When you’re about to lose your driver’s license, whether it’s temporary or permanent, it’s terrifying. How are you supposed to get to work, school or elsewhere? Facing the prospect of losing your license is a huge deal – and you need to make sure that you do everything in your power to keep it.
Why Does the Traffic Violations Bureau Take Away Driver’s Licenses?
The Traffic Violations Bureau handles traffic tickets within New York City (they don’t have anything to do with parking tickets, though). This special department takes the weight off courts so they can deal with criminal cases, including traffic crimes such as DUIs and driving on suspended or revoked licenses.
Because the TVB handles these cases, they’re allowed to determine whether you deserve to have a driver’s license. They can choose to suspend it for a certain period of time or to revoke it entirely.
One of the most common reasons the Traffic Violations Bureau takes away driver’s licenses is the failure to respond to a traffic ticket. If you don’t respond, either by paying the fine or by asking for a hearing, within the allotted amount of time, the TVB will suspend your license.
Other reasons include:
- Speeding and misdemeanors. If you have three speeding violations or misdemeanor traffic violations within 18 months, your license will be suspended for at least 6 months.
- New driver probation. You’re on “license probation” for the first 6 months after passing a road test, but if you get two moving violations during that period, your license will be suspended for 60 days. Further, you’ll lose your license for 2 months if you speed, tailgate, commit reckless driving or participate in unauthorized racing. You’ll lose your license for 4 months if you get a texting or cell phone violation.
- If you accumulate 11 or more points within an 18-month period, your license can be suspended or revoked.
That puts you in a difficult situation. You can’t drive on a suspended license because that’s a crime – and if you’re caught, the courts will suspend it longer or even revoke it permanently. Driving on a suspended license can result in fines of up to $5,000, time in jail, probation or even the confiscation of your vehicle (which you have to pay for).
The best thing you can do if you’re facing a suspension or revocation hearing is to get in touch with an attorney who handles these types of cases.
Why You Need a Lawyer to Deal with a Suspension or Revocation Hearing
If you’re facing a suspension or revocation, look at the big picture. What will happen if you’re no longer allowed to drive?
Hiring a lawyer is the smart choice, because at this point, what you really need is someone who’s willing to fight for your rights.
Have you ever been to a suspension or revocation hearing? It’s not easy for anyone to go through alone. You’ll be asked questions and a DMV Administrative Law Judge will decide whether you’re guilty. If he or she does find you guilty, you’ll be fined and your suspension or revocation will take immediate effect.
An Administrative Law Judge can also revoke or suspend your auto registration, which causes a whole new set of problems.
What Happens at a Hearing?
As with all offenses in the U.S., you’re considered innocent until proven guilty in court. The Administrative Law Judge can’t find you guilty unless there is “clear and convincing evidence” that you are guilty, and the burden of proof is on the state at this point. You don’t have to prove your innocence; they have to prove your guilt.
The Administrative Law Judge will hear testimony from the police officer who issued your ticket, and your lawyer will have the opportunity to ask the officer as many questions as necessary. You can bring witnesses to testify on your behalf, and you can bring in written evidence.
You don’t have to testify yourself, but you can if you want to. It’s best to defer to your lawyer – he’ll tell you whether it’s a good idea.
After hearing all the evidence, the judge will decide your fate. If he or she finds you guilty, the judge will set a fine and choose whether to suspend or revoke your driver’s license and your vehicle registration.
Get in Touch with a Suspension/Revocation Lawyer Before Your Hearing
The best thing you can do is get in touch with a suspension/revocation hearing lawyer in NYC if you’re facing the loss of your license.
Call me at 917-856-1247 or email me right now. You don’t have time on your side. The sooner I can dive into the specifics of your case, the better defense I’ll be able to prepare so that you can keep your license.