Here's a NY Traffic Law question you've never heard before!

[Womanwithin]

What is the name of your state (only U.S. law)? NY

My son is 16 and has his Junior license. He was a few hours from home and pulled to the side of the road to change a flat. He didn't judge correctly and went into a ditch, got himself out and a policemen showed up. He gave him a ticket for crossing "hazard markings." We did not fight it because we could not travel the distance to court. So we pled guilty. Then we get a letter from NYS DMV that his Junior license has been suspended for 2 months beginning 3 weeks from now and at the end of that time he will start his 6 month probation over again.

However, he has taken driver ed and has his certificate that allows him to get his senior license when he turns 17 which is in one week. We haven't turned in the driver ed paperwork yet. He had his junior license before he completed driver ed.
Questions:
should we turn in the driver ed paperwork now so that he gets his senior license before he has to turn in his license?

With a senior license will he still have it suspended? Also, will he still have a 6 month probation with a senior license?

Or should we wait until the 2 month suspension is up before turning in the paperwork for his senior license?

Also, the ticket states "Crossing over hazard markings", the letter from the dmv states that the conviction was for "driving across "no passing' markings" is that the same thing? HELP!!!!

Had we known this would be such a serious offense we would have obtained a lawyer. However, hindsight is 20/20.

 

[You Are Guilty]

I don't think it will make a difference whether you turn in the paperwork or not, as the suspension takes precedence. Based on your post, it seems the learner's permit would be suspended, not the Class D license.

Your junior permit, license, or privileges will be suspended for 60 days if you are convicted of one serious traffic violation or two other violations that were committed while you held a junior permit or license.
...
A "serious traffic violation" is normally a violation that carries three or more driver violation points.

http://www.dmv.ny.gov/youngerdriver/grad-nyc.htm

 

[asiny]

I don't think it will make a difference whether you turn in the paperwork or not, as the suspension takes precedence. Based on your post, it seems the learner's permit would be suspended, not the Class D license.

Your junior permit, license, or privileges will be suspended for 60 days if you are convicted of one serious traffic violation or two other violations that were committed while you held a junior permit or license.
...
A "serious traffic violation" is normally a violation that carries three or more driver violation points.

NYS DMV - Younger Driver - Graduated License Law - New York City Restrictions

Based on that - it reads that it makes no definition between under what licence the violation was under, just that the suspension will take place regardless of the license held.

I am wondering by what date did the DMV suspend the licence? If it was suspended BEFORE he completed driver ed. would the certification be void as he had no permit?

 

[Womanwithin]

Answers to Respondents

No, he had received his junior driving license before he finished his driver's ed course. I just don't understand that they said his junior driver's license was suspended for 2 months because the ticket was received within his 6 month probationary period, (I get that part) but wouldn't be suspended until September 6, 2011. Why the waiting period?

He turns 17 on August 26. So if this hadn't happened and we turned his driver ed paperwork in to DMV they would have sent him his senior license on August 26.

He recieved the ticket and his suspension because he was in his probationary period but as of Aug. 16. He is eligible for his senior license. Does that null and void the suspension then?

Would someone that works for DMV know the answer? It was dmv that suspended his license. Not the court.

 

[xylene]

My son is 16 and has his Junior license. He was a few hours from home and pulled to the side of the road to change a flat. He didn't judge correctly and went into a ditch, got himself out and a policemen showed up. He gave him a ticket for crossing "hazard markings." We did not fight it because we could not travel the distance to court.

That was foolish. You should have spent the time on attending or money on a lawyer. You realize this now.

So we pled guilty. Then we get a letter from NYS DMV that his Junior license has been suspended for 2 months beginning 3 weeks from now and at the end of that time he will start his 6 month probation over again.

Correct. Sounds about right per NYSDMV regs which are very strict.

However, he has taken driver ed and has his certificate that allows him to get his senior license when he turns 17 which is in one week. We haven't turned in the driver ed paperwork yet. He had his junior license before he completed driver ed.

