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

New York, NY |
Attorney answers 7

Posted

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.

Posted

At sentencing.

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Posted

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

Posted

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

Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

Posted

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.

Posted

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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