New York Vehicle and Traffic Law (VTL) section 510.4-a allows the DMV to suspend a driver’s license for failure to appear in court. This can lead to fines and cause personal, financial, and legal problems for the driver. If your license has been suspended, or it is about to be, an attorney can help correct the problem and allow you to move on.
That’s where The New York Traffic Ticket Lawyers comes in. Our Central New York law firm is ready to help you take care of outstanding tickets and work for the most effective outcome to your traffic case.
What You Need to Know About VTL 510.4-a
An appearance ticket in New York is, as the name suggests, one that requires the ticketed driver to appear in court. These tickets concern traffic violations except for such matters as parking, stopping, or standing. VTL 510.4-a addresses what happens when the driver fails to appear in court for one of these tickets.
The court will notify the DMV that the driver has failed to appear in court. The DMV, in turn, shall suspend the driver’s license within 30 days of receipt of this notice. However, the DMV must also send at least two notices to the driver about the pending suspension.
What Happens After My License is Suspended?
A driver’s license suspension for failure to appear is known in New York as an indefinite suspension. This means that it will be suspended until the driver does something to rectify it. It is not the same thing as a definite suspension, which typically requires suspension for a set period of time regardless of the driver’s actions.
A suspension is not a revocation, which is when the court takes away the driver’s license altogether. While a revocation will require you to get a new license, an indefinite suspension will simply require you to address the ticket (see below) before you can legally drive again.
In addition to the suspended license, you could be facing other legal and financial problems. These include:
- More fines and more points: Depending on the nature of your underlying ticket, a failure to appear could cause you to incur more fines and points. Fines and points can be considerably expensive and make it difficult to restore your license.
- Warrant for your arrest: The court may also issue a warrant for your arrest if the underlying traffic ticket is serious. If you receive a warrant, you should contact our Central New York law office immediately.
- Higher insurance premiums: Your insurance company will find out about the ticket and the failure to appear. This will cause the insurer to raise your rates because it will view you as a riskier driver.
What If I Drive With a Suspended License?
Some drivers are tempted to not take suspended licenses seriously and to just drive without a valid New York license. However, doing so will only compound your legal and financial troubles. If you are caught driving without a valid license, it is considered Aggravated Unlicensed Operation (AUO), which could result in:
- A fine of $200 to $500 (or higher, for subsequent convictions)
- A mandatory surcharge on top of the fine
- Jail time of up to 30 days (or longer, for subsequent convictions)
- A criminal record
- Higher automobile insurance premiums
You will also still need to address the underlying license suspension before you can legally drive again. Our Central New York traffic ticket attorneys are ready to assist you with this.
Steps To Take After a License Suspension
Driver’s license suspensions can be complicated, because the courts are highly bureaucratic and it’s difficult to know which person can help you address the matter. We recommend that you take the following steps:
- Retain an experienced attorney: Dealing with courts is time-consuming and often confusing, but having a skilled lawyer handle your ticket can save you the frustration. We understand how to address failures to appear as well as the charges in the underlying ticket.
- Review the nature of the underlying ticket: Next, your attorney will take a look at the circumstances pertaining to the original ticket. After evaluating it, your attorney can help you decide whether to contest it in court or plead guilty.
- Schedule your court date: If you wish to appear and contest the ticket, your Central New York traffic ticket attorney will need to contact the court and arrange for a new date. After this, it will be time to gather the evidence necessary to challenge the ticket.
- Pay all applicable fines and fees: You will need to pay any fines and fees associated with the ticket, especially if you plead guilty. However, even if you decide to contest the ticket, you will need to pay a separate fee to lift the suspension.
- Collect evidence: It’s important that you collect evidence related to the charges in the underlying ticket if you are going to court. But you should also document, if possible, the reason that you did not appear in court on your original date.
- Continue working with your attorney: Addressing failure to appear tickets and restoring your license are intricate processes that take time. Continue to work with your attorney and check with the DMV until they are complete.
Contact Our Central New York Failure to Appear Attorney
Traffic tickets are by themselves complicated, and they become even more complex when the driver does not show up in court. Fortunately, you can correct the problem and potentially save substantial money in fines and insurance by retaining a seasoned ticket attorney. Reach out to The New York Traffic Ticket Lawyers today to get started.
Frequently Asked Questions About Failure to Appear
Do I need an attorney to assist with my failure to appear?
It’s important to remember that a failure to appear is a separate matter from the original ticket, so you should have an attorney assist you with both. The right law firm can help you properly dispense with the underlying ticket and rectify the suspended license as well. Your lawyer can also help you save time, money, and future legal and financial problems.
Will I need to pay a fee to lift my suspension?
Yes, for a VTL 510.4-a failure to appear license suspension you will need to pay a suspension termination fee, which is currently $70. If there are other fines or fees associated with your underlying traffic ticket, your attorney can advise you about handling these.
Are there other reasons for a driver’s license suspension?
Failure to appear is just one of several reasons the DMV might suspend your driver’s license. Other reasons include refusing a breathalyzer test, accumulating too many points on one’s driving record, and driving without insurance. Our Central New York traffic ticket attorneys can help you deal with these and other types of license suspensions.