You should turn it that paper work the day you get (got) it.

should we turn in the driver ed paperwork now so that he gets his senior license before he has to turn in his license?

You should turn in sons paperwork immediately, if only so you don't lose it.

With a senior license will he still have it suspended? Also, will he still have a 6 month probation with a senior license?

The suspension and probation is by date, not license status.

Or should we wait until the 2 month suspension is up before turning in the paperwork for his senior license?

It does not make any difference. He will get full class D, but he willl be suspended and then have 6 months probation. He will be able to drive at night.

Also, the ticket states "Crossing over hazard markings", the letter from the dmv states that the conviction was for "driving across "no passing' markings" is that the same thing? HELP!!!!

This is a clerical issue that doesn't change a thing.

Had we known this would be such a serious offense we would have obtained a lawyer. However, hindsight is 20/20.

All convictions on a junior license or while on license probation are very serious. The driving manual says exactly this.

I wish there was better news hear, but there is nothing you can do since you didn't fight an plead guilty. You can't even appeal a guilty plea in these circumstances.

 

[Womanwithin]

Thank you

Thank you for your answers to my questions. I did look it up on the dmv website and it said two tickets in your probationary period would result in suspension. Or one major offense. I thought the hazard lines ( those lines on the side of the road that are raised so that if you fall asleep it would wake you up) since those are what he crossed when he pulled to the side to change his tire wasn't a severe offense so I didn't think his license would be suspended, otherwise I would have retained an attorney.

Well, Lesson learned. And this will only serve to make him a more cautious driver since he knows that if he gets a ticket during the next 6 month probationary period his license would be revoked.

Anyway...thank you for taking the time it took to answer my question fully. I truly appreciate it!!!!!

 

[Free_Advice]

Rules for kids <18yrs are more strict ... I find it puzzling that the OP did not know that...

 

[OHRoadwarrior]

It sounds like the officer wanted to cite him, however did not want to slam him. The ticket he received was for crossing over the solid yellow lane marker, to the shoulder. It could have reasonably been reckless operation, had the officer been inclined to do so.
A similar ticket, is failure to drive in a marked lane.

 

[HighwayMan]

It sounds like the officer wanted to cite him, however did not want to slam him. The ticket he received was for crossing over the solid yellow lane marker, to the shoulder.

Without knowing the section of the VTL he was cited for violating you cannot make ANY statements about what he was written for.

 

[HighwayMan]

Rules for kids <18yrs are more strict ... I find it puzzling that the OP did not know that...

The rules are the same except for the junior license restrictions. It is the penalties that differ.

 

[OHRoadwarrior]

Without knowing the section of the VTL he was cited for violating you cannot make ANY statements about what he was written for.

I can make any statement I want. What are you going to do, give me a ticket? We have already ascertained, based on your prior posting, in spite of the fact you are a police officer, there are areas of traffic law I have more knowledge than you.

 

[You Are Guilty]

I can make any statement I want. What are you going to do, give me a ticket? We have already ascertained, based on your prior posting, in spite of the fact you are a police officer, there are areas of traffic law I have more knowledge than you.

I must have missed that day. Link?

 

[HighwayMan]

It could have reasonably been reckless operation, had the officer been inclined to do so.

The "offense" does not meet the requirements of the "reckless driving" statute.

A similar ticket, is failure to drive in a marked lane.

No, it is not similar in the least. Similar in what way? Points? Fine?

 

[HighwayMan]

I can make any statement I want.

Yes you can, and that includes incorrect statements as well as correct statements. This time you happen to be incorrect.

What are you going to do, give me a ticket?

There is no summonsable offense that I know of that covers this situation.

We have already ascertained, based on your prior posting, in spite of the fact you are a police officer, there are areas of traffic law I have more knowledge than you.

Have we? You have previously demonstrated your lack of knowledge regarding New York State traffic laws. Maybe you know Ohio, but you're a little bit behind when it comes to my state.

 

[HighwayMan]

I must have missed that day. Link?

You're not the only one.