Last Updated on: 12th October 2023, 10:02 pm

Long Island Driver License Suspension Lawyer

Getting your driver’s license suspended on Long Island can be a scary and frustrating experience. But with the right lawyer on your side, you can fight the suspension and get back on the road. In this article, we’ll break down everything you need to know about suspended licenses on Long Island – from common causes of suspension to potential defenses and strategies. We’ll also highlight some of the top lawyers on Long Island who can help you navigate this difficult legal situation.

Common Causes of License Suspension on Long Island

There are many reasons why your license might get suspended on Long Island. Here are some of the most common:

• DWI/DUI convictions – Getting convicted of driving while intoxicated or driving under the influence will result in an automatic license suspension. The length depends on whether it’s your first offense or repeat offense.
• Refusing a chemical test – In New York, if you refuse to submit to a chemical test (breath, blood, or urine test) after being lawfully arrested for DWI/DUI, your license will be suspended for at least one year.
• Accumulating too many points – If you rack up 11 or more points on your license within an 18-month period, your license will be suspended. Different traffic violations carry different point penalties.
• Failing to pay child support – The Department of Motor Vehicles is required to suspend the licenses of individuals who are four months or more behind on their child support payments.
• Unpaid parking or traffic tickets – If you fail to pay fines related to parking or traffic tickets, or fail to show up to court, the court can suspend your license.
• No auto insurance – Driving without auto insurance can result in fines, fees, and license suspension in New York.
• Medical review problems – The DMV may suspend your license if you have medical conditions that impact your ability to drive safely. This includes conditions like epilepsy, neurological disorders, and psychiatric disorders.
• Other serious violations – Offenses like reckless driving, leaving the scene of an accident, overtaking a school bus, or speeding in a school zone can also lead to license suspension.

Consequences of Suspended License

Driving with a suspended license on Long Island carries serious penalties if you are caught. Under New York State Vehicle and Traffic Law (VTL) Section 511, it is a misdemeanor criminal offense. The potential consequences include:

• Up to 180 days in jail
• Fines of $200 to $500
• Additional mandatory suspension of your license
• Up to 30 days of community service
• Probation up to 6 months

In addition to the criminal penalties, you can also face civil fines of up to $300 under VTL Section 510. And if you cause an accident while driving with a suspended license, you may not be covered by insurance.

Getting caught driving with a suspended license gets even more serious if:

• Your license was originally suspended for DWI/DUI or refusing a chemical test. Then it becomes a felony with heavier fines and jail time.
• You have multiple prior convictions for unlicensed driving. The penalties escalate with each subsequent offense.

Bottom line – it’s critical to get your license reinstated before getting back behind the wheel. The costs and hassles of driving with a suspended license simply aren’t worth the risk.

Suspension Hearings & Appeals

If your license is suspended, you have the right to challenge it through DMV hearings and court appeals. An experienced Long Island suspended license lawyer can help you navigate the process and build a strong defense.

There are two main types of hearings:

DMV Administrative Hearings

After receiving a notice of suspension from the DMV, you can request an administrative hearing to contest it. This must be done within 15 days of the suspension notice.

At the hearing, the DMV will review evidence related to your suspension. You or your lawyer can present facts and legal arguments on why the suspension should be overturned. For example, you may argue there was no valid legal reason for the traffic stop or chemical test.

If the outcome is still unfavorable, you can file an Article 78 appeal within 4 months to challenge the DMV’s decision in court. Your lawyer can help determine if you have grounds for an appeal.

Refusal Hearings

If your license was suspended for refusing a chemical test after a DWI arrest, you can request a refusal hearing before an administrative law judge (ALJ). This is your chance to show there was no valid basis for the chemical test request or argue other defenses against the refusal suspension.

If you lose at the refusal hearing, you can file a special proceeding in court within 30 days to further appeal the decision. With an attorney’s help, you may be able to get the refusal suspension reversed or shortened.

Possible Defenses Against Suspension

Working with a knowledgeable Long Island suspended license attorney, there are number of defenses you could potentially raise to beat your suspension, including:

• No probable cause for traffic stop – If the police lacked valid reason to pull you over in the first place, any ensuing license suspension could be invalidated.
• No reasonable suspicion for field sobriety tests – Police need sufficient reason to suspect DWI before administering roadside field tests. If not, a related license suspension may be reversed.
• Illegal search and seizure – Evidence from an unlawful vehicle search or arrest may be suppressed, potentially defeating a suspension stemming from the illegal police conduct.
• Miranda violations – Failure to properly read you your Miranda rights could make chemical test evidence inadmissible, potentially leading to reversal of a test refusal suspension.
• Medical conditions – Suspensions based on medical reviews may be successfully challenged by demonstrating that your medical condition is properly controlled and does not impair safe driving.
• Mistaken identity – If your license was wrongly suspended due to a case of mistaken identity, you may be able to get the suspension lifted through hearings and appeals.
• Equipment defects – You may dispute the results of a failed breath test that led to your suspension by showing the breathalyzer machine was defective or improperly calibrated.

Finding the Right Long Island Suspended License Lawyer

If you are facing a suspended license on Long Island, having an experienced lawyer in your corner can make all the difference. Look for a lawyer who:

• Focuses specifically on suspended license defense – you want someone well-versed in the complex laws and procedures surrounding New York license suspensions.
• Has a proven track record – check client reviews and case results to verify the lawyer’s ability to successfully fight suspensions.
• Offers flat fees – this avoids unpredictable hourly rates as your case drags on.
• Will aggressively defend your rights – don’t settle for a lawyer who will just tell you to accept a plea deal.
• Maintains good relationships with prosecutors, judges and DMV officials – this helps resolve cases as favorably as possible.
• Is conveniently located – look for a lawyer with offices on Long Island to avoid schlepping into NYC for court dates.

Here are some of the most highly recommended suspended license lawyers practicing on Long Island:

• Michael W. Alpert – Seasoned Melville attorney with over 20 years experience fighting Long Island license suspensions. Known for flat fee guarantees and tenacious litigation.
• Bryan Cameron – Sayville lawyer praised for compassionate counsel and impressive track record beating suspensions across Suffolk County.
• David Mirsky – Aggressive suspended license defense attorney based in Garden City. Over 20 years experience and flexible payment options.
• Michael Arbeit – Seasoned former prosecutor representing clients across Nassau and Suffolk counties in suspension hearings and appeals.
• The Glass Law Group – Highly rated team of traffic ticket and suspended license attorneys with offices in Melville and Commack.

Don’t wait – if your license is suspended, act quickly to consult with a lawyer. They can advise you on the best defense strategies and get the suspension lifted so you can drive again. With the stakes so high, having an experienced attorney on your side is critical.