When does the license suspension start?does it start on the day sentenced or when I plead guilty?

Asked about 1 year ago - New York, NY

If I suspended for a year will it start when I plead or when the dmv says so?

Attorney answers (7)

  1. Jonathan Brian Manley

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . The revocation for an individual's license for an alcohol related offense begins immediately after sentencing unless there is a stay granted by the court. That means, an individual can't even drive home from court legally after their sentencing. You should consult your attorney to make sure a stay wasn't granted.

  2. Eric Edward Rothstein

    Contributor Level 20

    13

    Lawyers agree

    Answered . At sentencing.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Christopher Irvin Simser

    Contributor Level 19

    12

    Lawyers agree

    Answered . It begins on the date you are sentenced. You will be revoked for one (1) year from that date.

  4. Joseph A Lo Piccolo

    Contributor Level 20

    8

    Lawyers agree

    Answered . Sentence.


    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Michael J Palumbo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . It depends on the charges there is not enough information to give you an answer.

  6. Scott Glen Cerbin

    Contributor Level 5

    2

    Lawyers agree

    Answered . I agree with my colleagues but would add that the distinction between suspension and revocation is significant. The question asked about a suspension. Assuming this is correct it seems the individual is pleading to 1192.1 which entails a 90 day suspension from the date of sentence. If he were pleading to a first offense DWI the revocation would be six months (except for aggravated DWI 1192.2a - which is one year). The suspension terminates after ninety days (you do have to go to DMV and pay a suspension termination fee first!). However, a revocation means you are revoked for at least the amount of time specified; after which you can make an application to the Commissioner of Motor Vehicles to restore your license. Stated differently, you no longer have a license after revocation.

  7. Todd J W Wisner

    Pro

    Contributor Level 3

    Answered . License suspension does not occur on the date of plea unless you are sentenced the same day. Sometimes there is a plea and sentence. If the court must adjourn the case for sentence then your suspension will occur on that date.

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