What to Do if You Have a Traffic Violation

with a Suspended License

Receiving a traffic violation is already stressful, but when you have a suspended license, the situation becomes far more complicated. A suspended license means your driving privileges have been temporarily revoked, and getting caught driving under these circumstances can result in severe consequences, including heavy fines, increased suspension periods, and even jail time. If you find yourself in this situation, it's crucial to understand your legal options and take immediate action to protect your driving record and minimize penalties. This blog will guide you through what to do if you receive a traffic violation while your license is suspended.

Understanding the Consequences of Driving with a Suspended License

Driving with a suspended license is considered a serious offense in most states, including New York. The penalties can vary depending on the reason for the suspension, your driving history, and the nature of the violation. Some potential consequences include:

• Increased Fines: You may face significant fines on top of those for the original traffic violation. These fines can range from several hundred to several thousand dollars.
• Extended Suspension Period: Your suspension period may be extended, making it even longer before you can legally drive again.
• Possible Jail Time: For repeat offenders or those caught driving with a suspended license due to serious offenses like DUI, jail time may be a possibility.
• Criminal Record: In some cases, driving with a suspended license can lead to a criminal record, which can impact your ability to get a job, secure housing, or apply for loans.

Steps to Take If You Get a Traffic Violation with a Suspended License

• Stay Calm and Cooperate with Law Enforcement: If you are pulled over and know that your license is suspended, remain calm and polite. Arguing or resisting can escalate the situation and lead to additional charges. Provide the officer with your identification, registration, and proof of insurance if requested.
• Do Not Admit Guilt: While it’s important to cooperate, you should avoid making statements that admit guilt, such as acknowledging that you knew your license was suspended. Anything you say can be used against you later in court.
• Contact a Traffic Attorney Immediately: After the incident, your first step should be to contact an experienced traffic attorney. A lawyer can help you understand your rights, evaluate your case, and develop a strategy to minimize the consequences. They may also be able to negotiate a plea deal or alternative sentencing options that reduce your penalties.
• Understand the Reason for Your Suspension: It's crucial to understand why your license was suspended in the first place. Common reasons include unpaid tickets, failure to appear in court, DUI/DWI convictions, and accumulating too many points on your driving record. Resolving the underlying issue can sometimes lead to reinstatement or a reduction in penalties.
• Resolve Any Outstanding Fines or Tickets: If your license was suspended due to unpaid fines or tickets, you should prioritize paying these as soon as possible. Proof of payment can be beneficial when negotiating with the court or the DMV.
• Attend All Court Dates: Missing a court date can worsen your situation. Be sure to attend all scheduled court appearances and consult with your attorney beforehand to understand what to expect and how to present your case.
• Explore Reinstatement Options: Depending on the reason for your suspension, you may be eligible for license reinstatement. This process often involves paying a reinstatement fee, completing a defensive driving course, or providing proof of insurance. Your attorney can help you navigate this process and advise you on the best course of action.
• Consider a Conditional or Restricted License: In some cases, you may be eligible for a conditional or restricted license, which allows you to drive to specific places, such as work or school, even while your license is suspended. Applying for this can demonstrate to the court that you are taking steps to comply with legal requirements while addressing your transportation needs.

Potential Defenses for Driving with a Suspended License

If you were unaware that your license was suspended or if there was a clerical error, you might have a valid defense. For example:

• Lack of Notification: If you did not receive proper notification that your license was suspended, your attorney could argue that you were unaware and therefore not willfully violating the suspension.
• Emergencies: If you were driving under emergency circumstances, such as transporting someone to the hospital, this could serve as a mitigating factor in your case.
• Administrative Errors: Mistakes by the DMV or court system, such as failing to update your records or incorrectly processing payments, could be grounds for dismissal of the charges.

Driving with a suspended license and receiving a traffic violation can lead to severe consequences, but you have options. The most important step you can take is to consult with an experienced traffic attorney who can help you navigate the legal system and work toward the best possible outcome for your case. Remember, taking action now can prevent more serious issues down the road.

If you’ve been cited for a traffic violation while your license is suspended, don’t face it alone. Contact us today for a free consultation to discuss your case and learn how we can help you protect your rights and get back on the road legally.