QUESTION

What can I do if I am driving with a suspended license which I was not aware of?

Asked on Mar 13th, 2014 on Criminal Law - New York
More details to this question:
I am a resident of NY. I just found out 2 weeks ago that my license had been suspended in 2007, for an Aug 2005 charge. I never received a notice, and obviously I have a good driving record as I never have had to present my license since then. Supposedly, it was for a no/inadequate light charge. I vaguely remember having to go to the dealer at one time to have a light bulb changed, but I don't even remember if it was for the car in question. I no longer have the car in question (it was sold in early 2006) and no longer have the repair records. My mailing address did not change, so I can’t say that the (supposedly mailed) notice went astray due to a mailing address issue. So: I've have been driving with a suspended license for years. As soon as I found about the suspension I stopped driving. The suspension is now cleared after paying a fine, but I have an appearance set with the local town court in a few weeks, as I have plead 'not guilty' to this charge. Question: Since the original charge was a minor infraction, I have a good driving record (other than this offense), am a tax paying citizen in good standing in a small community, have no recollection of the offence, and this all originated 9 years ago, can I realistically expect the court to not persecute me for driving with a suspended license for 7 years? I understand that there might be a fine, and I might be able to get this reduced, but I am concerned that I will have a criminal record and/or points on my license. I’m almost 60 years old, and having anxiety attacks due to the stress of dealing with this, so any advise would be appreciated.
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1 ANSWER

Real Estate Attorney serving Garden City, NY at Law Offices of Hein, Waters and Klein
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If the charge that you will be appearing on is in fact a minor traffic infraction that occurred 9 years ago you should be able to negotiate a very favorable disposition, especially if you live in the jurisdiction of the Town Court and are known as a local resident. However, if you are that nervous perhaps you should retain a knowledgeable local attorney to represent you.
Answered on Mar 14th, 2014 at 6:38 PM

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