Skip to main content

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

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. 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. At sentencing.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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

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

  5. 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)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  6. 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. 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.

Traffic tickets topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics