First, it is important to understand the difference between a New York State drivers license and driving privileges. Second, it is important to understand the difference between the suspension of a license or privilege versus the revocation of a license or privilege.
Suspensions. Some common reasons for suspension of a drivers license or privilege are: Failure to answer a ticket; failure to pay a fine or fee assessed by the DMV; a lapse in your automobile liability insurance for a period of 91 days or more; alcohol and/or drug related driving violations such as DWAI; an excess of a certain amount of points on your license (also known as DMV driver violation point system\persistent violator); failure to pay driver responsibility assessments; Junior or probationary license violations; failure to file an accident report with the DMV when required to do so; and, of course, failure to pay child support, leading to a judgment of child support arrearages.
Drivers license and Driving Privileges. A driving privilege is your legal authority to drive in a state other than the state, which issued your drivers license. By way of example, if California issued you a drivers license, and you are convicted of certain driving and alcohol crimes in the state of New York, New York State can revoke your privilege to drive in the state of New York; however, this will not necessarily impact your California drivers license.
Revocations.Some common reasons for revocation of one's drivers license or privileges are:alcohol and/or drug related driving violations such as DWI; serious or multiple moving traffic violations; operating or allowing the operation of an uninsured vehicle; getting into an accident with an uninsured vehicle; failure of a DMV road test; finding after hearing of a fatal accident.
It is also important to note that if you have multiple suspensions and or multiple revocations, there can be multiple requirements from the New York State DMV.
Online restoration after revocation. There is now an online request available for restoration of one's drivers license or privileges after revocation. Again, this applies to revoked licenses not suspended licenses. if you have fully served the revocation period described in your order of suspension or revocation, you may be able to use the online process to restore your drivers license. In order to do so you'll need to open up an account at my DMV and use the online request transaction: http://www.dmv.ny.gov/mydmv.htm
Restoring your license after revocation. if your drivers license or privilege has been revoked, in DMV terms, you can consider it as having been canceled. In order to achieve restoration, you must apply to the DMV for a new drivers license or privilege.
The Role of DIU. For most revocations, before applying for new drivers license or having your driving privileges restored, you must first receive approval from the DMV driver improvement unit. If you receive approval from the DI you, this does not automatically restore your New York State drivers license. Upon receipt of approval from the DIU, you must then take your approval to a local DMV office and apply for new license. The DIU will examine your full driver's record to determine if you're eligible to be approved for restoration.
Before requesting approval for restoration of your driving privileges or approval to apply for new drivers license after work after revocation, you must meet the following requirements:
- the revocation. Must be completely served out before you submit your request online. If you have served out revocation. And your request to use the online process has been approved, DMV will notify you.
- for those applying by mail, you will have to wait 30 days before the revocation. And to send your request. DM the states that it can take up to 12 weeks to process a request sent by mail, so it makes much more sense to apply online.
- you must pay the free application fee.
- you must resolve and clear any suspensions on your drivers license. This means if you have any outstanding tickets and or moving traffic violations, these will need to be cleared as well.
- finally, you must pay any suspension, termination fees or civil penalties which you owe to the DMV. These will actually show up on your online application, if you're proved to apply online for restoration.
Reapplication fees. the post-revocation reapplication fees are as follows, as of November 2013:
- $25 if you apply to restore your New York State driving privilege as an out-of-state driver and do not intend to apply for a New York State drivers license.
- $50 if you're seeking to apply for a New York State drivers license and your license was revoked before July 6, 2009.
- $100. If you are applying for a York state drivers license and your license was revoked on or after July 6, 2009.
Special notation: if you have been convicted of two or more alcohol ordered drug driving related incidents within the last 10 years, you will need to provide acceptable proof of rehabilitation. You can visit the DMV website for more information on this issue.
We hope this information has been helpful to you. For more information, you may go to the New York State DMV website http://www.dmv.ny.gov/restore
this article was prepared by attorney Anthony LoBiondo, Esquire., And is not intended to constitute legal advice or form an attorney-client privileged relationship.
To set up a free consultation concerning a DWI, criminal, or personal injury matter, contact attorney LoBiondo at (845) 569 – 7600. We welcome your inquiries.
www.LoBiondoLaw.com
