How Can You Contest a License Suspension After a Driving Under Suspension Charge?
Losing your driving privileges can be one of the most stressful experiences a person can face. For many New Yorkers, driving isn’t a luxury—it’s a necessity for work, family responsibilities, and daily life.
When your license is suspended, the consequences can ripple through every part of your routine, from commuting to keeping your job. And if you’ve been charged with driving under suspension, the anxiety can feel overwhelming. You may be asking yourself what options you have, how to fight the suspension, and whether you can get your license reinstated.
At the Law Office of Steven R. Smith, we know how discouraging this situation can feel. We’ve worked with clients across Garden City, Queens, Manhattan, Long Island, Hempstead, Westbury, Hicksville, and Mineola who have faced license suspensions after driving-related charges.
Our goal is to help you understand your rights, challenge the suspension when possible, and pursue the best possible outcome for your case. Reach out to us today to talk about how we can help you move forward.
What a License Suspension Means in New York
Before you can contest a license suspension, it’s important to know exactly what it means. In New York, a suspended driver’s license means that your privilege to operate a vehicle has been temporarily withdrawn by the Department of Motor Vehicles (DMV) or the court.
This is different from a revocation, which permanently cancels your license and requires a reapplication process.
There are two primary types of suspensions in New York:
Definite suspensions: These last for a specific period, such as 30, 60, or 90 days. You can usually pay a termination fee and reinstate your license after the suspension period ends.
Indefinite suspensions: These remain in effect until you take certain actions, like paying fines, resolving a ticket, or providing proof of insurance.
When you drive with a suspended license, the offense is considered Aggravated Unlicensed Operation (AUO) under New York Vehicle and Traffic Law §511. Depending on the circumstances, it can be charged as a misdemeanor or even a felony, bringing severe penalties.
Common Reasons for License Suspension
There are many reasons the DMV or a court might suspend your license. Knowing the cause of your suspension is the first step in determining how to contest it. Some of the most common reasons include:
Unpaid traffic tickets or fines: If you fail to pay fines or appear in court for traffic tickets, your license may be suspended.
Failure to pay child support: The DMV may suspend your license if you fall behind on court-ordered payments.
Driving without insurance: If you’re caught operating an uninsured vehicle, your license can be suspended.
Accumulating too many points: In New York, receiving 11 or more points on your driving record within 18 months can result in suspension.
DWI or DUI convictions: Alcohol- or drug-related offenses often lead to automatic suspensions.
Failure to answer or appear for a summons: Ignoring a ticket or court summons can trigger an automatic suspension.
Being charged with driving under suspension often means an unresolved issue led to the suspension before you got behind the wheel. By pinpointing the cause, your attorney can begin crafting a strategy to challenge or lift the suspension.
Consequences of Driving Under Suspension
A charge of Driving Under Suspension or Aggravated Unlicensed Operation (AUO) comes with serious consequences, with penalties varying based on the degree of the offense:
Third-degree AUO: A misdemeanor that can lead to up to 30 days in jail and fines between $200 and $500.
Second-degree AUO: A more serious misdemeanor, often charged when there are prior suspensions or the suspension stems from a DWI. It can result in up to 180 days in jail.
First-degree AUO: A felony charge, typically involving driving under the influence or multiple suspensions. This can carry a prison sentence of up to four years.
Beyond criminal penalties, a conviction can make it harder to reinstate your license, increase your insurance premiums, and affect your employment—especially if you rely on driving for work.
How to Contest a License Suspension
When you’re facing a license suspension after being charged with driving under suspension, you’re not powerless. There are several ways to contest the suspension and protect your driving privileges.
The process typically involves both administrative and legal steps, and having legal representation can make a major difference in the outcome. Here’s what the process usually involves.
Reviewing the Basis for Suspension
The first step in contesting a suspension is to determine exactly why your license was suspended. Sometimes, suspensions occur due to administrative errors or outdated records. Other times, the underlying issue—like an unpaid ticket—can be resolved quickly.
