There are certain fundamental requirements to drive legally in New York State and if they are not adhered to, traffic violations can be assessed. Some are more serious than others, but people who are confronted with the possibility that they will lose their driver’s license and face other penalties should be cognizant of the importance of crafting a defense against the allegations and taking the necessary steps to have the charges dismissed. While dealing with the traffic violations bureau is not something that many people believe to be of sufficient seriousness to have a defense lawyer, it is always wise to have legal help to address issues that can negatively impact a person’s ability to drive.
One issue that affects many people – often without them realizing it before being stopped and cited – is lapsed insurance. Since it is a foundational need to have insurance when driving in New York, failing to do so for any reason can cause many problems. Lapsed insurance means that the person does not have liability coverage for a vehicle that is registered in the state. This can spark a suspension of driving privileges. For people who drive with lapsed insurance, there can be a citation given or the person can be arrested; the officer might impound the vehicle; or the Department of Motor Vehicles can revoke the vehicle registration and the driver’s license.
If there is a motor vehicle accident and the person does not have current insurance, the driver’s license and the vehicle registration will be suspended. There will also be fines and other penalties. The revocations can last for a minimum of one year. There could be a fine for as much as $1,500. This is applicable if the person in whose name the vehicle is registered is driving or if another person is driving the uninsured vehicle. To restore driving privileges, it will be a $750 civil penalty. When a vehicle is suspended for an insurance lapse, it is not possible for another person to register the vehicle.
It might sound obvious for people to make certain they have valid insurance when they are driving, but there are many reasons why they might fail to do so. It could have been due to mistiming or a mistake. Regardless, since there are such severe penalties and potential long-term issues for lapsed insurance, having legal assistance from a law firm that helps clients with traffic violations should be called for advice to deal with lapsed insurance and its consequences.
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…
About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…