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Driving on a Suspended License

July 23, 2016

In New York, your driver’s license may be suspended or revoked for a variety of reasons. The reasons include convictions for certain offenses and failure to pay child support. If you are caught driving with a suspended license, you may be charged with a misdemeanor or possibly a felony, depending on the circumstances. An experienced New York criminal law firm like Raiser & Kenniff, PC can help you resolve driver’s license issues and represent you if you have been charged with a crime related to driving with a suspended license.

Some of the specific reasons why your license may be suspended or revoked include, but are not limited to, the following:

  • Operating a vehicle while under the influence
  • Racing
  • Multiple speeding convictions
  • Leaving the scene of an accident
  • Conviction of certain drug crimes
  • Persistent violations of traffic laws
  • Failure to pay a fine
  • Failure to pay child support

The steps to remove a license suspension depend on the reasons for the suspension. In most situations, you will be required to pay a reinstatement fee. You may also be subject to application fees and other general fees.

There are several different levels of criminal charges that may result if you are charged with driving on a suspended license. If you are charged with third degree aggravated unlicensed operation of a motor vehicle, a misdemeanor, you may face a fine and up to 30 days in jail. For second degree aggravated unlicensed operation of a motor vehicle, also a misdemeanor, you may face a higher fine, up to 180 days in jail and probation. If you are driving under the influence while your license is suspended or have multiple prior convictions, you may be charged with a felony and face significant fines, jail time and probation.

If you have a suspended license or are facing criminal charges related to driving on a suspended license, it is important that you seek out an attorney who has experience with these types of cases. An experienced attorney will know what is needed to resolve your license issue and can guide you through the process. An attorney can also represent you in the criminal charges.

If you are charged with a crime related to driving on a suspended license, there may be certain defenses available to allow reduction or dismissal of the charges. For example, if the police officer cannot state facts to show a legitimate reason to pull you over, then the case may be dismissed because the stop was illegal. In addition, sometimes a license suspension is incorrectly recorded based upon a clerical error or other mistake. Sometimes, these mistakes can be identified and cause the charge to be dismissed.

The possible defenses that may apply depend on the particular facts of your case. A criminal defense attorney will be familiar with the common issues that arise and will be able to identify potential defenses for your situation. A criminal defense attorney will advocate on your behalf and protect your interests. In cases where a legitimate defense cannot be identified, an attorney will seek to negotiate a fair resolution on your behalf. If your case proceeds to trial, an attorney will question witnesses and argue your case.

The legal team at Raiser & Kenniff, PC knows the law regarding license suspensions. They have experience representing drivers who have been charged with crimes related to driving on a suspended license. They know what defenses to look for and what it takes to resolve the case. Call for a consultation.



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