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NASSAU COUNTY MOVING VIOLATIONS
NY DRIVER LICENSE SUSPENSIONS
Nassau County residents heavily depend on their vehicles. For most people, having a suspended license is akin to being incarcerated. The loss of your license can have a devastating impact on your life, affecting your ability to commute to work, run errands, and transport your children.Several factors can lead to a suspended license including refusal of a breathalyzer test, drunk driving conviction, accumulating too many points within 18 months on the driver’s license with conviction dates within an 18-month period unpaid traffic tickets or warrants for arrest.
Your driver’s license serves several purposes but its primary function is to signal law enforcement that you are authorized to operate a vehicle after meeting all necessary requirements.
If you reside in New York State chances are high that you carry a state driver’s permit which may be revoked due various reasons we will discuss below.
Being pulled over without possessing your driver's permit and proof of insurance could result in fines or even jail time. It might seem tempting for some individuals simply plead guilty if caught driving without their licenses however this approach isn't necessarily advisable
It's crucial not plead guilty when facing charges related with suspended licenses such as Unlicensed Operator or Aggravated Unlicensed Operation offense before consulting an experienced traffic attorney.
The New York Department of Motor Vehicles (DMV) handles secure identity documents and motor vehicle-related services while also enforcing motor vehicle laws by suspending or revoking licenses based violations
License suspensions differ from revocations - the former being temporary while the latter more serious involving repeated offenses like DWAI (driving while ability impaired), refusing chemical tests among others leading up potential revocation.
– Types of Suspensions
If you violate New York traffic laws, a license suspension may be in your future. New York has four different types of suspensions you may be subjected to.
- Indefinite Suspensions: These types of suspensions do not have a pre-determined end date. That means you will need to take action in order to have your license reinstated. You may be subjected to an indefinite suspensions if you fail to respond to a court summons, pay a fine, or file an accident report.
- Definite Suspensions: A definite suspension will have a set end date. If you are given a definite suspension, you will need to wait out the entire period before your license can be restored. (There will be fees associated with this as well!) New York has several pre-determined suspension punishments. For example, if you accumulate 11 points within an 18-month period, you can be subjected to a mandatory 60-day definite suspension. If you are guilty of DWAI by drugs, by comparison, a 6-month definite suspension is mandatory.
- Traffic Accident Suspensions: In New York, you are required to file a Report of Motor Vehicle Accident, also known as Form MV-104, within 10 days of any accident. Failure to do so can result in a license suspension.
- Out-of-State Ticket Suspensions: New York will suspend your license if you fail to respond to out-of-state moving violations in almost all other states. The exceptions are Alaska, California, Michigan, Montana, Oregon, and Wisconsin. If you are visiting New York and are licensed by another state, you can be ticketed for violating state traffic laws. If you fail to respond to those tickets, New York can suspend your driving privileges within the state. (New York’s DMV maintains a database that will notify law enforcement of your suspension should you be pulled over again.)
Indefinite Suspensions:
These suspensions don't come with a set end date. This means you'll have to take steps to get your license back. If you ignore a court summons, neglect to pay a fine, or fail to file an accident report, you could face an indefinite suspension.
Definite Suspensions:
If you receive a definite suspension, it will have a specific end date. During this period, you must wait until the suspension is over before your license can be reinstated. Keep in mind that there will be associated fees as well! In Nassau County, New York, there are predetermined suspension penalties. For instance, if you accumulate 11 points within an 18-month period, you may face a mandatory 60-day definite suspension. Similarly, being guilty of DWAI by drugs results in a mandatory 6-month definite suspension. So drive smart and avoid these situations!
Traffic Accident Suspensions: and
Out-of-State Ticket Suspensions:
In Nassau County, it's smart to make sure you file a Report of Motor Vehicle Accident (Form MV-104) within 10 days of the accident. Not doing so could lead to a license suspension.
did you know that New York can suspend your license if you don't take care of out-of-state moving violations from almost all other states? Yup, it's true! But hold on a sec - there are a few exceptions like Alaska, California, Michigan, Montana, Oregon and Wisconsin.So here's the deal: If you're cruising around New York with an out-of-state license and you break any traffic laws, you could get slapped with a ticket. And if you ignore those tickets – uh oh – New York has the power to suspend your driving privileges within the state.
And guess what? The DMV in New York keeps tabs on this stuff using their database. So even if law enforcement pulls you over again in the future - they'll already know about your suspension. Yikes!
NEW YORK UNLICENSED OPERATOR AND AGGRAVATED UNLICENSED OPERATION OFFENSES
Ongoing, or repeated offenses, have an increased likelihood of a license suspension or revocation. For those who continue to drive while unlicensed, the penalties are much more severe.
VTL 509-1 Unlicensed Operator
Driving without a license is a violation of the NYS Vehicle and Traffic Law. This violation is considered a traffic infraction. It carries a maximum 15-day jail sentence and $300 fine.
