Jump to content

License suspension vs. revocation


Recommended Posts

It occurred to me that with the indefinite nature of a revocation, Lynch may have been able to plead guilty in traffic court, walk out the door, and head directly to the DMV at 77 Broadway and start the process of regaining his license. Basically, it seems to me that while "revocation" sounds bigger than "suspension," it may be preferable (for Lynch) in this particular case.

 

Suspensions come in the 30 day, 90 day, 1 year (etc.) variety, but a revocation, as far as I know basically means "you no longer have a license... start over." The only info I can find online deals w/ revocation as it pertains to DUI-type of situations.

 

After writing the previous 2 paragraphs, I just found one reference to the "revocation period" but I have no idea what that means when there's no alcohol/substance abuse involved.

 

Anyone have any details?

Link to comment
Share on other sites

Generally speaking, if your license is revoked, you can't just walk down to the DMV the next day and get another license. There is typically a statutory period during which the person is ineligible to reapply for a driver's license. What that statute is in NY I haven't a clue, but it shouldn't be that hard to find. Usually the period is relatively short for a first offense or first time revocation, but the penalties go up for subsequent violations. And driving with a revoked or suspended license is at least a misdemeanor in NY, so hopefully he won't be trying to drive while his license is revoked. If you want to find out what the exact statutory period is, you could try looking it up on www.findlaw.com or try looking on the NY Government's official website. Usually all of the criminal laws in a jurisdiction can be found on the official government website, and they are organized in a relatively simple table of contents. I would try there if you are truly interested in knowing what the statutory period of Lynch's revocation is.

Link to comment
Share on other sites

It occurred to me that with the indefinite nature of a revocation, Lynch may have been able to plead guilty in traffic court, walk out the door, and head directly to the DMV at 77 Broadway and start the process of regaining his license. Basically, it seems to me that while "revocation" sounds bigger than "suspension," it may be preferable (for Lynch) in this particular case.

 

Suspensions come in the 30 day, 90 day, 1 year (etc.) variety, but a revocation, as far as I know basically means "you no longer have a license... start over." The only info I can find online deals w/ revocation as it pertains to DUI-type of situations.

 

After writing the previous 2 paragraphs, I just found one reference to the "revocation period" but I have no idea what that means when there's no alcohol/substance abuse involved.

 

Anyone have any details?

 

My reading of the laws on the internets is that the revocation period is assigned specifically to the case in question. My guess that part of a plea deal, the judge sets the revocation period. Don't see how a revocation is better than a suspension, especially for a bad driver who can't see Canadians at night. Who knows, maybe the lasic helped.

Link to comment
Share on other sites

Couldn't he just get a new license in CA?

 

 

I don't know, honestly.... ever move across state line? There's a question on them forms that reads 'Is your license currently suspended or revoked in a different state?' Regardless, he wont' be able to legally drive in NY for a while (and that's where he's going to spend a big chunk of time).

 

My wife had her license revoked when she was about 19 years old, maybe 20. She was hauling ass down the street and got tagged doing some stupid number of miles over the limit. As she was under 21, the laws are different in GA, so they yanked it. She had to wait 6 months, at which point she was able to reapply. They didn't make her take a test or anything, just just had to get pictures taken and whatnot. They printed a new license while we waited.

 

I don't understand the point of it, honestly. Why a temporary revocation? It's nothing but a suspension with the added 'have to drive down to get a new one' pain in the ass. Perhaps there's a legal difference.

 

Actually... they MAY have made her take a test again... I'll ask her. I don't honestly remember. Still, just a bit of a pain in the ass factor thrown on a suspension.

Link to comment
Share on other sites

Even with all that... Can't one get the ability/priviledge to drive to and from work?

 

 

Yes, one can. The judge that yanked my wife's license asked her whether she needed the car to drive to work. She said that she didn't need it, for whatever reason. Probably just nervous. This was before we were married, but I wound up toting her arse to and from work every day.

Link to comment
Share on other sites

Yes, one can. The judge that yanked my wife's license asked her whether she needed the car to drive to work. She said that she didn't need it, for whatever reason. Probably just nervous. This was before we were married, but I wound up toting her arse to and from work every day.

 

Well, you've certainly aced the "good husband" test... :D

Link to comment
Share on other sites

My reading of the laws on the internets is that the revocation period is assigned specifically to the case in question. My guess that part of a plea deal, the judge sets the revocation period. Don't see how a revocation is better than a suspension, especially for a bad driver who can't see Canadians at night. Who knows, maybe the lasic helped.

 

not hard to figure

 

most people in a drunken stupor have trouble focusing-

Link to comment
Share on other sites

Even with all that... Can't one get the ability/priviledge to drive to and from work?

Depends on the offense. This, maybe. But I know people who lost their licenses for 30 days due to DUIs -- including one whose job description required him to drive -- and they were not given that option. He almost got fired because of it.

 

If the judge also pulled the registration on the SUV, though, I'm thinking he probably wouldn't have granted Lynch that dispensation.

Link to comment
Share on other sites

Depends on the offense.

 

It does. A worker of mine back in PGH was denied work privileges...for good reason. For a year, myself and others along the route between his house and work ferried him back and forth to his job.

Edited by stuckincincy
Link to comment
Share on other sites

Depends on the offense. This, maybe. But I know people who lost their licenses for 30 days due to DUIs -- including one whose job description required him to drive -- and they were not given that option. He almost got fired because of it.

 

If the judge also pulled the registration on the SUV, though, I'm thinking he probably wouldn't have granted Lynch that dispensation.

 

NY does issue "conditional licenses" which allows driving only to/from work or school during the revocation period. Maybe he gets one of those.

Link to comment
Share on other sites

Depends on the offense. This, maybe. But I know people who lost their licenses for 30 days due to DUIs -- including one whose job description required him to drive -- and they were not given that option. He almost got fired because of it.

 

If the judge also pulled the registration on the SUV, though, I'm thinking he probably wouldn't have granted Lynch that dispensation.

 

 

I am almost positve that registration and the title are linked in NYS with the VIN being the title number?... If the judged pulled the registration, Lynch won't be even able to sell the SUV... I think?

 

How I know this is, my sister let her insurance lapse and then she got into a fender bender (under a grand damage)... NYS is "forced plate" I am sure? Anyway, the second you let your insurance lapse, you are automatically on a suspeneded license... The guy she got into the fender bender called the state... If it wasn't for me in Illinois, the car would have had to "sit" for about 18 months! We swapped cars, she took mine (and sold it) and I took hers and registered it in Illinois. Her license was suspended except for going to and from work.

 

I got the better of the deal with a newer car! :rolleyes::bag:

Link to comment
Share on other sites

×
×
  • Create New...