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License Suspension 3 min read

Getting a Restricted Use License While Yours is Suspended

By Seth M. Azria, Esq.

1. Suspensions Not Related to Alcohol

The New York DMV may issue a restricted use license to a driver after a revocation or suspension due to violations not related to alcohol or drugs. For example, if your license was suspended for too many points or speeding convictions. For alcohol-related suspensions, hardship privileges and conditional licenses would apply.

The DMV will determine if you qualify under the law for the restricted use license and will notify you if you are eligible. To apply for a restricted use license, you must fill out the official DMV form.

Download DMV Form MV-44CR

2. Where You May Drive with a Restricted Use License

You are permitted to drive:

  • To your employment, business, trade, occupation, or profession.
  • To and from a class or course at an accredited school, college, or university, or at a state-approved institution of vocational or technical training.
  • To and from a medical examination or treatment as part of a necessary medical treatment for the participant or member of his household, as evidenced by a written statement from a licensed medical practitioner.

To be granted a restricted use license, the DMV must find that denying you the privilege would deprive you of your usual means of livelihood and thereby constitute an unwarranted and substantial financial hardship on you or your immediate family, or would seriously impair your ability to meet the requirements of your education.

Important Note: A restricted use license may not be used to drive a vehicle for hire or to drive a commercial vehicle.

3. Who Does Not Qualify

You will NOT qualify if:

  • You do not have a valid NYS license or a NYS license that can be renewed.
  • Your license was suspended for a period of 30 or fewer days.
  • A judge suspended your license based on the court’s authority under the law.
  • You had another restricted license in the last three years.
  • You have a suspension that you can end yourself (e.g., failing to respond to a traffic ticket, failing to pay a fine, or failing to file an accident report).

4. Reversing Traffic Convictions

If your license was suspended due to convictions from entering a guilty plea by mail (or otherwise) while you were not represented by a lawyer, it is sometimes possible to reopen a case and secure a reduction after the fact. This procedure is called a motion coram nobis.

Learn More About Motion Coram Nobis
Legal Authorities & Resources
NYS DMV Help Article NY VTL §530
Need Help With a Suspended License?

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