Is there a difference between having your driver’s license suspended or revoked? I don’t understand this.
Yes there is a difference. Your license may be suspended by a Court, the Department of
Social Services (child support enforcement) or the Department of Motor Vehicles for a variety of reasons. Suspensions are for a defined period, or until the reason for the suspension has been cleared up. An example: if your license is suspended for failure to pay child support, it will remain suspended until the support is paid, or arrangements are made with the NYS Support Collection Unit to have the support paid. If you are suspended for failure to appear in Court, or if after appearing, fail to pay the fine imposed by the Court, your suspension is not lifted until the Court matter has been completed.
Every time your license is suspended, there is also a ‘lift fee’ that has to be paid to remove the suspension from your license. This is either paid to the Court or to DMV. If you have three suspensions (didn’t appear for three tickets, speeding, failure to change your address with DMV, and a light out on the car) you must pay 3 different lift fees before you can get your license back.
Additionally there are times when your license is suspended for a defined period of time. If you have been convicted of Driving While Ability Impaired by Alcohol, your license is suspended for 90 days. Once the 90 days is over, the suspension can be lifted by DMV, however they will only lift the suspension if you go to DMV and pay the mandatory lift fee.
When your license is revoked it’s a different matter. It’s not automatic that you get your license back at the end of any revocation period. If you are revoked for one year for having three speeding tickets within 18 months, before you can get your license back you have to apply to the DMV Driver Improvement Unit. They will review your request to be re-instated, which may include a hearing to determine if you should get your license back. You will not be able to get your license back until all fines, civil penalties, driver assessments fees and suspension termination fees have been paid. Additionally, the DIU can also require that you reapply for your license, and may require you to take the written and driving test again before they will issue you a new license. Again, all of these steps have fees associated with them.
Either way, getting your license back is not automatic, and you must communicate with the DMV to insure that the suspension/revocation has been fully lifted prior to you operating a motor vehicle again in New York State. If you do not check, and ‘assume’ that you can drive, you may end up with a Misdemeanor or Felony charge of Aggravated Unlicensed Driving, which carry higher penalties, and a potential jail sentence.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St., Palmyra, NY 14522, or cklaw@verizon.net