License Suspension in New York

In New York, your driver's license can be suspended or revoked for a variety of reasons, including DWI, refusing a chemical test, accumulating too many points on your license, or failing to pay child support. A license suspension can have serious consequences on your ability to drive and can also impact your employment, education, and daily life. If you are facing license suspension for any reason, contact an experienced New York license suspension lawyer at Stephen Bilkis & Associates. With over 20 years of experience representing clients in DWI, criminal, and family law cases, have a thorough understanding on New York law and procedure related to license suspension. We are here to help.

There is a difference between license suspension and revocation. A license suspension is a temporary loss of your driving privileges, while a revocation is a permanent loss of your license. In New York, license revocation is typically reserved for more serious offenses, such as repeat DWI convictions or vehicular manslaughter. A license suspension, on the other hand, can be imposed for a variety of reasons and can range in duration from a few days to several years.

One of the most common reasons for license suspension in New York is DWI. If you are convicted of DWI, your license will be suspended for a minimum of six months. However, the duration of the suspension can be longer depending on the severity of the offense and whether you have any prior DWI convictions. For example, a second DWI conviction within 10 years can result in a license suspension of up to one year, while a third DWI conviction within 10 years can result in a license revocation.

If you refuse a chemical test during a DWI stop, your license will also be suspended for at least one year. Refusing a chemical test can also result in additional penalties, such as fines and mandatory installation of an ignition interlock device.

In addition to DWI, there are many other reasons why your license may be suspended in New York. These include:

• Accumulating too many points on your license: In New York, drivers can have their license suspended if they accumulate 11 or more points on their license within an 18-month period.
• Failing to pay child support: In New York, failing to pay child support can result in a suspension of a driver's license. The suspension can be lifted once the person has paid the arrears or made satisfactory payment arrangements with the Child Support Enforcement Unit.
• Failing to pay traffic fines or fees: n New York, failure to pay traffic fines or fees can result in the suspension of a driver's license. The suspension can be lifted once the fines and fees have been paid, but there may also be additional fees and penalties associated with the suspension.
• Medical conditions: If you have a medical condition that affects your ability to drive safely, your license can be suspended until you provide proof that the condition has been resolved.

People v. Rana, 2007 NY Slip Op 52561(U) (N.Y. Just. Ct. 10/23/2007) addresses the issue license suspension for drivers charged with DWI. On June 30, 2007, the defendant, Jasbir Rana, was charged with DWI after being stopped by a police officer. Rana submitted to a breathalyzer test, which showed a blood alcohol content (BAC) of 0.13%. As a result of the DWI charge, Rana's license was suspended pending prosecution.

Rana challenged the suspension of his license, arguing that it violated his due process rights. The New York Justice Court rejected Rana's argument and upheld the license suspension, finding that the suspension was authorized under New York's Vehicle and Traffic Law.

The court first addressed the legal framework governing license suspension in New York. Under New York law, a driver's license may be suspended pending prosecution for a DWI charge if there is a strong likelihood that the driver's BAC was above the legal limit or if the driver refused to submit to a chemical test.

The court then analyzed the facts of Rana's case, noting that he had submitted to a breathalyzer test that showed a BAC of 0.13%. The court concluded that there was a strong likelihood that Rana's BAC was above the legal limit and that the license suspension was therefore authorized under New York law.

The court also rejected Rana's argument that the license suspension violated his due process rights. The court noted that a license suspension pending prosecution is an administrative sanction that is separate from any criminal charges and does not deprive the defendant of any constitutional rights. The court also noted that the defendant has the opportunity to challenge the license suspension at a hearing.

Overall, the holding in People v. Rana reaffirms the validity of license suspension as an administrative sanction for drivers charged with DWI in New York. It is crucial for drivers to understand their rights and the potential consequences of a DWI charge, including the suspension of their license, in order to make informed decisions and protect their driving privileges. Seeking the guidance of an experienced attorney can be essential in navigating the complex legal issues surrounding DWI charges and license suspension in New York.

License suspension is a serious matter in New York and can have significant impacts on an individual's daily life. Whether it is due to a DWI conviction or other reasons such as accumulation of points, failure to pay child support, or medical conditions, it is important to seek the guidance of an experienced license suspension attorney serving New York who can assess your case and provide you with the guidance you need to protect your rights and driving privileges. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your license suspension case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.