Long Island's Premier Criminal & DWI Defense Law Firm
NY Vehicle and Traffic Law § 318(7): Insurance Lapse Suspensions and Revocations
Vehicle and Traffic Law § 318 is the law that lets the DMV suspend or revoke your registration and license when your car insurance lapses or when an uninsured car is driven. Subdivision 7 makes it a misdemeanor to fail to return your plates, registration or license to the DMV after a revocation. A VTL 318(7) charge is a criminal charge, not a traffic ticket, and it is one of the most common charges in Nassau County. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles these cases, and the DMV problem behind them, every week.
Free Consultation
In person, by video call or phone call
On over 230 reviews
Former Prosecutor
Brings years of experience from both sides to every case.
Arrested or have a court date on Long Island?
Call or text (516) 939-1529 for a free consultation, in person at our Hempstead office, by video call or by phone call. We answer 24/7.
NY Vehicle and Traffic Law § 318 at a glance
| Insurance lapse suspensions and the VTL 318(7) charge | |
|---|---|
| Statute | NY Vehicle and Traffic Law § 318 |
| The criminal charge | VTL 318(7): failure to deliver plates, registration or license after revocation |
| Charge level | Misdemeanor |
| Driving uninsured | Revocation of registration and license for one year (owner, or a driver who knew) |
| Often charged with | VTL 512 (suspended registration), VTL 319 (no insurance), VTL 511 (suspended license) |
What NY Vehicle and Traffic Law § 318 says
7. Failure of such owner or licensee to deliver a certificate of registration, number plates or driver’s license to the commissioner after revocation thereof or as otherwise provided in section three hundred twelve shall constitute a misdemeanor.
2. (a) The commissioner upon receipt of evidence that the owner of a motor vehicle registered in this state, or an unregistered motor vehicle, has operated, or permitted such motor vehicle to be operated upon the public highways of this or any other state while proof of financial security was not in effect with respect to such vehicle, shall revoke the registration, if any, of the vehicle and the driver’s license, if any, of such owner.
(b) Such motor vehicle shall not be registered in the name of such person, or in any other name where the commissioner has reasonable grounds to believe that such registration will have the effect of defeating the purpose of this article, and no other motor vehicle shall be registered in the name of such person, nor any driver’s license issued to such person, for a period of one year from the date of such revocation.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Subdivision 1 requires the DMV to suspend your registration (and, if you do not fix it, your license) when proof of insurance is no longer in effect. Subdivision 1-a sets how long that suspension lasts and allows a daily civil penalty to end it. Read the full section at the link above.
What the prosecutor has to prove
- Your registration or license was revoked (for example after the DMV learned the car was driven uninsured).
- You failed to deliver the registration certificate, plates or license to the DMV as required.
- In practice, the charge is usually filed when police stop a car and find the registration revoked or suspended for an insurance lapse.
Penalties for VTL 318(7)
| Outcome | What it means |
|---|---|
| Criminal charge | VTL 318(7) is a misdemeanor, which means a criminal record if you are convicted of it. |
| Registration | An insurance lapse suspends the registration. Driving uninsured leads to a one-year revocation of the registration. |
| License | The owner’s license can be suspended for an insurance lapse and revoked for one year when the car was driven uninsured. |
| Civil penalty | The DMV allows a daily civil penalty (generally $8 to $12 per day of the lapse) to end some insurance-lapse suspensions. |
| Reduced outcome | When the insurance and DMV problem is fixed before court, these charges are frequently reduced to a non-criminal traffic infraction or resolved with a fine. |
The most important step is usually fixing the DMV problem before your court date: getting insurance, clearing the lapse, surrendering plates if needed, and paying any civil penalty. Bring proof to court.
Got a VTL 318 or suspended registration ticket?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How VTL 318(7) charges show up on Long Island
VTL 318(7) is one of the most common charges in Long Island arraignment records. In about two years of Nassau County and Suffolk County records, about 910 people were charged with it, roughly 8 in 10 of them in Nassau County.
It almost always appears together with VTL 512 (operating with a suspended or revoked registration), VTL 319 (no insurance) or VTL 511 (driving with a suspended license). Many people do not know their insurance lapsed until they are stopped.
In Nassau County these cases are handled at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. In Suffolk County they are handled at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722.
An example
A driver’s insurance company cancels the policy for a missed payment. The cancellation notice goes to an old address, and the DMV suspends the registration. Months later, police stop the car on Hempstead Turnpike. The driver is charged with VTL 512 and VTL 318(7), and the car may be towed. Before the first court date, the driver gets insurance, clears the lapse with the DMV and brings the paperwork to court, which puts them in a much better position to negotiate.
Defenses to a VTL 318 charge
- Fix the DMV problem first. Proof of current insurance and a cleared suspension changes how the court and prosecutor see the case.
- No knowledge. Notices sent to an old address, or a lapse caused by someone else’s error, can matter. The statute bars revocation in some cases where a person was unaware and the lapse was caused solely by another’s negligence.
- Short lapse. The DMV need not suspend for a lapse of seven days or less.
- Proper charge. The paperwork must show an actual revocation and failure to surrender, not just an expired registration.
Related offenses
- VTL 512 and VTL 355: suspended registration
- VTL 306 and VTL 319: inspection and insurance violations
- VTL 511: aggravated unlicensed operation
- VTL 340(a)
- Driving with a suspended license
NY Vehicle and Traffic Law § 318: frequently asked questions
What is a VTL 318(7) charge in New York?
VTL 318(7) makes it a misdemeanor to fail to deliver your registration certificate, plates or driver’s license to the DMV after it has been revoked, usually because of an insurance lapse or driving uninsured. It is a criminal charge, not a traffic ticket.
Is VTL 318 a misdemeanor?
Subdivision 7 of VTL 318 is a misdemeanor. Other parts of the section are DMV rules for suspending or revoking registrations and licenses when insurance lapses.
How do I fix an insurance lapse suspension?
Generally you need to get insurance, and either surrender the plates or pay the DMV’s daily civil penalty for the lapse period, then clear the suspension with the DMV. Bring proof to court.
Can a VTL 318 charge be reduced?
Often, yes. When the insurance and DMV problem is resolved before court, these charges are frequently reduced to a traffic infraction or resolved with a fine, depending on your record.
How much does a lawyer cost for this charge?
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
Free consultation in person, by video call or by phone call. We answer 24/7.
This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
Appointments Only
See What Our Clients Are Saying
During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
Call Now to schedule a Free Consultation with Richard Hochhauser
Call or text anytime.