Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Suspended License and DMV Hearing Lawyer
A suspended or revoked license can cost you your job, and driving on one is a crime in New York. Most suspensions come from something fixable: an unanswered ticket, an unpaid fine or Driver Responsibility Assessment, an insurance lapse, or too many points. Others come from a DWI arrest or a chemical test refusal, which brings a DMV refusal hearing. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles suspended license charges and DMV hearings for drivers in Nassau County and Suffolk County.
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Suspended vs. revoked: what the difference means
| Suspension | Revocation | |
|---|---|---|
| What happens | Your license or driving privilege is taken away for a period of time. | Your license is canceled. When the revocation period ends, you must apply for a new license. |
| Definite or indefinite | Either. Indefinite suspensions last until you fix the problem, such as answering a ticket or paying a fine. | Usually a set minimum period, such as one year. |
| Common causes | Unanswered tickets, unpaid fines or DRA, insurance lapses, points, child support, unpaid taxes. | DWI convictions, chemical test refusals, driving uninsured, serious or repeated traffic offenses. |
Source: New York State DMV, suspensions and revocations.
Why New York suspends or revokes licenses, and how each one is fixed
| Reason | What the DMV does | How it is usually cleared |
|---|---|---|
| Unanswered ticket or unpaid fine | Indefinite suspension (VTL 510(4-a)) | Answer the ticket or pay the fine in the court that issued it, then pay the DMV suspension termination fee. |
| Unpaid Driver Responsibility Assessment | Indefinite suspension | Pay the assessment. It applies after 6 or more points in 18 months, or after a DWI-related conviction or refusal. |
| Insurance lapse | Registration suspended; after a lapse of more than 90 days, the license is suspended too | Get insurance and clear the lapse. The DMV charges a $50 license suspension termination fee. |
| Driving uninsured in a crash | Revocation of license and registration for at least one year | Wait out the revocation and pay the $750 civil penalty to restore the license. |
| 11 points in 24 months | Possible suspension | A point reduction course (PIRP) subtracts 4 points when calculating a suspension. |
| Chemical test refusal | Suspension at arraignment, then revocation for at least one year if the refusal is upheld | Fight it at the DMV refusal hearing. A $500 civil penalty applies to a first refusal. |
| DWI conviction | Suspension or revocation, depending on the charge and history | A conditional license may be available through the Impaired Driver Program. |
| Three speeding or misdemeanor traffic convictions within 18 months | Mandatory revocation (VTL 510(2)(a)(iv)) | Avoiding the third conviction, by fighting or reducing the ticket, is the key. |
| Child support arrears | Suspension (VTL 510(4-e)) | Contact the child support enforcement agency or OTDA to pay or set up a payment plan. |
| Unpaid New York State taxes | Suspension (VTL 510(4-f)) | Resolve the debt or set up a payment plan with the Department of Taxation and Finance. |
Sources: New York State DMV (suspensions and revocations, point system, Driver Responsibility Assessment, insurance lapses, penalties for alcohol or drug-related violations) and Vehicle and Traffic Law §§ 510 and 1194.
Driving while suspended is a crime
Driving when you know, or have reason to know, that your license is suspended or revoked is aggravated unlicensed operation (VTL 511). At its lowest level it is a misdemeanor, and it can become a felony in some situations. Driving on a suspended registration is a separate charge, VTL 512. Driving without ever having a license, or on an expired one, is VTL 509, a lesser offense.
The best results in these cases usually come from clearing the suspension before your court date. When the DMV problem is fixed, a VTL 511 misdemeanor can often be negotiated down to a traffic infraction, depending on your record.
DMV hearings
Chemical test refusal hearing. If you refused a breath or chemical test after a DWI arrest, the court suspends your license at arraignment, and the DMV holds a refusal hearing within 15 days of the arraignment. The hearing decides four things: whether the officer had reasonable grounds to believe you were driving while impaired, whether the arrest was lawful, whether you were properly warned of the consequences of refusing, and whether you actually refused. If the refusal is upheld, or if you do not appear, your license is revoked for at least one year, regardless of what happens in the criminal case, and a $500 civil penalty applies (more for a repeat refusal). See chemical test refusal.
