New York Driving Law

New York State has recently approved a number of on-line course providers of Point and Insurance Reduction Programs (PIRP).  These are listed by the NY DMV here. Successful completion requires 320 minutes of actual instruction time.  Once completed, the driver is entitled to a 10% reduction for three years of the motorist’s liability, collision, and no-fault insurance premiums.  Additionally, the completion of the program can be applied once within 18 months and will operate to reduce up to four points from the driver’s DMV abstract.  It should be noted that the reduction will NOT remove violations, convictions or prevent/cancel a mandatory revocation or suspension for DWI, DWAI, or 3 speeding convictions within 18 months.

It should also be noted that the completion of the program will not have any effect on the Driver Assessment Fee that a motorist may have been assessed by the State.  To illustrate, suppose a driver has amassed 8 points on her abstract in an 18 month period.  She will pay $150.00 each year for 3 years to the DMV - in addition to the court fines and mandatory surcharge.  Now, because she is only 3 points away from a future suspension (11 points), she successfully completes the PIRP.  The driver will STILL have to pay the $150.00 each year to the DMV, but will be treated by the DMV as having only 4 points for license suspension purposes (8 less 4 point reduction from PIRP).

The offering of these on-line programs is great news for New York motorists who may need such benefits.

A typical client just called me at the office with a familiar tale.  After being pulled over for a minor speeding ticket, she’s been arrested and charged with a misdemeanor Aggravated Unlicensed Operation of a Motor Vehicle.  Further, she is adament that she did not know her New York driver’s license had been suspended quite some time ago.  Apparently, she has moved several times in the last few years when she was a college student and did not notify the NY Department of Motor Vehicles of her current address.  The law states that the DMV must be notified of any permanent address change within 10 days.  NY DMV FAQ  Her suspension occurred when she failed to pay an old speeding ticket.  The DMV was notified by the Court and sent her a suspension notice at the last known address on file.  She stated she never received it and continued to drive without knowing she was suspended.  There are several legal issues involving how the prosecution can prove that the suspension notice was sent by the DMV.  See, People v. Pacer  This will be the subject of a later post.

Aggravated Unlicensed Operation (AUO) is set forth in Vehicle and Traffic Law section 511 as follows:

AUO 3d: a person is guilty of AUO 3d when the person …”knowing or having reason to know” that person’s license is suspended, revoked or otherwise withdrawn by the DMV.  This is a misdemeanor and punishable by a fine of $250-500 or up to 30 days in jail.

AUO 2d: a person is guilty of AUO 2d when that person commits AUO 3d and i) has a prior AUO 3d in the last 18 months; or ii) suspension is based on refusing to submit to a chemical test per VTL 1194, finding of consuming alcohol per VTL 1192(a) (DWAI), or a conviction of VTL 1192 (DWI); or iii) if suspension was a mandatory suspension pending prosecution for a charge of violating VTL 1192 (DWI); or iv) person has in effect 3 or more suspensions, on 3 different dates for failure to answer, appear, or pay a fine.  This is a misdemeanor punishable by a fine of $500 - 1,000 and 7 to 180 days in jail or probation.

AUO 1st: a person is guilty of AUO 1st when that person commits AUO 2d while under the influence of alcohol or drugs or commits AUO 2d and has 10 or more suspensions on 10 or more different dates.  AUO 1st is a Class E felony.

So, back to my client.  In the majority of cases I’ve handled with similar facts, the Court and prosecutor will want the defendant to resolve the underlying offenses/charges which led to the suspension.  Most Courts will allow sufficient time for the defendant to obtain the funds to pay the fines and surcharges.  In one recent case, a very patient Judge allowed my client over 5 months to do so - he had a very long list of unpaid fines.

Once the defendant is able to show the Court a “clean abstract” or driving history, the typical offer or reduction in these cases is to a VTL 509, Unlicensed Operation, which is not a criminal charge, and resulting in a fine by the Court.

In the above matter, my client will have to be in Court for several hearings before the Judge to resolve the matter.  And yes, she has updated her address with the NY DMV.