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Written By Adam H. RosenblumAdam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.
Last updated July 20, 2021Every vehicle in New York State must be registered with the DMV before it can be legally driven. Failure to renew one’s registration is a non-moving violation, even if the driver is pulled over and caught driving the vehicle. However, if for any reason a vehicle registration is suspended or revoked by the DMV, driving the vehicle becomes a crime with serious penalties.
Criminal record: Driving on a suspended registration is a misdemeanor offense in New York. Those who are convicted under VTL 512 will have a permanent criminal record.
Jail time: A first offense of driving on a suspended registration can result in a sentence of up to 30 days in jail. A second offense within 18 months can lead to up to 90 days in jail or 180 days for a third offense.
Fine: A driver can be fined between $50 and $100 for driving on a suspended registration. A second conviction in 18 months raises the fine to up to $200, or $500 for a third conviction.
Surcharge: In addition to the fine, drivers must pay a mandatory state surcharge of $88 (in a city) or $93 (in a town/village).
There are two main reasons why a person’s vehicle registration would be suspended by the NYS DMV: a lapse in insurance coverage or failure to pay registration fees. The former is the most common reason. In either case, resolving the suspended registration will not be simple and may require the assistance of an attorney.
Keep in mind that, if the lack of auto insurance coverage is the reason for the suspended registration, then the driver may also be guilty of driving without auto insurance . In addition, the DMV may also choose to suspend one’s driver’s license for not having insurance, which can lead to a charge of aggravated unlicensed operation .
There are two main ways to defend against a charge of VTL 512. One is to prove that the suspension was not valid (e.g. the driver never had an insurance lapse). If the facts do not support the notion that the registration suspension was erroneous and invalid, then the person must negotiate with prosecutors to reduce the charge from a misdemeanor offense to a civil/traffic offense. This can be difficult to do without the help of a skilled attorney. An attorney can deal directly with the prosecutors to discuss the facts. He/she will be able to mount a strong defense with the best chance of persuading the prosecutor to reduce the charge. If the driver’s case is strong enough, a prosecutor will negotiate to avoid taking the charges to trial, where he/she risks losing.
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