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Holding a
driver's license is a valuable privilege, protect your
rights!
What are some consequences for being convicted of a
traffic summons? |
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Fines
- Points
- License Suspensions
- Insurance Surcharges (payable to DMV)
- Jail Sentences
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The DMV can significantly affect your life, become aware of the many
penalties they can inflict on you and your family.
Click on a link to learn more
Learn About the Driver Responsibility Assessment Program
Learn about the "point system."
Learn
about the consequences of driving with a suspended or revoked license.
Learn
about the consequences of Driving While Intoxicated.
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DMV
Traffic Violations Bureau
If you are issued a ticket for a non-criminal moving traffic
violation in the five boroughs of New York City, Buffalo, Rochester,
or the Towns of Babylon, Brookhaven, Huntington, Islip, or Smithtown
in Suffolk County, it will be handled by a New York State Department
of Motor Vehicles (DMV) Traffic Violations Bureau (TVB).
This allows courts in these areas to concentrate on criminal cases,
including driving offenses, such as driving while intoxicated and
driving while suspended or revoked (Aggravated Unlicensed
Operation). However, TVBs do not handle
parking violations.
If you plead not guilty to a traffic
ticket in one of these TVB areas, your case will be heard by
a DMV Administrative Law Judge (ALJ), an experienced attorney
with special training in vehicle and traffic law. An ALJ
has the authority to decide whether or not you are guilty and to set
a fine if you are found guilty. An ALJ also has the
authority to revoke or suspend your driver license and or/auto
registration when required by law or when the ALJ believes it
is in the interest of traffic safety.
Just as in traffic courts in other area of the state, you may
present witnesses and evidence at a hearing before an ALJ and
be represented by an attorney.
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DMV
Safety Hearings
These hearings may involve issues dealing with persistent
violations, chemical test refusals, fatal accidents, making a false
statement on a license application as well as repair shop
complaints.
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Criminal
Court
Here we handle matters such as driving while intoxicated,
driving while impaired, reckless driving, leaving the scene of an
accident, driving while suspended (Aggravated Unlicensed Operation).
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Traffic
Penalty Definitions
Suspension- your license is taken away for a period of time
before it is returned to you.
Revocation- your license or privilege
to drive is cancelled. To get a new license, you must re-apply
to the Department of Motor Vehicles (DMV) once the revocation period
is over. A bad driving record or refusing to meet DMV
requirements may cause your application to be denied.
Compliance- means turning in
your driver license to a court or DMV. While you may not drive
once a suspension or revocation is ordered, credit for the
suspension or revocation period does not actually begin until you
turn in your license. Delay only results in a longer
suspension or revocation period. |
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| Mandatory
Suspensions and Revocations
Your driver license can be suspended
or revoked for a variety of reasons. Each suspension and
revocation listed here is the minimum.
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Alcohol
and Drug Violations
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Driving
While Ability Impaired by Alcohol (DWAI)
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90-day
suspension |
DWAI
committed within 5 years of any previous alcohol or
drug-related violation
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6-month
revocation |
Driving
While Intoxiacated (DWI) or with .08 % Blood Alcohol
Concentration (.08 BAC) or Driving While Ability
Impaired by a Drug (DWAI-Drug)
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6-month
revocation |
DWI,
.08 BAC or DWAI-
Drug committed within 10 years of any previous violation
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1-year
revocation |
First
alcohol or drug-related violation by a driver, except Zero
Tolerance,
under age 21
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1-year
revocation |
Second
alcohol or drug-related violation by a driver, except Zero
Tolerance,
under age 21
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Revocation
until age 21 or 1-year, whichever is longer |
| Driving
Under the Influence of Alcohol or Drugs outside New York State
(DUI) |
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90
day revocation |
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