If your license has been suspended or revoked, you will be off the road for what could be a long period of time. However, not all hope is lost – following a suspension or revocation, you will have the right to present your case in an administrative hearing to appeal for a reinstatement of your driving privileges. In this blog post, we will review the grounds for a license suspension or revocation and how to prepare for your defense in the administrative hearing.
Why Did My License Get Suspended or Revoked?
A suspension is when your license or driving privilege gets taken away for a definite or indefinite amount of time. You might have a beginning and end date to the suspension or no end date at all until you take required action.
On the other hand, if the DMV has notified you that your license is revoked, then your license has been cancelled and you must get a new one when the revocation period ends. Be aware that in most cases you must first request approval from the DMV when the revocation period is over before you can get a new license. Also note that you may be required to take the written and driving tests again as well as pay a license re-application fee. Your application could be denied if you have a high-risk driving record or fail to meet DMV requirements.
Common reasons for suspension or revocation might be:
- Persistent violations (accumulation of too many points on your driving record)
- High speed
- False statement on a driver’s license application
- Involvement in a fatal accident
- Failure to submit to a breath test
- Repair shop violations
However, once you receive a notice that your license is being suspended or revoked, you will have a chance to fight for your driving privileges in an administrative hearing.
Preparing for a Hearing
If you are facing suspension or revocation of your driver’s license, you should be aware of the process for requesting a hearing and making arguments for your case at the hearing.
Depending on your situation, you must formally request a hearing related to the suspension or revocation of your license if you do not want to lose your right to drive automatically. Under New York Vehicle and Traffic Law, you can request a hearing within 15 days of being arraigned if your license is at risk of revocation.
However, if you fail to schedule a hearing within the specified period of time, your suspension or revocation could go into effect and you could lose the opportunity to argue for why you should keep your right to drive.
Depending on the reasons for your possible revocation or suspension, there are a few different ways you might argue for your right to drive. For instance, potential defenses might include:
- Claiming insufficient evidence for violation;
- Questioning the behaviors for which your license is at risk; and
- Needing a license to fulfill work or family obligations.
On the last point, you could try to argue for a hardship license so you do not completely lose your right to drive. If you can prove that you need a license to fulfill work or family obligations, you may be allowed a restricted license to drive only for limited purposes, even though your normal license would otherwise be temporarily lost due to the driving infractions you have committed.
The right approach during the hearing is going to depend upon the specific reasons why your license is at risk. It will be especially helpful to find an experienced traffic lawyer to strategize your defense, as they will best know what to argue based on your specific situation. Our traffic lawyer can examine your case in detail to devise a strong argument for retaining your driving privileges.
Before settling your case, contact us at Martin A. Kron & Associates, P.C. for a consultation today.