DMV Hearings Attorney in New York City
What Will My DMV Hearing Involve?
Drivers who have recently received a traffic citation will have the opportunity to contest their ticket at an administrative DMV hearing. Depending on the nature of the infraction, penalties can include hefty fines, points on your driving record, or even a license suspension or revocation. With your driving privileges on the line, it is important to understand what you can expect at an administrative hearing and what you can do to prepare.
Common moving violations can include:
- Drunk driving
- Speeding
- Reckless driving
- Tailgating
- Violation of a traffic signal/sign
- Use of a cell phone or electronic device
If you have already received a traffic ticket, it is important to act quickly as drivers generally only have 15 days in which to contest a ticket and enter a plea of not guilty. Failure to respond in a timely manner may forfeit your ability to contest a violation, no matter how convincing your evidence. Once you plead not guilty to a traffic violation, your case will be sent to and heard by a DMV administrative law judge.
With Gannes & Musico, LLP, your case will be handled by a team of DMV attorneys who have handled thousands of cases and are backed by more than 30 years of experience. Contact us today to learn more!
What is the DMV?
The Department of Motor Vehicles (DMV) in New York City is a government agency responsible for administering and regulating motor vehicle registration, driver licensing, and related services. The New York State DMV operates several offices within New York City, where residents can:
- Register Vehicles: This includes cars, trucks, motorcycles, and other vehicles, ensuring they are legally allowed to be driven on public roads.
- Obtain Driver's Licenses: Residents can apply for, renew, or replace driver's licenses and learner permits. The DMV also administers written and road tests required for obtaining a license.
- Process Non-Driver IDs: The DMV issues non-driver identification cards for those who do not need a driver's license but require a state-issued ID.
- Handle Vehicle Title Transactions: This involves the transfer of ownership of vehicles, including issuing and updating titles.
- Manage Traffic Violations: The DMV handles certain traffic violations, especially those related to driving without a license, vehicle registration issues, or other administrative matters.
- Provide Records: The DMV can provide driving records, vehicle histories, and other related documentation upon request.
In New York City, the DMV offices can be very busy, so many services are also available online to save time.
The Authority of the DMV
The Department of Motor Vehicles has the authority to suspend your driver's license if you are convicted of certain crimes.
Some of the reasons you may be summoned include:
- DWI: If you are arrested for driving while intoxicated by alcohol or drugs, you may be required to attend a DMV hearing. This hearing can determine whether your driver's license will be suspended or revoked, independent of any criminal charges.
- Reckless driving or driving without insurance: Reckless driving is a serious traffic violation involving dangerous or irresponsible behavior on the road. Driving without valid insurance is also a significant offense. Both can lead to a hearing where the DMV assesses whether your driving privileges should be revoked or suspended.
- Involvement in a fatal accident: If you are involved in a traffic accident that results in a death, the DMV may summon you to a hearing to determine your responsibility in the incident. The outcome of this hearing can have serious implications for your driving record and license status.
- Failure to submit to a breath test: If you refuse to submit to a breathalyzer or other chemical test when suspected of DWI, you will likely be summoned to a DMV hearing. Refusing a breath test can lead to an automatic suspension of your license, regardless of whether you were intoxicated.
- Repair shop violations: If you own or operate a repair shop and are accused of violating DMV regulations—such as performing unauthorized repairs, overcharging, or engaging in fraudulent practices—you may be summoned to a hearing. The DMV can impose fines, suspend licenses, or take other actions against the business.
- Commercial Driver Violations: Commercial drivers may be summoned to a hearing for violations specific to their professional license, such as driving beyond allowed hours, carrying improperly secured loads, or operating a commercial vehicle without the necessary endorsements.
- Medical Fitness to Drive: If there are concerns about your medical fitness to drive—such as issues with vision, seizures, or other health conditions—you may be required to attend a DMV hearing. The DMV will evaluate whether you are still capable of driving safely.
- Fraudulent Document Submission: If you are suspected of submitting fraudulent documents to the DMV, such as fake identification, false information on a license application, or altered vehicle titles, you may be summoned to a hearing. The DMV will investigate the validity of the documents and decide on the appropriate penalties.
- Persistent Violator Hearings: If you have a history of repeated violations, the DMV may schedule a hearing to determine if you should be classified as a "persistent violator," which could result in the revocation or suspension of your license.
In addition, you may also be summoned if you receive too many points on your driving record because of traffic tickets that have accumulated over time. However, you are granted due process in the form of an administrative hearing. You have the right to request a hearing to challenge your license suspension.
Attending a DMV Hearing in NYC
At your hearing, the judge will listen to and consider evidence presented by the officer who administered your ticket as to the nature of the violation. You, the defendant, will also have an opportunity to testify and present your case including evidence and witnesses. The administrative law judge will then determine if you are guilty. If found guilty, there may still be an opportunity to appeal the decision.
When you attend an administrative hearing, you are given the right to representation by an NYC DMV attorney. While you are not legally required to hire a NYC DMV lawyer, it often makes sense to do so. The majority of drivers will seldom go through the experience of arguing their case at a hearing. Traffic attorneys, on the other hand, are deeply familiar with the laws and circumstances involved with all types of traffic violations. Although these hearings do not involve criminal charges, they can still be overwhelmingly complex and you will want to ensure that your case is presented as effectively as possible.
Contact Gannes & Musico, LLP for a Free Case Evaluation!
Although DMV hearings and all similar matters are not criminal court-related, and therefore do not require legal representation, having an experienced attorney at your side can positively impact the outcome of your matter. Whether you have received a traffic ticket or speeding ticket, whether you have been arrested for DWI or were cited for driving without insurance, you may face administrative proceedings at the DMV.
A DMV lawyer in NYC at our firm will offer you a free consultation to determine how we can help you. Should you decide to retain the services of a lawyer at our office, we can take action to protect your interests and ensure that the DMV proceedings are handled correctly. It is our goal to protect your driving privileges. Losing your license can have disastrous effects, and we will do everything in our power to make sure that this does not happen to you.
Gannes & Musico, LLP can offer you the representation you need to do so with success. You have only a limited time to contact the DMV and request a hearing to challenge your driver's license suspension. It is crucial that you contact an NYC DMV attorney at our firm as soon as possible to learn more about your rights and options in regard to your hearing.
Looking to challenge your driver's license suspension? Contact a New York City DMV attorney for more information.
