Receiving a driver’s license suspension or revocation notice is a serious matter. These actions typically do not stem directly from a court conviction. Instead, they are administrative actions taken by the New York Department of Motor Vehicles. Such a notice alerts the license-holder that they risk losing their ability to drive, usually due to traffic violations or other offenses.
When a suspension is issued, the individual's right to drive is temporarily withdrawn for a set period. On the other hand, a revocation completely terminates these privileges, often requiring the driver to reapply for a license after a certain period has passed, if at all possible.
Ignoring the notice of suspension is equivalent to forfeiting your chance to contest the decision. A proactive response could preserve your driving privileges.
At Martin A. Kron & Associates, P.C., we assist with suspension and revocation hearings. To schedule a consultation with our New York lawyer, please call (212) 235-1525 or submit an online form.
The Risks of Disregarding a Suspension or Revocation Notice
Receiving a notice of driver's license suspension or revocation sets the stage for the potential loss of driving privileges. The notice often includes a crucial component: an invitation to an administrative hearing. This hearing is a formal opportunity for you to contest the suspension or revocation before it takes full effect. By choosing not to respond or attend the hearing, you give up your right to be heard.
On the other hand, choosing to participate in the administrative hearing opens a window of opportunity. This forum allows you to bring forward witnesses, provide documentation, and present a comprehensive defense as to why the proposed suspension or revocation may be unjustified.
The Consequences of Driving with a Suspended or Revoked License
Driving with a suspended or revoked license carries significant risks that can lead to serious legal, financial, and personal consequences. Under Section 511 of the Vehicle and Traffic Code, individuals caught driving while their license is under suspension or revocation can be charged with aggravated unlicensed operation, a misdemeanor. The charge applies when a person knowingly drives on a public highway with a suspended or revoked driver’s license.
If a person is convicted of aggravated unlicensed operation, the court can impose fines ranging from $200 to $500. Additionally, substantial legal fees are often involved in defending against these charges, which can further escalate the financial burden.
Beyond financial penalties, the individual also faces possible incarceration. Upon conviction, the court may sentence an individual to up to 30 days in jail. Alternatively, the court might impose probation, including restrictions and requirements, such as regular check-ins, community service, etc.
Steps to Take If You’ve Received a Suspension or Revocation Notice
When you receive a notice of driver's license suspension or revocation, it is critical to act promptly and thoughtfully to safeguard your driving privileges.
Immediate Actions
Upon receiving a suspension or revocation notice, your first step should be to carefully read the document to understand the reasons behind the suspension or revocation and the details of the administrative process. Key to this process is the opportunity to request and attend an administrative hearing. This hearing is crucial as it is your primary opportunity to contest the suspension or revocation. Responding to the notice and scheduling this hearing should be your top priority, as delays can result in suspension or revocation without further options for appeal.
Seeking Legal Help
Consulting with a lawyer can influence the outcome of your case. An attorney understands the legal nuances of traffic law and can effectively navigate complex administrative procedures. They can guide on preparing your defense, which may include gathering evidence, arranging for witness testimony, and formulating a compelling argument to maintain your driving privileges.
Martin A. Kron & Associates, P.C. provides robust legal representation for traffic-related cases in New York. Contact us at (212) 235-1525 today.