Suspended vs. Revoked Licenses

Suspended LicenseMany New York motorists either suffer a suspension or revocation of driving privileges during their lives. The main difference between the two is that a suspended license takes away the privilege to drive for a period of time, and at the end of that time the New York State Department of Motor Vehicle (DMV) will allow the driver to pay a suspension termination fee (currently $50.00) to restore the license or operating privileges.

A revocation, on the other hand, cancels (revokes) your license. For valid out of state drivers, it revokes the “privilege to operate” here. To have one’s license reinstated, you may reapply about six weeks before the end of the revocation period. See attached negative points chart below!

The suspended license is automatically reinstated with no review of your driver’s license. On the other hand, with certain exceptions, a license revocation is for a minimum fixed amount of time established by a revocation notice which states it’s minimum length and date to reapply to DMV with the requested fees (currently $50.00) as well as proof that such driver has complied with all the necessary requirements outlined in the revocation notice.

Please note, unlike a suspension, the clock does not automatically stop ticking with a revocation. The driver starts the restoration process by submitting a completed application. After the driver initiates this process DMV will conduct a review of your current driver’s history and decide whether to allow you to reapply to have your driving privileges reinstated.

The following chart list mandatory suspensions and revocations . These are from the New York State Department of Motor Vehicles Website (NYSDMV.com):

MANDATORY SUSPENSIONS AND REVOCATIONS

Alcohol and Drug Violations

Driving While Intoxicated (DWI), or with .08 % Blood Alcohol Concentration (.08 BAC) 6-month revocation
Driving While Ability Impaired by a Drug (DWAI-Drug) 6-month suspension
DWI, .08 BAC or DWAI – Drug committed within 10 years of any previous violation 1-year revocation
Driving While Ability Impaired by Alcohol (DWAI) 90-day suspension
DWAI committed within 5 years of any previous alcohol or drug-related violation. 6-month revocation
First alcohol or drug-related violation by a driver, except Zero Tolerance, under age 21 1-year revocation*
Second alcohol or drug-related violation by a driver, except Zero Tolerance, under age 21 Revocation until age 21, or 1 year whichever is longer*
Driving Under the influence (DUI) outside New York State: Alcohol. 90-day revocation
Drug 6-month suspension

* These penalties apply even if the driver is adjudicated as a youthful offender.

Other Violations

Homicide, assault or criminal negligence resulting in death from the operation of a motor vehicle 6-month revocation
False statement on an application for a license or registration, or substitution of another driver for a road test:
Conviction in criminal court of speed contest, leaving the scene with personal injury, reckless driving`11`z 6 month revocation
Speed contest 6 month revocation
Second speed contest within 3 years 1 year revocation
3 speeding and/or misdemeanor traffic violations committed with 18 months 6-month revocation
3 acts of passing a stopped school bus within 3 years 6-month revocation
If you are under age 21 and refuse to take a chemical test within five years of a prior alcohol or drug- related conviction, your license will be revoked for at least one year or until you turn age 21, whichever is longer.The New York State Zero Tolerance Law makes it illegal for a driver under 21 to have consumed alcohol. A police officer who believes you have consumed alcohol, but not enough to charge you with a violation of DWI or DWAI, (.05+) may temporarily detain you to request or administer a test for blood alcohol content. If your results show a BAC from .02 to .07, you will be notified to appear at a DMV hearing. If the judge’s finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Subsequent offenses result in license revocation for at least one year or until you turn 21, whichever is longer, plus a $125 civil penalty and a $100 license re-application fee. 6-month revocation

If a motorist suffers a revocation of his or her license in New York State, an application for re-licensing must be approved by the commissioner. Most drivers today are aware that if they are convicted of three speeds received within an eighteen month period or accumulate 11 points within eighteen months, his/her privilege to drive will be suspended or revoked A driver can retain an attorney to reopen a guilty plea via a Motion to Vacate or Coram Nobis Application. This is an application to vacate a guilty plea, restore the matter to the trial calendar, and attempt to negotiate a plea that will not result in a revocation or suspension of one’s privileges.

If a motorist continues to operate while under revocation he or she will face additional criminal charges and negative points/or units which tends to push forward the date at one can reapply.

The New York Department of Motor Vehicle assigns negative units or points as follows:

Safety factor Assigned Negative Units over one to three years of application within one year of application
1. For each reportable accident of record or with a finding by the referee of gross negligence in the operation of a motor vehicle or of operating a motor vehicle in a manner showing a reckless disregard for the life and property for the life and property of others. -5 -8
2. For each reportable accident of record with conviction involvement or with a finding by the referee of a violation of the Vehicle and Traffic law -3 -4
3. For the first and second speeding conviction of record* -3 -4
4. For the third and subsequent speeding Conviction * -5 -8
5. For reckless driving -5 -8
6. For each conviction of record for leaving the scene of a personal injury accident -8 -11
7. For each alcohol related offense of record as follows :
     i. conviction for violation of subdivision (1) of section 1192 of the Vehicle and Traffic Law:
      1st offense -5 -8
      2nd offense -8 -11
      3rd or subsequent offense -11 -14
    ii. conviction for violations of subdivision (2), (3) or (4) of section 1192 of the VTL:
      1st offense -8 -11
      2nd or subsequent offense -11 -14
    iii. Chemical test refusal -6 -11
8. For each conviction of homicide or criminally negligent homicide arising out of the operation of a motor vehicle -11 -14
9. i. For each incident of driving during a -10 -12
period of alcohol related license suspension or revocation ii. For each incident of driving during a period of License suspension or revocation -8 -10
10. For each conviction or finding by the Commissioner’s referee of a violation of section 392 (false statements) -3 -4
11. For each other conviction of record for a moving violation -3 -2

* For each speeding violation of 25 miles per hour or more over the posted speed limit, add one point.

(a). The point reduction program shall not apply to any of the negative units listed above.

(b) For the purpose of this part , the time periods for the computation of safety factors shall commence as of the date on which the incident occurred.

(c) In any case where two or more safety factors which are not independent of each other arising out of a single incident, only one of these safety factors shall be taken into consideration in a review of the total record. The safety factor which shall be taken into consideration in these cases shall be the safety factor having the greater weight, either one may be taken into consideration.

An application for a drivers license shall be denied after a review of the total record if:

(1) If a motorist suffers a disability, and after review by the commissioner, ta decision is made that such individual may not safely operate a motor vehicle; and/or

(2) There is a history of abuse of alcohol or drugs with insufficient evidence of rehabilitative effort; and/or

(3) There is a combination of safety factors which result in 25 or more negative points/units as set forth in New York State negative points /or unit above

Upon the termination of the probation period most drivers may reapply if all requirements are met. NYSDMV will approve the application by mail. The time frame for this correspondence varies depending on volume but it is normally answered within 30 to 60 Days.

 

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