift fee. Depending on the nature of the suspension or revocation depends on the method for getting your license or privileges un-suspended and restored. You may have to make a payment online, pay an assessment, pay a suspension lift fee, appear before a court, contact a particular unit of the NYS DMV, make a written application, or submit a written, sworn and notarized affidavit.How to figure out why your NYS driver’s license or privileges are suspended or revoked
What you need to do to determine of your New York State driver’s license or privileges are suspended or revoked is to pull from the NYS DMV your “Abstract.” An abstract is a document you get from the NYS DMV that lists on it all of your suspensions. For example, if you failed to answer a ticket in Harrison, NY Town Court, it will list a suspension out of Harrison, NY. It does not, however, tell you how to clear the suspension or what the underlying ticket was written for. This you must figure out on your own.Our law firm’s suspension clearing program
For motorists who are too busy to do the leg work, or are confused as to the nature of the suspension(s) or revocations, our law firm has a service to satiate that need. For a nominal fee, we will do the following:
- Obtain from the NYC DMV on your behalf your Abstract
- Review and interpret it
- Contact all of the various courts and / or agencies and / or units of the NYS DMV and ascertain specific instructions on how to clear your suspension(s) or revocation(s); and
- Give you clear instructions, either verbally or in writing, on the step by step process you must undertake to clear your NYS suspensions and / or revocations
This service does not include representing you before a court or completing any applications or paperwork on your behalf. However, if you decide to retain our office to further represent you before a court or the DMV, or to make applications on your behalf, the initial fee paid for the research and consultation on how to clear your license will be deducted from any further fee for service.If you suspect your license in NY is suspended or revoked do not drive!
Charges and penalties for driving on a suspended license are serious and severe. If you are caught driving while your NY State license is suspended you will be criminally charged with aggravated unlicensed operation under NY VTL § 511. You will be taken into custody, your car will be towed, and you may have to post a bond to get released. You will be facing jail time as well as a permanent, unsealable criminal history. Depending on how many suspensions you have, you could be charged with a felony as well:
AUO 3rd Degree: NY VTL § 511(1)(a) : Having no more than 2 suspensions. A misdemeanor which carries a fine and surcharge of over $500.00, jail of up to 30 days, and probation.
AUO 2nd Degree: NY VTL § 511(2)(a) : Having between 3 and 10 suspensions, or suspended for various specific reasons, such as a suspension due to a DWI charge. A misdemeanor which carries a fine and surcharge of over $1,000.00, a minimum of 7 and up to 180 days in prison, or probation.
AUO 1st Degree: NY VTL § 511(3)(a) : Having over 10 suspensions. An “E” felony which carries a fine and surcharge of up to $5,000.00, up to 4 years in prison, or probation.