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Study Notes

Unit 2: How to Keep Your License

Suspension vs. Revocation

"Suspension" means your license or driving privilege is taken away for a period of time before it is returned (you may owe a suspension termination fee). "Revocation" means your license or privilege is cancelled — to drive again, you must re-apply to DMV once the revocation period is over, and you may owe a re-application fee. "Driving privilege" refers to an out-of-state driver's courtesy permission to drive in New York, or a license-less person's permission to obtain a NY license; it can be suspended or revoked just like a license.

Sanctions for Junior Permit & License Holders

Junior permit/license holders face stricter, faster sanctions than older drivers. Your junior permit, license, or privileges will be SUSPENDED for 60 days if you are convicted of a serious traffic violation (3+ points) or two other violations. They will be REVOKED for 60 days if you are convicted of a serious violation (3+ points) or two other violations within the first six months after getting your permit/license/privileges back following a suspension or revocation.

A texting or cell phone conviction suspends a junior driver's permit/license/privileges for 120 days.

Probation Period for Drivers 18+

If you are 18 or older when you pass your road test (or get your license back after revocation), you are on probation for six months. If, during probation, you are convicted of DWAI (alcohol), speeding, reckless driving, following too closely, participating in a speed contest, or any two traffic violations, your license is suspended for 60 days, followed by a new six-month probationary period. A second such violation during that second probation period results in revocation for at least six months, followed by another six months of probation once restored.

Traffic Tickets & Out-of-State Convictions

If you receive a ticket, you must respond — failing to respond can lead to indefinite suspension or a default conviction. New York does not add out-of-state moving violation convictions to your point total, except for violations committed in Ontario or Quebec, Canada. However, your NY license WILL be suspended if you fail to answer a ticket in any state except Alaska, California, Michigan, Montana, Oregon, Virginia, or Wisconsin.

If you are under 21 and convicted of any alcohol/drug-related violation that occurred out of state, your NY license is revoked for at least one year.

The DMV Point System

The point system identifies "persistent violators" — drivers who commit a series of violations in a short time. If you accumulate 11 or more points within 24 months, your license will be suspended. Points are charged from the date you commit the violation, not the date of conviction. A DMV-approved Motor Vehicle Crash Prevention Course can reduce your point total by up to 4 points and save up to 10% on insurance — but it cannot prevent a mandatory suspension/revocation or reduce a Driver Responsibility Assessment.

  • Speeding 1–10 mph over limit: 3 points | 11–20 mph: 4 points | 21–30 mph: 6 points | 31–40 mph: 8 points | Over 40 mph: 11 points
  • DWI / DWAI / Aggravated DWI / DWAI-Drugs / chemical test refusal: 11 points
  • Reckless driving: 5 points | Failed to stop for school bus: 8 points | Speed in a construction zone: 8 points
  • Failed to yield right-of-way: 3 points | Red light / disobeying STOP or YIELD sign: 3 points | Improper passing or unsafe lane change: 3 points
  • Most other moving violations: 2 points | Failure to signal: 2 points | Improper turn: 2 points
  • Unlicensed, uninspected, faulty equipment, tinted window: 0 points (but still finable)

Fees, Civil Penalties & Driver Responsibility Assessments

If your license was suspended for an exact period, you generally owe a non-refundable $50 suspension termination fee before it is returned. A revoked license generally requires a non-refundable $100 fee to re-apply. Separately, a "Driver Responsibility Assessment" may apply: convictions for Agg-DWI, DWI, DWAI, DWAI-drugs, or chemical test refusal require $250/year for 3 years. Six or more points in an 18-month period requires $100/year for 3 years, plus $25/year per point for 3 years for each point beyond six.

Driving While Suspended or Revoked

It is a criminal offense to drive while your license is suspended or revoked, carrying mandatory fines from $200 to $5,000, possible mandatory imprisonment or probation, and possible vehicle seizure/forfeiture. Penalties are more severe if you are also impaired or intoxicated at the time.