Driving on a suspended license?

Question

My boyfriend moved from his 1st apartment a while ago and received a few tickets, for speeding, tints, running a red light, etc. he plead not guilty to most of them, but he never received the court dates in the mail and being so caught up with everything else, he forgot. So we went to DMV to attempt to pay off all of the fines and they told him that his license is suspended until his next court date in October!! He has to drive all the time, to work and just to do anything because his whole life revolves around that car, he constantly uses it, so my question is, if we get pulled over when i'm in the car, they check his license and see it's suspended, what is going to happen? does he get arrested right on the spot even if he acts like he didn't know? would they search us or the car? what will they do with me, his innocent passenger? thanks i'd really like to know

Answer 1

Why can't you drive?

Answer 2

if he got pulled over he would not be allowed to drive the car away. if you have a license they would most likely let you drive the car. if not then they would take you both back to the police station and you would have to call someone for a ride. they would take the car and tow it away and put it into impound. you would not get into any trouble because you are just a passenger..but you would still have to go down to the police station and call for a ride.  

Answer 3

He would get arrested because driving w/a suspended license is a crime.  

Depending on how many suspensions he's received on how many dates he could face an elevated charge (you could get written up for several violatoons on a single date and it's only the lowest degree of aggravated unlicensed driving; if ypu get at least 3 suspensions for violations occurring on 3 separate dates, that's going to elevate things; 10 suspensions on 10 dates elevates the charge to a felony).  If on of the violations is absed on a DWI case, or a refusal to take a breathalyzer on a DWI arrest, that also elevates the charge.  

Agg. Unlic. Ope is a crime and it will be prosecuted very strongly because nobody wants to take a chance giving a channce to a suspended driver who then mows down a family of 23.  

The person at the window may have assumed that he wants to fight the ticket - did he specify that he wants to fight the charge or that he wants to plead guilty (which he should be able to do by mail).  You're only susposed to get suspensions for failing to answer a charge - if you do answer the charge, either by pleading guilty or asking for another court date, they should clear up that suspension.

He can act like he doesn't know anything - but that almost never helps anybody.  DMV mails everybody a notice when their license gets suspended; they also prepare a certificate of regulairty that indicates how people are warned about their tickets.  If they sent to his address in Canarsie and his lease shows he didn;t move until afterwards, he's basically on notice that DMV susoended his license.

I don't think they can search your car as part of a vehicular crime without a warrant, and I doubt they could get a warrant - searches are only allowed when the officer has probable cause to believe that the search will yield evidence of a crime.

I doubt you'll get arrested - there is no crime of being in a car driven by somebody with a suspended license.  However, if some of those suspensions deal w/DWI or other kinds of bad driving, arrested is the least of your problems.

He should talk to his lawyer about getting some kind of hardship license - be ready to get past the deal with being able to get around using MTA.

Answer 4

If stopped, he will go to jail. Not paying the tickets also means he has bench warrants for his arrest. "Forgetting" to pay tickets will not work in court. Suspended license also means uninsured driver, just one more charge against him.

Answer 5

Driving With A Suspended/Revoked License Or Driving Privileges

Driving with a Suspended License in New York, also known as Aggravated Unlicensed Operation (AUO) is a crime which can either be a misdemeanor

(511.1 or 511.2) or a Felony (511.3).

  

AUO - 3RD Degree - Unclassified misdemeanor punishable up to 30 days in jail, a mandatory fine from $200 to $500.This offense is committed when a person is

operating with any suspension other than alcohol related.

      

AUO - 2ND Degree - Unclassified misdemeanor punishable up to 180 days in jail, a mandatory fine from $500 to $1000 Jail time is minimum mandatory 7 days unless given 3 years probation. This offense can be committed 3 ways and occurs when a driver:

    

1.Operates with an alcohol related suspension or revocation;

2.Operates with 3 or more active suspensions or revocations that have occurred on 3 or more separate dates;

3. Commits AUO in 3rd Degree and have been convicted

within theprevious 18 months.

AUO- 1st Degree - Is a Felony and is punishable up to 4 years in prison and a mandatory fine of $1,000 to $5,000. This offense is committed when a driver:

Answer 6

If your white and he's white he might go to jail, you will be fine and in the long run he'll probably be fine, but if not I wouldn't Fock with cops from NY (sean bell ring a bell?)

Answer 7

You won't get arressted, he certainly might.  Most police dept arrest on the spot for that.  I have been pulled over twice for that and not arrested.That is not the norm though.  You can apply for a restricted license.  Yea, they may search the car.  You will definitley not go to jail.  They won't take the excuse that he didn't know.  Although, not knowing IS a defense in court if you can prove that you never received the notice in the mail.  I actually won a case that way.  He needs to be very very very careful.  When he goes to court, you drive him!