New York Drivers License Suspension
It is not uncommon for a person’s driver’s license to be suspended and not even know it. Sometimes the first time they find out is when they are arrested. Unfortunately, lack of knowledge is not a defense. According to New York Vehicle and Traffic Law, Section 511, if your driver’s license has been suspended (depending on the particular circumstances of the case) you could be charged with aggravated unlicensed operation. This crime can happen fairly innocently. Perhaps you received a moving violation ticket and either did not respond, failed to pay the fine, or did not appear in court. If your license has been suspended, call a New York Driver’s License Suspension Lawyer from Stephen Bilkis & Associates, PLLC. We will provide you with sound legal guidance and ensure that your rights are protected.
It is important to remember that the DMV will mail you a letter notifying you of a problem with your license, and that it is in danger of being revoked. Often people get into to trouble because they never receive the notification. Usually this is because they have moved and do not notify the DMV of the address change. If you do not receive this letter, or for whatever reason fail to action at that point, your license will be suspended. Commonly the first time people are aware of this problem is during an unexpected arrest due to a minor traffic stop. Our legal team can explain that irrespective of why your license actually was suspended or revoked, not being aware of the problem cannot be used as a defense.
The New York District Attorney will look at your record to see if this is a first offense, or if you have had suspensions or revocations in the past to determine what you will be charged with. For instance, if you have received four traffic tickets and do not properly take care of them, each citation counts as a suspension. These four suspensions cannot be fixed without each one being addressed separately. It is important to note that four suspensions are considered a misdemeanor, which is punishable by one year or less in jail.
If you have been charged with aggravated unlicensed operation, the penalties are as follows:
Third Degree AUO: Is considered a misdemeanor offense. You can be charged up to $500 and be sentenced to up to 30 days in jail.
Second Degree AUO: Is considered a misdemeanor offense. You can be charged with a fine of up to $500 and receive 180 days in jail.
First Degree AUO: Is considered a felony. You can be charged a fine of $5,000 and be sentenced to state prison.
Another way that people get their license suspended or revoked is to obtain 11 points (or more) for moving violations within an 18 month period. If you know you have acquired 11 points or more, it is important to contact our legal team for guidance and to ensure your rights are protected.
Today having a valid driver’s license is essential to function in our busy mobile society. If your license has been suspended, speak with our legal team. We can help you fight your case effectively and restore you license. We have offices to serve you in Manhattan, Queens, Brooklyn, the Bronx, and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule a free consultation at 1.800.NY.NY.LAW.