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QuestionInsurance Question  My son, 17, received his New York driver's license in April and got 2 speeding tickets. He was told he could lose his license, but never received notification that it was. He was pulled over again and was told he was driving with a suspended license. How can his license be suspended without prior notification? How long will he lose his license for? What recourse do I have that there was no notification?

AnswerAuto Insurance Answer

According to the New York Department of Motor Vehicles there is a probationary period of 6 months that applies to new drivers of all ages and begins on the day that they pass their road test.

The NYS DMV notes that if you commit a specific traffic violation during your probationary period and you are convicted of the violation, the DMV suspends your driver license for 60 days. The DMV suspends your driver license for one violation of speeding, reckless driving, or following too closely. The DMV suspends your driver license for any two other traffic violations if both violations occur during your probationary period.

When a suspension for a probation violation ends, another probationary period of six months begins. A violation that occurs during the second probationary period has the same result as a violation that occurred during the first probationary period. For example, if you commit a speeding violation during the second probationary period, the DMV suspends your driver license for 60 days.

So if your son received the speeding tickets during his probationary period then that would be why his driver's license was suspended. To find out why the courts or DMV did not notify him of his suspension you can try to contact them. If there was something wrong with the notification system you may see if this can help his driving with a suspended license ticket, if he was cited for this offense.

In New York, if you are driving with a suspended license, a police officer can ticket you for the crime of Aggravated Unlicensed Operation (AUO) in the Third Degree, a Misdemeanor in the State of New York. A third degree AUO is punishable by a mandatory fine of $200 to $500, a surcharge and possible imprisonment up to 30 days or probation.

You and your son may want to check with a lawyer to see if there is any recourse since he was not notified of his suspension. Again the court and DMV should be able to advise you as to how long his license will be suspended and what other penalties he may be facing.

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