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Getting Restricted Use License While Yours is Suspended

by Seth Azria on 8/19/2015

Restricted Use Licenses for Suspensions Not Related to Alcohol

The New York DMV may issue a restricted use license to a driver after a revocation or suspension due to violations not related to alcohol or drugs. For example, if your license was suspended for too many points or speeding convictions. For alcohol related suspensions, hardship privileges and conditional licenses would apply.

The DMV will determine if you qualify under the law for the restricted use license and will notify you if you are eligible. To apply for a restricted use license for you must fill out the DMV form MV-44CR.

Where You May drive with a Restricted Use License

With a restricted use license you may drive:

to your employment, business, trade, occupation or profession, or
to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training, or
to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner

To be granted a restricted use license, the DMV must find that denying you the privilege would deprive you of your usual means of livelihood and thereby constitute an unwarranted and substantial financial hardship on you or immediate family or would seriously impair your ability to meet the requirements of your education.

It is important to note that a restricted use license may not be used to drive a vehicle for hire or to drive a commercial vehicle.

You will not qualify for a restricted use license if:

you do not have a valid NYS license or a NYS license that can be renewed, or
your license was suspended for a period of 30 or fewer days, or
a judge suspended your license based on the court’s authority under the law, or
you had another restricted license in the last three years, or
you have a suspension that you can end yourself. For example, if your license is suspended because you failed to respond to a traffic ticket, or you failed to pay a fine, or you failed to file an accident report.

A Lawyer May be Able to Reverse Some Traffic Convictions

If your license was suspended due to convictions from your entering a guilty plea by mail or otherwise while you were not represented by a lawyer, it is sometimes possible to reopen a case and secure a reduction after the fact; this procedure is called a motion coram nobis. Please call us at (315) 364-1155 for a free consultation to discuss the possibility of changing your driving record.

Authorities: NYS DMV Help Article and NY VTL §530

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