__________________________________________Ask the DA

 

Do you prosecute drivers who possess suspended out-of-state licenses under the Vehicle and Traffic Law?

Aggravated Unlicensed Operation of a Motor Vehicle in New York, also known as driving with a suspended (or revoked) license, is a serious crime defined in the Vehicle and Traffic Law (VTL) of New York State. Driving with a suspended license can be either a misdemeanor or a felony depending on the circumstances of the individual case. Usually, the motorist’s license is suspended for failure to respond to one or more summonses, but a person’s New York State License can also be suspended or revoked for VTL offenses such as Operating a motor vehicle while under the influence of Alcohol or Drugs.  Likewise, an insurance lapse, three speeding convictions in an eighteen month period or accruing more than 11 points on a person’s license can result in a suspension of your license.  

According to the New York State Department of Motor Vehicles and the New York City Police Department, in order to be prosecuted for driving with a suspended license or a suspended privilege to drive in New York State, the suspension must have been issued by the NYS Commissioner of DMV and not from another jurisdiction. However, an out-of-state driver whose license has been suspended and is stopped in New York for a traffic offense can be prosecuted for driving without a license. 

According to Mothers Against Drunk Driving (MADD), statistics about offenders who drive with a suspended license include: 
 

• Fifty percent to 75 percent of drunk drivers whose licenses are suspended continue to drive.
• Thirty-two percent of suspended second time offenders and 61 percent of suspended third-time offenders received violations or were involved in crashes during their suspensions
• Generally, unlicensed drivers are 4.9 times more likely to be involved in a fatal crash than properly licensed drivers.
   

Do not drive if your license has been suspended.  Driving with a suspended license is a serious offense punishable by fines and jail time. Do not ignore summonses, DMV notices or insurance issues. Contact the DMV or consult with an attorney who can check the status of your license or driving privileges. If you are charged with driving with a suspended license, be sure to get the matter resolved promptly, so that your driving privileges may be lawfully restored. 

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