Can An Attorney Assist In Restoring A Suspended License?

Interviewer: If the license is already suspended, could someone hire an attorney to help them get it back?

Michael Kramer: It depends on why it was suspended. It depends upon whether the Department of Motor Vehicles rules permit any discretion with regard to lifting the suspension or revocation returning the license. If there is discretion then certainly I can help them with regard to going to the DMV process and obtaining a hearing at one of these administrative courts to see if we can get the license back.

It Is Possible to Challenge a DMV-Levied Suspension in County and Supreme Court in New York State

If a motorist feels that the Department of Motor Vehicles is being unreasonable in terms of the suspension or revocation that was levied then we can challenge it in court, in county court or Supreme Court in New York. We do this through various applications and actually are successful in obtaining a hearing if you meet certain requirements.

Those particular hearings are rare because the Department of Motor Vehicle’s rules and regulations are either black and white. Either you come within their guidelines for suspension or revocation or you do not. There’s usually very little discretion.

Fines and License Suspensions Are Typically the Penalties for Traffic-Related Offenses

Interviewer: Are alternative punishments ever an option to fines or license suspensions in traffic offenses?

Michael Kramer: I can give you one example of a motorcycle driver who was a client. He was clocked operating his motorcycle at 135 miles per hour on a highway with his girlfriend on the back of the bike. The judge was pretty irate and the judge started talking about jail time for someone who drove so recklessly, especially because the police offer then had to pursue him at that high speed.

By and large, you’re not talking about penalties other than the point assessment which is not up to the judge, that’s up to the Department of Motor Vehicles. The amount of the fine levied is up to the individual judge.

A Safe Driver Course Can Reduce Points on Your License and Lower Insurance Rates

In terms of alternatives, you can take a safe driving course which reduces your point total by 4 and saves you 10% on your insurance rates. That’s usually suggested. If you feel you’re in point danger and you can take that safe driving course online.

You Cannot Take the Driver Safety Course until You Appear in Traffic Court

Interviewer: For a first time ticket offense, would you recommend someone fight the tickets at court or go to defense driving course?

Michael Kramer: You could take the defensive driving course but it is best not to do so before you go to court. The only reason you would go to the defensive driving course is because you went to court. You were assessed a certain amount of points and you want to reduce your points. It’s not an alternative to going to court. You’ve got to go court if you’re issued a ticket.

It Is Advisable to Retain an Attorney to Handle Tickets with a Higher Point Total

In terms of what type of tickets are worth considering hiring an attorney to represent you, certainly the higher point total tickets are the ones that have the most consequences against your license. With those tickets it would be worth it to consider retaining an attorney.

Traffic Cases Are Best Resolved by an Attorney Familiar with the Technicalities of the Traffic Court System

Interviewer: Could you give us an example of a case that you’ve dealt with maybe in recent years that had to do with traffic violations?

Michael Kramer: The most successful cases are resolved by knowing the system, knowing the technicalities of the system and looking for those technicalities and recognizing them when they exist.

For example, one case comes to mind where I represented a truck driver who had a commercial driver’s license and was facing 17 points worth of tickets. They were 4 or 5 tickets totaling 17 points. If he was convicted of all tickets, he certainly would have been facing a revocation of his license and his loss of livelihood.

The objective in the case was certainly to get a disposition that would save his license and save his livelihood. However, I had worked out better than that. There were various technicalities that I was able to recognize which resulted in all the tickets being dismissed. From 17 points it went down to 0 and the driver did not even have to go to court.