Wednesday, January 14, 2015

Ithaca DWI Lawyer: Dealing with a New York License Suspension

See below to read Notice of DMV License Suspension


In a perfect world, someone gets a traffic ticket and deals with it in a timely manner. Whether they do it themselves or with an attorney IT (the ticket) is handled and put to rest.

In the real world people are busy, they move, they change jobs, and tickets get forgotten. Sometimes it is unintentional as in, OMG I forgot about that one or sometimes it is intentional as in who gives a crap what New York wants I live in Boston.

Traffic Tickets Must Be Dealt With OR Else? Or Else What?




Regardless of the circumstances eventually every ticket MUST be dealt with or else they will hold your operating privileges hostage. There are national and federal data bases of information where all of your infractions are recorded. The states share moving violations, lapses in insurance coverage, license action, and registration freely in order to prevent terrorism and to raise revenues (yeah money).

In the case of New York State traffic tickets IF you don't show up or answer them with the Court it is reported to the Albany DMV. Albany then sends out a letter telling you (notifying you) hey you gotta handle this ticket OR else your privileges to drive will be suspended. If you are from out-of-state (have an out-of-state driver's license) your state DMV will eventually receive notice.

You have a window of opportunity at that point to handle the ticket before the suspension goes into effect. Usual time periods run 4 to 6 weeks. Enough time to hire a lawyer or get to court, maybe?

If you Pass the window of opportunity, and your license is suspended THEN you must still handle the ticket and also pay a suspension lift fee. Current NYS suspension lift fee is $70.


NOTICE OF DRIVER LICENSE OR DRIVING PRIVILEGE SUSPENSION

The Department of Motor Vehicles has been notified by the court shown below that, for a period of at least sixty (60) days from the return date, the last adjournment date, or the date of the fine/surcharge imposed by the court was due, you failed to appear or to pay the fine/surcharge. Section 510 (4-a) of the New York Vehicle and Traffic Law authorizes the Commissioner of Motor Vehicles to suspend the driver license or driving privilege of anyone who does not appear in court or pay a fine/surcharge when required to do so.

To avoid suspension of your driver license, it is recommended that you respond to this notice 7 days prior to the suspension date. We suggest you keep the motorist copy for at least 6 months from the date you answer the ticket or pay fine/surcharge. 


There are Two Ways to Deal with a New York State Ticket POST-License Suspension


Way # 1

Some judges (justices/courts) will allow you to pay the suspension lift fee separate and aside form resolving your underlying ticket. This will remove the license suspension. Often I request this when handling a case where the suspension is in effect and now I need to deal with negotiating the ticket with the prosecutor.

Way # 2

Some judges (justices/courts) will NOT allow you to pay the suspension lift fee separate and aside form resolving your underlying ticket. They will NOT remove the license suspension. They want you to resolve the ticket and pay the lift fee simultaneously. They do not want or trust you to  deal with negotiating the ticket with the prosecutor prior to removing the suspension.

This is normally the case where you have neglected a ticket, and now don't want a suspension. In many cases they will trust an attorney with separating the process into suspension lift AND THEN ticket negotiation.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses. I am an attorney, former chiropractor, coach, advisor, and professional speaker.

My online materials include over 500 + blog posts, dozens of articles, and over 500 + informative videos on my youtube channel. I have authored and co-authored numerous books and articles on law both universal and man-made.

I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com