The Kessler Law Firm

Registration Suspensions and their Consequences

Let’s take the scenario where a person will purchase automobile insurance and pay the premiums for several months. Then, while still under the policy, the driver fails to make their monthly payments. The insurance company then sends notice to the person of the pending termination of the policy for failure to pay. If the person continues nonpayment, the insurance company will cancel the policy and notify the DMV that the insurance was cancelled. The DMV will send notice to the registered car owner that the vehicle does not have automobile insurance and will notify the car owner that, if not resolved, the car registration will be suspended

Say that a person is in this situation and they or anyone else drives that vehicle, then that person could be in violation of several New York Vehicle and Traffic laws. If this car gets pulled over by the police for any reason, the police will see that that car’s registration is suspended. If the registration is suspended, the driver could face the criminal misdemeanor offense of “Operating a Motor Vehicle with a Suspended Registration” (VTL §512). This ticket will be issued regardless of who is driving the vehicle. In addition, “Failed to Surrender Susp/Revoked Lic/Registration” (VTL §510-7) and “Operating/Permitting Operation While License/Registration Susp/Revoked – Article 7” (VTL §355) which are both criminal misdemeanor offenses are two other charges that a driver could face. Furthermore, if the insurance situation was never resolved, then Driving Without Insurance (VTL §319-1) is another potential charge that a person may face – a Driving Without Insurance penalty can be the suspension of your driving privileges for up to 1 year. Likewise, when the DMV suspends a vehicle’s registration, they also cancel the vehicle’s inspection – another violation. 

 

It is very important to stay on top of your vehicle’s insurance policy and registration status. If, for whatever reason, you run into a situation like this do not hesitate to call an experienced attorney who can help negotiate the reduction and/or dismissal of these charges.