The BIG TEN reasons for a NYS License Suspension:
(the following is an excerpt from our ebook, "Everything You Need to Know About a NEW YORK DWI and YOUR DRIVER'S LICENSE," by Attorneys Mike Cyr and Larry Newman, copyright Cyr & Associates 2015.
Unpaid tickets, Court fines, and/or DMV surcharges can get your driver's
license suspended;
Three speeding tickets within 18 months can get your driver's license
suspended;
11 points from various traffic violations within 18 months can get your
driver's license suspended;
Driving without insurance can get your license revoked for a year;
Physical (medically related) illness and/or psychological illness can get
your license suspended;
Using a false driver's license (altered or unlawful use) to obtain alcohol
(under 21) can get your license suspended;
Leaving the scene of an accident with injuries can get your license
suspended;
Being charged with a DWI can get your license suspended;
Refusing to take a police-requested blood and/or breath test can get your
license suspended.
NOTE: License Suspension and License Revocation are different. Suspensions
are generally shorter, easier to terminate, and the underlying privileges to drive
still exist. Revocation means cancellation of privileges. It may require classes,
high fines, longer time periods, re-testing (written and/or road and/or medical),
completion of rehabilitation and/or treatment for the license to be reinstated
(reissued).
What should you do after you get suspended?
Get a copy of your NYS DMV abstract, currently $10.00. Even out-of state
license holders can get a copy of their NYS record (to see any action pending)
based upon an address and DOB (date of birth). These out-of-state license
holders may have even been assigned a nine-digit NYS driver ID because of
previous infractions (violations).
A second way to discover what is amiss is to contact the NYS DMV Driver
Improvement Unit in Albany, NY. Local DMV records generally go back 10 years,
but Albany has your lifetime driving history. You may have issues that go back
15 or 20 years that require correction.
Driving is not a luxury for some people, it is a necessity. It is even possible to get
some type of license (privilege) while you are in a state of suspension or
revocation.
Now that you know why your privileges were suspended or
revoked, you have to ask three questions:
First question, are you even "eligible" for a special license (restricted or
conditional)?
If the suspension is for monies due, then NO, they must be paid first.
NOTE: Some courts will not even let you pay the suspension lift fee (currently
$70.00) UNTIL all the underlying tickets (citations/violations) are completely
resolved (disposed of).
If the suspension is for speeding tickets and/or too many points, then YES.
If the suspension is for a DWI, then YES if you have not had a prior DWI within 5
years.
Second question,is the suspension from POINTS and/or SPEEDS or a
DWAI drug conviction?
You can apply for and receive a RESTRICTED license at the NYS DMV. It is a
pretty simple form. The restricted license is to drive ONLY for work, school, and
medical care during the time of your suspension. Suspension periods will vary,
from a low of 31 days to a high of one year, depending upon the underlying
reason for it.
Third question, is the suspension for a DWI alcohol or a DWAI alcohol?
The main word here is ALCOHOL, then you are probably eligible for a
CONDITIONAL driver's license. The conditional driver's license is ONLY for
alcohol-related offenses. It also gives the holder the ability to drive for treatment,
rehabilitation, education, and counseling (all relating to their sobriety), and for
work purposes (scope/course of employment), medical, and education.
The good news is that the DMV does not require PROOF of the job, school,
and/or medical locations. The bad news is if you lie on their form (and attest by
signing to it's truthfulness) you are guilty of a crime. Not a good idea to lie on any
DMV applications to obtain privileges you are not legally (administratively)
entitled to.
*There's our best explanation of the two main types of special licenses in NYS.
There is another new type of restricted license for those with multiple DWIs, a
long term history of violations, multiple accidents, and many points, BUT that is a
story for a different day. That type of restricted license would come with an
Ignition Interlock device requirement for a great many years.
Why Do You Have an INDEFINITE period of License Revocation?
We have seen privileges to drive withheld "indefinitely" after DWIs, reckless
driving charges, vehicular assaults, after our client was found guilty of both DWIs
after a trial, and after medical suspensions. The reasons to deny a license or
reinstate one are endless. Usually it is based upon a combination of factors, a set
of circumstances, and/or a history.
Of the situations of indefinite periods of license revocation that occur we
usually encounter one of two things:
Negative Units or History of Alcohol/Substance Abuse.
Note: We are not getting into the multiple DWI reason for withholding a license as
that is usually a given (easily explainable, understandable, and defined in law).
What are Negative Units?
The NYS DMV has a special system in place that is largely unknown by most
attorneys and lay people. Under 15 NYCRR § 136.6, DWs, some traffic offenses,
and accidents are not assigned the traditional "points" against your license
instead they are assigned just "negative units" by the DMV. Any offense that
results in a suspension or revocation of privileges will likely have negative units
and NOT points.
Easy Formula: More Units = Less Safety = No License
15 NYCRR § 136.6 is a "safety factor" section of NYS law that specifically
assigns "negative units" to different offenses/accidents/DWs. This is part of the
record that the DMV Commissioner looks at if they are considering giving you
back your license to drive. Things like reckless and speeding get assigned points
and negative units. So a double whammy of trouble. Everything "bad"
driving/behavior related can cause an uptick on your safety factors. In this
instance, more is not good, but bad with a capital B.
The Surprise
People are often confused after completing all the NYS programs that they are
denied reinstatement of their license/privilege. It is likely that you have too many
negative units (more than 25 pursuant to Under 15 NYCRR § 136.4(a)(3).
If you are revoked for a DWI, for example, maybe 2 DWs in the same event, and
you have other driving offenses when the revocation period ends, then you apply
for your license back. The DMV doesn't give you back your license because you
have too many negative units. The six month/one year revocation or the ability to
get your license back after taking the DDP never happens.
Do You Have a Drug/Alcohol History?
The second major reason not to reinstate privileges is if they classify you as a
person with a history of Alcohol/Substance Abuse. The NY DMV also states that
any driving record (abstract) with 2 or more "alcohol" related charges (could be a
DWAI or DWI) within 10 years and boom, you now have a history of alcohol
abuse. This is further defined in Part 136.1 (b) (3) of the Regulation of the
Commissioner of Motor Vehicles.
Getting it (Your License/Privilege) Back After Being Classified
So to get your driver's license back after having 2 incidents within this 10 year
time frame you MUST fill out and file DMV form DS-449, and submit evidence of
either rehab (following an OASAS evaluation and follow up recommendations)
OR a clean bill of health (i.e. after a drug / alcohol eval =no further treatment is
necessary). Form DS- 449 is called "Alcohol Abuse Rehab. Program Summary."
*If you need more information about a New York DWI and Your License--read our free ebook linked at top of this post.
Call us with questions: 607-229-5184
Send me an email: mike.ithacadwi@gmail.com
www.ithacadwi.com
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COPYRIGHT CYR & ASSOCIATES 2015
By Mike Cyr
