Is a Restricted License a Suspended License
My question involves a driver's license issued by the State of: New York/California
I lived in California for 10 years and had a valid drivers license while I lived there. I moved to New York and gave up my California license and obtained a New York License. While I was in Europe for six months on business, my insurance in New York on my car was cancelled because this new insurance company couldn't obtain a copy of my California driving record (they didn't have my CA license number) and they couldn't get a hold of me because I was in Spain. Furthermore, my new insurance company had my wrong address so all the notices they sent me were to the wrong address. Because there was a lapse in my insurance for more than 90 days, the NY DMV suspended my license. I turned in my plates and began the suspension and I applied for a restricted license and was granted one.
I have just moved back to California and I want to obtain a California License. I am just confused as to if my NY license is still suspended. I guess my question is, is a restricted license considered a suspended license? I am just confused how to answer the quesiton on the form.
Re: Is a Restricted License a Suspended License
There are various forms of restricted license. Some forms offer partial relief from a suspension.
Re: Is a Restricted License a Suspended License
You need to see what your status is in the National Driver Register. I assume that because NY issued you a restricted license, you're not "blocked" in the NDR. In most states, the issuance of a restricted or hardship license results in clearance in the NDR. However, this is not always the case.
In Massachusetts, for example, the courts have ruled that the issuance of a "hardship license" is a "new license," such that a person cannot be convicted of operating after suspension even if they are driving outside of their hardship hours, because they were issued a new (albeit restricted) license. (i.e. the hours are just a restriction such as "corrective lenses.") I'm not sure that the same legal principle would apply in New York. From a practical standoint, when someone here in Mass. gets a hardship license, they're clear in the NDR and they can apply for a full license elsewhere.
The safest course of action might be to wait until the 90 day NY suspension expires and apply then.