A registration suspension commonly occurs as a result of an insurance lapse, unpaid parking tickets or issues with a commercial vehicle’s Highway Use Taxes. If you have had an interruption in your auto insurance coverage due to non-payment, late payment, policy cancellation or if you changed insurance companies, your carrier will notify the New York State Department of Motor Vehicles (“NYSDMV”) that your vehicle is no longer insured. NYSDMV will then suspend your vehicle’s registration (unless the plates were surrendered at the time the insurance was cancelled). If you changed insurance carriers and the new carrier failed to properly file continuous proof of coverage, the registration suspension can be rescinded or retroactively cancelled when the proper proof is submitted to NYSDMV.
If there is a gap in coverage, reinstating your insurance will not cure the registration suspension. To cure the registration suspension so the vehicle is legal to drive, you may have to either pay a civil penalty to NYSDMV of $8/per day of lapse, surrender the vehicle’s license plates for a period of time equal to that of the lapse, or simply have your new insurance carrier electronically provide proof to NYSDMV that the vehicle was continuously insured.
If you operate a motor vehicle with a suspended registration, you will be charged with driving with a suspended registration under New York State Vehicle & Traffic Law section 512 and other related offenses. If convicted of this crime as a first offense, you can be subject to a criminal record for your lifetime, up to 30 days in jail, a fine and mandatory state surcharges. The case will be heard in a criminal court such as the First District Court of Nassau, 99 Main Street in Hempstead, New York, or First District Court of Suffolk, 400 Carleton Avenue, Central Islip, New York. These courts can require you to be represented by an an attorney.
If you have been charged with Vehicle & Traffic Law sections 512 and/or 319.1 for driving with a suspended registration or uninsured operation of a motor vehicle, call me, Jeanne Marie Beckmann 516 485 4888 for a free consultation. My office is on-line with NYSDMV, can obtain an abstract of the registration and determine its status. A condition of any offer to have the criminal charge(s) reduced to a traffic infraction typically requires that the registration be restored and any suspension cleared or rescinded.
Uninsured operation of a motor vehicle is a very serious traffic infraction. The fine can be as much as $1,500., NYSDMV will revoke or cancel your driving privileges for at least one year. The suspension will continue indefinitely until you pay NYSDMV a civil penalty which is currently $750. You must also apply for reinstatement of your driving privileges.
