Schenectady, NY asked in Traffic Tickets and Gov & Administrative Law for New York

Q: Can NYS suspend licenses for 2019 tickets without prior notice?

I recently received a suspension notice from the DMV for a ticket dated back to 2019 due to "failure to appear," but I don't recall getting the ticket initially. Additionally, my daughter received a similar notice without any ticket description, suggesting her license would be suspended in 2 1/2 weeks. The DMV confirmed the tickets were not previously in their system and stated they need a court-signed notice to halt the suspensions. This seems unusual and unfair, especially as courts were closed due to COVID. Neither my daughter nor I got prior notifications, and this issue seems to be affecting many residents in our town in New York State. Is this situation legally justified, and do we have grounds to contest these suspensions?

1 Lawyer Answer

A: The DMV would claim that they sent you notices that you ignored. You can plead not guilty and ask the Court to vacate the default. There is a different process depending on which court issued the ticket.

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