Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Licence suspension

Licence suspension

Old Mar 28th 2014, 6:22 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Oct 2009
Posts: 104
moving2nyc is an unknown quantity at this point
Default Licence suspension

Hi there,

My wife has just had her license suspended for speeding in NYC. We expected she would just be fined but they gave her a 60 day ban.

Has anyone ever appealed against a ban?

Never expected a ban so she didn't take a lawyer with her, could a lawyer help appeal?

Thanks for any advise
moving2nyc is offline  
Old Mar 28th 2014, 6:47 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,094
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Licence suspension

She must have been going pretty fast. According to this (which may or may not be correct), in order to get a possible ban, one has to be going 40 MPH over the posted speed limit:

http://www.wikihow.com/Fight-a-New-Y...lations-Bureau

I suppose if she was going less than 40 MPH over the speed limit, and can prove it, there might be a chance to get the suspension revoked...but my guess is that a judge will rule in favor of the police, unless the officer either doesn't show up for the court hearing, or it can be proven that his radar gun was not calibrated correctly.

Rene
Noorah101 is offline  
Old Mar 28th 2014, 7:02 pm
  #3  
Lost in BE Cyberspace
 
sir_eccles's Avatar
 
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
sir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond reputesir_eccles has a reputation beyond repute
Default Re: Licence suspension

http://www.dmv.org/ny-new-york/suspended-license.php

Does she have a probationary license?
sir_eccles is offline  
Old Mar 28th 2014, 7:13 pm
  #4  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Noorah101 View Post
She must have been going pretty fast. According to this (which may or may not be correct), in order to get a possible ban, one has to be going 40 MPH over the posted speed limit:

http://www.wikihow.com/Fight-a-New-Y...lations-Bureau

I suppose if she was going less than 40 MPH over the speed limit, and can prove it, there might be a chance to get the suspension revoked...but my guess is that a judge will rule in favor of the police, unless the officer either doesn't show up for the court hearing, or it can be proven that his radar gun was not calibrated correctly.

Rene
It could be that she had several traffic violation during a 3 year period.

There probably isn't anything that can be done now but in the future, I suspect NY allows a person to attend traffic school (probably about once every 18 months) like most other states to get tickets purged from their record.
Michael is offline  
Old Mar 28th 2014, 7:58 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Oct 2009
Posts: 104
moving2nyc is an unknown quantity at this point
Default Re: Licence suspension

Thanks everyone, she was doing 74mph in a 50mph. She saw a cop in front of her with lights flashing and then one came up behind her. She thought he was trying to get past her to join the one in front. She had to speed up to get past the flow of traffic to the right of her. Everybody was doing the same speed hence she had to get to 70+ to pull over to the middle lane.

The cop behind then pulled in to the middle lane too and shouted over his speaker to pull over which she did.

She had 3 points from a previous speeding ticket for 40mph in a 30mph so hardly a hardened criminal.
moving2nyc is offline  
Old Mar 28th 2014, 8:09 pm
  #6  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by moving2nyc View Post
Thanks everyone, she was doing 74mph in a 50mph. She saw a cop in front of her with lights flashing and then one came up behind her. She thought he was trying to get past her to join the one in front. She had to speed up to get past the flow of traffic to the right of her. Everybody was doing the same speed hence she had to get to 70+ to pull over to the middle lane.

The cop behind then pulled in to the middle lane too and shouted over his speaker to pull over which she did.

She had 3 points from a previous speeding ticket for 40mph in a 30mph so hardly a hardened criminal.
Normally you can't appeal if you didn't contest the charges but it may be possible that they will allow her to use her car for work purposes. It sounds like she had had a judge that was having a bad day. It may also be that since NYC has good public transpiration, they are less tolerant of traffic violations than other places in the US.

Last edited by Michael; Mar 28th 2014 at 8:14 pm.
Michael is offline  
Old Mar 29th 2014, 5:22 pm
  #7  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,728
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Michael View Post
Normally you can't appeal if you didn't contest the charges but it may be possible that they will allow her to use her car for work purposes. It sounds like she had had a judge that was having a bad day. It may also be that since NYC has good public transpiration, they are less tolerant of traffic violations than other places in the US.
But also, a lot of states in this area, if you've had the state license less than x years, usually 3, it's a automatic ban on speeding over 20mph.

Maine, it's a automatic 30 day suspension whatever the ticket for a moving violation for the first 12 months, or it was when we lived there. Went up to 60/90 days depending on how fast over the limit.
Bob is offline  
Old Mar 29th 2014, 5:37 pm
  #8  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Bob View Post
But also, a lot of states in this area, if you've had the state license less than x years, usually 3, it's a automatic ban on speeding over 20mph.

Maine, it's a automatic 30 day suspension whatever the ticket for a moving violation for the first 12 months, or it was when we lived there. Went up to 60/90 days depending on how fast over the limit.
Is it a state license or any license? I thought those laws were aimed at teenage drivers and not people that moved from out of state that previously had a valid driver's license?
Michael is offline  
Old Mar 29th 2014, 5:49 pm
  #9  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,728
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Michael View Post
Is it a state license or any license? I thought those laws were aimed at teenage drivers and not people that moved from out of state that previously had a valid driver's license?
Anyone that had gotten the particular state license.

Though there was talk of changing that to people under 21 a few years ago but don't know if it changed or not, in ME at least.