Your lawyer can request your DMV driving abstract to verify all active suspensions and their causes. Once the underlying reasons are identified, we can address them one by one, such as by paying fines, submitting missing documents, or requesting hearings.
If your suspension was issued in error or without proper notice, that can be a strong basis for contesting it.
Requesting a DMV Hearing
In some cases, you have the right to request a Department of Motor Vehicles hearing to challenge the suspension. At this hearing, you or your attorney can present evidence, call witnesses, and argue why the suspension should be lifted or reduced.
Common reasons to request a hearing include:
Belief that the suspension was issued incorrectly
Disputes over whether proper notice was given
Arguments that the penalty was excessive given the circumstances
It’s important to act quickly—hearing requests often have strict filing deadlines. Missing them can make it much harder to contest the suspension later.
A successful hearing can result in reinstatement or reduction of the suspension period. Even if the hearing doesn’t go your way, it provides valuable documentation and testimony that can be useful if your case moves to court.
Addressing Underlying Offenses
Sometimes, the fastest way to contest a suspension is to resolve the underlying issue that caused it. Depending on your situation, this might involve:
Paying outstanding tickets or fines
Submitting proof of insurance or registration
Complying with child support orders
Completing alcohol or defensive driving programs
Once the root cause is corrected, your attorney can request the DMV lift the suspension or convert it into a conditional license, which allows limited driving privileges for work or education.
Addressing the root cause not only helps contest the suspension but also reduces the risk of future penalties.
Pursuing a Hardship or Conditional License
If you’re unable to fully contest the suspension, you may still qualify for limited driving privileges. Hardship licenses and conditional licenses allow you to drive to work, school, medical appointments, and other essential destinations.
These licenses aren’t available in every case, but they can make a huge difference while you work toward full reinstatement. Your lawyer can help you file the necessary applications and demonstrate your need to the DMV or court.
Having limited driving privileges doesn’t erase the suspension, but it can help you maintain employment and stability during the process.
Legal Defenses Against Driving Under Suspension Charges
When you’re charged with driving under suspension, you have the right to defend yourself in court. Several legal strategies can be used to fight the charge, depending on the facts of your case.
Some of the most effective defenses include:
Lack of notice: The law requires that you be properly notified of your suspension. If you never received notice, your lawyer can argue that you didn’t knowingly drive under suspension.
Administrative or clerical error: DMV mistakes happen. If your record was updated incorrectly or your reinstatement wasn’t processed, this can be a strong defense.
Emergency situations: If you were driving due to a genuine emergency—such as transporting someone to a hospital—this may serve as a valid defense.
Improper traffic stop: If the officer didn’t have a lawful reason to stop your vehicle, any resulting evidence could be challenged.
Every case is different, and a strong defense depends on the specific details of your suspension and arrest. Working with an experienced lawyer gives you the best chance to protect your rights and minimize penalties.
Steps to Reinstate Your License After Contesting Suspension
Once you’ve addressed your suspension or successfully challenged it, you’ll likely need to take a few final steps to get your license reinstated. These may vary depending on the reason for suspension, but generally include:
Paying reinstatement fees: The DMV usually requires a termination or reinstatement fee.
Providing documentation: Proof of insurance, payment receipts, or program completion certificates may be required.
Completing required programs: For DWI or point suspensions, you may need to complete an alcohol education or defensive driving course.
Verifying your driving record: It’s important to confirm that the suspension has been officially lifted before driving again.
Reinstating your license is often the final step toward putting the situation behind you. An experienced attorney can help make sure all paperwork is properly filed so you can legally return to the road as soon as possible.
Contact a Skilled Lawyer for License Suspension Help
If you’ve been charged with driving under suspension or recently learned your license has been suspended, you don’t have to face it alone. Contesting a suspension requires careful attention to detail and a solid strategy—both in dealing with the DMV and in court.
At the Law Office of Steven R. Smith, we’ve helped countless drivers across Garden City, Queens, Manhattan, Long Island, Hempstead, Westbury, Hicksville, and Mineola challenge suspensions, resolve underlying issues, and get back behind the wheel legally. Reach out to our firm today to discuss your case.