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  1. #1
    Join Date
    Jul 2010
    Posts
    5

    Default Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Valid

    My question involves a driver's license issued by the State of NY:

    After 1 1/2 years my son was finally able to go to court regarding a speeding ticket he received on a motorcycle when he was 19. (He is now 21). The judge did not want to hear that he had to go to work nor that he needed to be able to go to school. (He is going to be a senior in college upstate). She was ready to have him put in jail that same day, but he was instead told he was being charged with in section 510 and his license was being suspended for 6 months.

    He immediately went to DMV to see if he could obtain a restricted license, they told him that until the records show his license is suspended they can't do anything.

    It is now one month later he has received no notification of suspension from NY DMV and his license is still coming up as valid. In the meantime, he is not taking a chance so he is not driving. Needless to say without his working it is difficult to pay the fines and now we are worried about how he is going to get back to school in August!

    His record shows no suspension, and yet we don't know what to do. Can anyone offer some advise. Now he and I are fighting because he thinks I am telling him to commit a misdameanor and all I am trying to do is get a straight answer.

    HELP PLEASE!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,012

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    When you choose to break the law, sometimes you have to take your lumps. Nobody here can make the bureaucracies involved move faster, or guarantee how quickly the records will be updated.

  3. #3
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    Dear Mrknowitall,

    As a mother of 5, and grandmother of 3, I fully understand the law and am in no way defending my son's actions. However, even drivers convicted of DUI are even able to get a restricted license! All he is trying to do is (1) work so that he can pay the fines. I am the only income int he household and I am doing all I can to get my children through college! (2) Be able to go to school. This is his senior year and he goes to school upstate. I can not take time off from work without loosing pay.

    I completely understand taking your punishment. I have always punished my children and that is one of the reasons they are all straight "A" students and have never been in trouble in their lives! He was "stupid" there is no question about that. And he knows it.

    The problem here is that if he can not work nor go to school the one being punished is me because then I will have to pay the fines and loose money to take him to school. So exactly how is "HE" being made to pay?

    The conviction "in court" occurred on June 24th, and I just received the abstract of his record as of July 14th. It shows the conviction and it shows that his license is still valid.

    By law the suspension is supposed to be effective the day of the conviction. What happens if the records are not updated for 2 months? Does the suspension start in 2 months. Or is the license not suspended at all? He received nothing from the court other than the receipt for the initial fines he paid.

    We are just looking for answers that the attorney I paid $800.00 for either can't or won't answer for me. Shouldn't the attorney be able to obtain a copy of the order?

  4. #4
    Join Date
    Jul 2010
    Posts
    32

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    Isn't the beauty of NY living the 'freedom' from payment of vehicle insurance coz you don't need vehicle to go anywhere or should I say NOT the only transportation available? How about public transportation? While he was waiting for his restricted license? Taxi? Bus? Car pool? There are many ways, if you know how to work around the problem. If there's a will, there's always a way. I seriously am boggled having no car to drive around in NY is a prob.

  5. #5
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    We do not live in NYC we live in Long Island, where the options are not that great. And he works for a private investigator that does investigations into insurance fraud, so he needs the car. His school is upstate in Ithaca and he lives off Campus to try and save money, since as I said, I am the only income and he is trying to help me with the bills.

    That is not the reason I wrote on this forum. I am trying to find out if there is a way to get information. I thought that is what this forum was for.

    I guess I will have to come up with more money to pay the lawyer to try and find out what is going on.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,007

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    By law the suspension is supposed to be effective the day of the conviction. What happens if the records are not updated for 2 months? Does the suspension start in 2 months
    .

    No, the suspension started on the day the judge told him that his license was suspended.

    Or is the license not suspended at all? He received nothing from the court other than the receipt for the initial fines he paid.
    He received a "license suspended" directly from the mouth of the judge. That means it's suspended. The courts are notoriously backed up and slow about updating records. If he still has not received a formal notice, contact the Clerk of Courts to see where that might be lurking. It may not have bubbled up to the top of the pile yet.

    Shouldn't the attorney be able to obtain a copy of the order?
    If the paperwork has been processed, he should be able to. But he can't make them move any faster than your or I can.
    I'm not a lawyer, but I play a researcher on the internet!
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  7. #7
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    Quote Quoting LawResearcherMissy
    View Post
    .

    No, the suspension started on the day the judge told him that his license was suspended.



    He received a "license suspended" directly from the mouth of the judge. That means it's suspended. The courts are notoriously backed up and slow about updating records. If he still has not received a formal notice, contact the Clerk of Courts to see where that might be lurking. It may not have bubbled up to the top of the pile yet.



    If the paperwork has been processed, he should be able to. But he can't make them move any faster than your or I can.

    I want to thank you for being the first person to give me straight answers. I will proceed as you suggested. Thank you for clarifying the confusion for me.

  8. #8
    Join Date
    Jul 2010
    Posts
    5

    Unhappy Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    I am now officially at a total loss. My son has tried to turn in his license and is continually being told my NYDMV that they can't accept it because his license is still valid!

    I just know that this is going to come back to haunt us.

    What happens after the 6 months is up? Can they come back and cause trouble because he did not turn in his license?

  9. #9
    Join Date
    Jan 2006
    Posts
    27,183

    Default Re: Court Said License Suspended, 30 Days Later Still No Notice and DMV Says It is Va

    the courts and the DMV act independently of each other. Either can suspend a license without the others knowledge or consent.

    If the court said his license is suspended, then it is suspended regardless what the DMV says.

    as missy stated, contact the court clerk and ask if they are intending on sending notification to the DMV or not.

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