Legal Question in Traffic Law in New York

In September, I received two traffic tickets in Suffolk County New York. After handing the officer my license, he asked for my address. I told him my mailing address was on my license (a post office box). He demanded the address of my current residence (because he wanted to mail me a gift certificate, he said). I gave him that address, but told him I did not receive mail there. The tickets were written up using the street address. I mailed the tickets within 30 days with a note explaining that this was not a mailing address and to please send any correspondence to the address on my license.

I had not heard anything since then and since only a few months had passed, didn't give it much thought. This week, I was pulled over and was shocked to find out my license had been suspended. I went to the local DMV and got an abstract of my driving record which showed two suspensions for failing to answer summons and two suspensions for failure to pay fine. As previously stated, I had not received any correspondence at all regarding this matter and feel as if I was unjustly deprived of my right to a hearing and subsequently convicted in absentia. I am assuming DMV was corresponding to the address on the ticket which was a temporary residence from which I have since moved and I never received any mail there at all. The P.O. Box has been the address on my license since 1998, and DMV has always sent correspondence to that address. I have no idea how to go about resolving this. Any help would be greatly appreciated. Thank you.


Asked on 2/25/11, 8:04 am

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

It's a bit complicated but the issue will be notice. The statute for agg unlicensed operation of a motor vehicle uses the term that you knew or should have known your lic was suspended. This will be the issue. Also, the notice of mailing will have the address on it, to which it was sent. Sometimes it may even show that it was returned. You should endeavor to get a copy of it. Remember, 511 is a misdemeanor. Feel free to call if you wish a consult.

Good Luck

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Answered on 2/25/11, 9:52 am


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