Mandatory Driver’s License Suspension and Revocation
In New York there are many ways that one’s driver’s license can be impacted by traffic tickets, but some violations of the law mechanically require a judge to either suspend or revoke your license. Offenses that can trigger mandatory revocation of your New York driver’s license include, but are not limited to: Assault with a motor vehicle, leaving the scene of an accident, making false statements on your driver’s license application or registration application, modifying a license plate or registration, 3 speeding convictions in 18 months, racing, abandoning a car or motorcycle and not paying the subsequent fine, becoming legally blind, a violation of the right of way that results in serious injuries to someone where within the last 18 months a similar accident occurred, driving while ability impaired, and driving while intoxicated. In the especially serious case of someone being convicted twice of DWI wherein both times someone was seriously injured, no new driver’s license may be issued to that person. Revocation of one’s driver’s license is also mandatory where one refuses to take a breathalizer test.
If you or someone you know is facing mandatory revocation of their driver’s license, they need the most serious and experienced traffic lawyers in New York. Our aggressive and knowledgeable New York traffic lawyers will try all legal means to win your case so you can keep your driver’s license. Call us today for a free consultation.
Failure to make spousal and child support payments triggers the mandatory suspension of one’s driver’s license. The procedure for suspending the driver’s license begins when the Commissioner of Social Services apprises the Department of Motor Vehicles of support arrears. In order to trigger suspension, the arrears must have accumulated an amount greater than four months of aggregate support at the present rate. The driver’s license is suspended within 2 weeks of notice being sent, and the suspension continues until acceptable preparations for repayment have been made or a court order is entered ending the suspension. There is one exception to this. If severe adversity can be proven the court has discretion to lift the suspension for up to a year.
There are a number of other ways that someone can have their child or spousal support-based suspension lifted. If one’s income decreases, they fall on hard times and must go on welfare, or if the one who is in arrears pays, the suspension may be lifted. There is no other recourse. No hearing or way to sue the Department of Motor Vehicles exists to re-instate driving privileges exists. The best way to get one’s license back is to simply pay the arrears.
It is also now possible for the Department of Motor Vehicles to suspend one’s license for non-payment of New York State taxes. If a person has not 1) paid their past due taxes 2) has not made an acceptable payment plan, or 3) did make an acceptable payment plan and missed more than 2 payments within one year it is mandatory that the Department of Motor Vehicles suspend a person’s driver’s license. The person’s license will stay suspended until they have paid their tax debts.
The privilege to drive may be one of the single most important privileges in today’s world. Without being able to drive it can be hard to get to and from work. Our team of talented and aggressive New York traffic lawyers will get tough in court to protect your driver’s license. If you or someone you know is facing revocation or suspension of their driver’s license call our focused and experienced New York traffic attorneys today.