Never licensed versus suspended
New York treats driving without ever having held a valid license differently from driving while a license is suspended or revoked. The first is generally a traffic infraction. Driving when you know, or have reason to know, that your license is suspended is usually charged as aggravated unlicensed operation, a criminal offense handled in criminal court rather than at a traffic agency. Drivers holding a valid license from another state or country may face different questions, depending on how long they have lived in New York. Read the ticket carefully to see which law is cited, because the charge on the paper decides where the case goes.
Finding out why the license was not valid
Many suspensions come from things drivers did not realize had happened, such as an unanswered ticket, a lapse in insurance, or unpaid child support. Get your driving abstract from the DMV, which shows any suspensions and their causes. Some suspensions can be lifted by answering the old ticket or paying a fee, and doing so before your court date can change how the case is resolved. Keep receipts and the DMV's confirmation that your license was restored. If you never had a New York license, bring proof of any license from another state or country, and of when you moved here.
What the first call covers
We start by confirming what you were actually charged with and where the case will be heard. In New York City, traffic infractions are generally handled by the DMV's Traffic Violations Bureau, while elsewhere they usually go to local courts or, in a few cities, a municipal traffic agency; a criminal charge goes to a criminal court. We review whether the suspension was properly noticed, whether it has since been cleared, and what a conviction would mean for your record and insurance. For non-citizens and commercial drivers, the consequences of even a minor conviction deserve separate attention. Do not drive again until your license status is confirmed, because a new stop can turn one problem into two.