VTL 511-1(a) Aggravated Unlicensed Operation – 3rd Degree
Knowingly driving your vehicle without a valid driver’s license or revoked driving privileges is a violation of the NYS Vehicle and Traffic Law and it referred to as Aggravated Unlicensed Operation (AUO) in the 3rd degree. An AUO in the 3rd degree is a misdemeanor offense that carries a maximum 30 day jail sentence and $500 fine. You should note that the penalties are often more severe if you are caught driving a vehicle with a gross weight of over 18,000 pounds.
VTL 511.2a Aggravated Unlicensed Operation – 2nd Degree
As with an AUO in the 3rd degree, an AUO in the 2nd degree is a violation of the NYS Vehicle and Traffic Law. An AUO in the 2nd degree is also a misdemeanor offense; however, it carries more serious consequences. If you have already been convicted of an AUO in the 3rd degree within 18 months or have received another Unlicensed Operator violation, your new charge will automatically be considered an AUO in the 2nd degree. This can result in a maximum of 180 days in jail and a minimum fine of $500. However, if you are convicted of an AUO in the 2nd degree because your license was suspended due to a refusal to submit to a chemical test or are currently being prosecuted for driving while intoxicated (DWI), fines can run between $500 and $1,000. You can also receive 180 days in jail, probation, or both.
VTL 511.3 Aggravated Unlicensed Operation – 1st Degree
An AUO in the 1st degree is a Class E felony violation of the NYS Penal Law. As such, this offense carries a maximum 4-year prison sentence and up to a $5,000 fine.
WHY FIGHT A TRAFFIC OFFENSE?
Aggravated Unlicensed Offenses are some of the most common traffic offenses in New York. They can also be rather complex. While some cases are misdemeanors, an AUO is a criminal offense that comes with serious ramifications.
The Nassau County Traffic and Parking Violations Agency (NCTPVA) and Nassau County District Court manages all traffic citations. You will likely be required to show up for a traffic hearing if you have been charged with a misdemeanor, violated the new driver probationary period, or have traffic violations that add up to more than 11 points.
– Why Is It Important To Fight AUO Offenses?
An AUO conviction goes on your record. We are not just talking about your driving record either. An AUO is a criminal offense, which makes it a part of your criminal record.
Because it is a criminal offense, you can be formally arrested for AUO. This is true despite whatever the underlying reason was for the AUO. Whether your driver’s license was suspended for driving while you were intoxicated or because you simply forgot to pay a traffic fine – you can be handcuffed and taken to jail when you receive an AUO charge. In certain jurisdictions, like New York City, you can expect to spend 24- to 36-hours behind bars while being processed through the system for an AUO.
– What If I Did Not Know My License Was Suspended?
In New York, an AUO can only be issued if you “knew or had reason to know” that your driver’s license was suspended. When it comes to an AUO, the prosecution only needs to prove that you had a reason to know that your license was suspended. How can they do this? In New York, every traffic summons comes with a very clear warning. If you fail to answer the summons, your driver’s license can be suspended. Because this warning appears on every traffic summons, it gives the prosecution an easy way to prove that you should have known a failure to respond would result in a suspension.
– How Do I Return A Violation?
One way to avoid a serious sentence associated with driving without a license is to return the violation. On your ticket, you can check a “guilty” or “not guilty” box to indicate your stance. You have 15 days to mail in your violation and response.
Many Unlicensed Operator violations issued in Nassau County are returnable to the Nassau County Traffic and Parking Violations Agency located at 16 Cooper Street, Hempstead, NY. All other Unlicensed Operator violations are returnable to the City, Town, and Village Courts located throughout Nassau County. Many Aggravated Unlicensed Operation offenses are returnable to The Nassau County 1st District Court located at 99 Main Street, Hempstead, NY. All other Aggravated Unlicensed Operation offenses are returnable to the City, Town, and Village Courts located throughout Nassau County.
If you've been charged with driving without a license in Nassau County, it's crucial to find the right lawyer to help you. The Law Offices of Michael H. Ricca understands the seriousness of this situation and is here to assist you.Mr. Ricca respects the gravity of your arrest and its potential consequences, including jail time, fines, surcharges, and other fees. If your license has been suspended or revoked, it can lead to significant financial hardships as well. We recognize that most people rely on their cars for work – something impossible without a valid license.
With years of experience in handling traffic violations in Nassau County and a strong background defending clients against criminal charges, Mr. Ricca is well-equipped for cases like yours.
Our office takes on cases we truly believe in; we are passionate about helping our clients navigate through challenging legal situations effectively.
It's crucial that if you've been arrested for driving without a license or received a ticket related to this violation that you contact us immediately! Time is critical as there's only a 15-day window for responding with an indicated plea after receiving your ticket or being arrested.
When contacting us:
- Provide all relevant facts
- Gather necessary documents
- Stay calm while relaying your case
We will diligently comb through every detail along with understanding how it is impacted by applicable law while preparing you should testimony be necessary.
Never plead guilty before consulting with Mr.Ricca first!
For those looking for expert legal assistance related to unlicensed arrests or tickets in Nassau County - Contact the Law Offices of Michael H.Riccaa today!