Attending a hearing. The DMV now offers virtual hearings, so many hearings can be attended online by computer, tablet or phone. Having a lawyer cross-examine the officer at a refusal hearing can also produce testimony that helps the criminal case.
Getting back on the road
- Conditional license. Drivers whose license is suspended or revoked for an alcohol or drug-related violation may qualify for a conditional license by enrolling in the DMV’s Impaired Driver Program. It allows driving to and from work, school, medical appointments and similar purposes.
- Restricted use license. Drivers suspended or revoked for violations that are not alcohol or drug-related may qualify for a restricted use license for similar purposes.
- Clearing an indefinite suspension. Answer the ticket, pay the fine or assessment, or fix the insurance problem, then pay any DMV termination fee.
- After a revocation. When the revocation period ends, you must apply to the DMV for a new license.
Source: New York State DMV, conditional and restricted use licenses.
Need your license back, or charged with driving while suspended?
Call before your court date or DMV hearing. Consultations are free, in person, by video call or by phone call. We answer 24/7.
Suspended license charges on Long Island
License and registration charges are the most common charges we see in Long Island courts. These are the ones we see most, most common first:
Where these cases are heard
| Court or agency | Address | What it handles |
|---|---|---|
| Nassau County District Court | 99 Main Street, Hempstead, NY 11550 | VTL 511 and other license misdemeanors in Nassau County |
| Suffolk County District Court, First District | 400 Carleton Avenue, Central Islip, NY 11722 | VTL 511 and other license misdemeanors in western Suffolk County |
| Nassau County Traffic and Parking Violations Agency | 801 Axinn Avenue, Garden City, NY 11530 | Traffic infractions in Nassau County |
| Suffolk County Traffic and Parking Violations Agency | 100 Veterans Memorial Highway, Hauppauge, NY 11788 | Traffic infractions in the five western towns of Suffolk County |
Traffic tickets issued on Long Island are handled by these local courts and agencies, not by the DMV’s Traffic Violations Bureau, which handles New York City tickets.
Related charge guides
- VTL 511: aggravated unlicensed operation
- VTL 340(a): failure to surrender a suspended license
- VTL 512 and VTL 355: suspended registration
- VTL 318(7): insurance lapse revocations
- VTL 509: unlicensed operation
- VTL 401: unregistered vehicle
- VTL 1180: speeding tickets and points
- DWI license suspension
- Chemical test refusal
- DWI license deadline checker
Suspended license and DMV hearings: frequently asked questions
Is driving with a suspended license a crime in New York?
Yes. Driving when you know or have reason to know your license is suspended or revoked is aggravated unlicensed operation under VTL 511. At its lowest level it is a misdemeanor, and it can be a felony in some situations.
What is the difference between a suspended and a revoked license?
A suspension takes your license away for a period of time or until you fix the problem. A revocation cancels the license; when the revocation period ends, you must apply for a new one.
How do I fix a suspension for an unanswered ticket?
Answer the ticket or pay the fine in the court that issued it, then pay the DMV suspension termination fee. Talk to a lawyer if you also have a pending VTL 511 charge.
How many points cause a suspension in New York?
The DMV may suspend your license if you get 11 points in 24 months. Six or more points in 18 months also triggers the Driver Responsibility Assessment.
What happens at a DMV refusal hearing?
The DMV holds a refusal hearing within 15 days of arraignment to decide whether the officer had reasonable grounds, the arrest was lawful, you were properly warned and you refused. If the refusal is upheld or you do not appear, your license is revoked for at least one year and a $500 civil penalty applies to a first refusal.
Can I get a conditional or restricted license?
Possibly. A conditional license may be available for alcohol or drug-related suspensions through the Impaired Driver Program, and a restricted use license may be available for other suspensions, depending on your record.
How much does a suspended license lawyer cost?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
Talk to a former prosecutor today
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This is general information about New York law and DMV rules, not legal advice about your case. DMV rules and fees change; check with the DMV or a lawyer for your situation.
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