Outside of ME, when I lasted looked, it was only automatic for excess speeding, over 30 in MA but a lower threshold if not on a interstate.
Bob is offline  
Old Mar 30th 2014, 1:06 am
  #10  
BE Enthusiast
 
Joined: May 2007
Location: Westchester NY
Posts: 337
notonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond reputenotonuksoil has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by moving2nyc View Post
Thanks everyone, she was doing 74mph in a 50mph. She saw a cop in front of her with lights flashing and then one came up behind her. She thought he was trying to get past her to join the one in front. She had to speed up to get past the flow of traffic to the right of her. Everybody was doing the same speed hence she had to get to 70+ to pull over to the middle lane.

The cop behind then pulled in to the middle lane too and shouted over his speaker to pull over which she did.

She had 3 points from a previous speeding ticket for 40mph in a 30mph so hardly a hardened criminal.
Ouch a ban seems harsh. I'm not sure about how to appeal this but in hindsight I'd have got a lawyer to contest the original ticket.

I got pulled over on I-87 a few years ago for allegedly doing 87+mph in a 55mph area. I was advised to let a lawyer handle it as it also could have been an instant ban. He ended up getting me 4 points a small fine and told to me to be careful with my speed! He went to court on my behalf in an area that is known locally for being tough on speeding. It was well worth the cost of his fee as it could have been considerably worse. I had one previous speeding violation prior to this that was actually changed to a moving violation when I went to the town to contest it.

We were told when we first relocated here that if we get any motoring tickets, even parking tickets to contest them (not had one of those yet - touch wood)

Good luck
notonuksoil is offline  
Old Mar 30th 2014, 3:07 am
  #11  
BE Forum Addict
 
kins's Avatar
 
Joined: Aug 2007
Location: Maine
Posts: 2,043
kins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond reputekins has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Bob View Post
But also, a lot of states in this area, if you've had the state license less than x years, usually 3, it's a automatic ban on speeding over 20mph.

Maine, it's a automatic 30 day suspension whatever the ticket for a moving violation for the first 12 months, or it was when we lived there. Went up to 60/90 days depending on how fast over the limit.
I was pulled over for speeding when I'd had my license for a week - no ban or ticket.

Have been pulled over once since then - still no ticket...
kins is offline  
Old Mar 30th 2014, 7:54 am
  #12  
Newlywed
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,933
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by moving2nyc View Post
Thanks everyone, she was doing 74mph in a 50mph. She saw a cop in front of her with lights flashing and then one came up behind her. She thought he was trying to get past her to join the one in front. She had to speed up to get past the flow of traffic to the right of her. Everybody was doing the same speed hence she had to get to 70+ to pull over to the middle lane.

The cop behind then pulled in to the middle lane too and shouted over his speaker to pull over which she did.

She had 3 points from a previous speeding ticket for 40mph in a 30mph so hardly a hardened criminal.
Maybe not a hardened criminal, but 24 mph over the limit (50% over!) is surely dangerous. She's probably lucky to get away with just a ticket and licence suspension.

You say she had to speed up to gets past the flow of traffic to the right of her. Could she not have put her right indicator on and merged?
Dorothy is offline  
Old Mar 30th 2014, 8:02 am
  #13  
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 23,648
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Dorothy View Post
Maybe not a hardened criminal, but 24 mph over the limit (50% over!) is surely dangerous. She's probably lucky to get away with just a ticket and licence suspension.

You say she had to speed up to gets past the flow of traffic to the right of her. Could she not have put her right indicator on and merged?
The thing people need to take from this is 'never speed to get out of the way of a cop'. I remember a good few years ago someone from work travelling home one night late, and she saw a car behind her, she was doing the speed limit, she got a bit worried as it just stayed behind her (this was late at night on unlit town roads), so she speeded up, the car behind also increased spped, so she went faster. This continued for a while, her speeding up and the car following suit, eventually she arrived home and pulled into her driveway. The other car pulled up aoutside and she realised it was a police car. So she siad, ohh I was just going to ring you, I've been followed by a car, and the cop said, yes, it was us, now, have you been drinking, luckily she hadn't, but they did do her for speeding.
mikelincs is offline  
Old Mar 30th 2014, 11:57 am
  #14  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,728
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by kins View Post
I was pulled over for speeding when I'd had my license for a week - no ban or ticket.

Have been pulled over once since then - still no ticket...
In ME, they only introduced it when I moved to the US.

It stung my BIL as he got a ticket and lost his license for 30 days, he was under 21 at the time, but it also stung another cousin who was over 21.

I then got my MA license when we moved down here in '06 and haven't looked at the law since as it didn't apply to me there after.

At the time I looked. If you moved from another state and had the license over 3 years, this rule didn't apply unless you were under 18/21 can't remember which. It applied regardless if you were getting a fresh license.
Bob is offline  
Old Mar 30th 2014, 2:53 pm
  #15  
 
Nutek's Avatar
 
Joined: Apr 2012
Location: CT
Posts: 30,190
Nutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond reputeNutek has a reputation beyond repute
Default Re: Licence suspension

Originally Posted by Dorothy View Post
Maybe not a hardened criminal, but 24 mph over the limit (50% over!) is surely dangerous. She's probably lucky to get away with just a ticket and licence suspension.

You say she had to speed up to gets past the flow of traffic to the right of her. Could she not have put her right indicator on and merged?
Average speed on our local secion of i84 is 70-75mph (posted limit is 50-55mph)

Trying to do anything close to the actual speed limit is absolutely terrifying.
Nutek is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.