Suspended Registrations & Suspended Licenses Due to Insurance Lapse
What is an Insurance Lapse
An insurance lapse occurs when there is no liability insurance coverage in place for a vehicle that is registered in New York State. The insurance lapse period is the time between the date your insurance is canceled and:
- your new insurance begins;
- your current insurance is reinstated;
- you surrender your license plates; or
- your registration expires
If you have a lapse of insurance, the New York DMV can suspend your registration and even your driver license depending upon the length of the lapse:
Less than 90-day Lapse of Insurance
If the insurance lapse was less than 90 days, you have two options:
- Surrender your license plates to the DMV and serve out the suspension period as outlined above; or
- Pay an Insurance Lapse Civil Penalty to the DMV. This penalty can be paid in person at a DMV office or online at https://transact3.dmv.ny.gov/inscivilpenalty/
The penalty is:
$8 per day for the first 30 days
$10 per day for the next 30 days
$12 per day for the next 30 days
More than 90-day lapse of insurance
If the registration insurance lapse was more than 90 days, you do not have the option of paying the insurance lapse civil penalty and your license will be suspended as well.
- You must surrender your vehicle registration and plates to the DMV and serve out a suspension period equal to the number of days you were uninsured.
Important: The sooner you surrender your license plates, the sooner your registration and license suspensions will end. This is because your suspension will continue indefinitely until you surrender your plates. When your plates are surrendered, the DMV will determine the term of your suspension (i.e., the number of days of the insurance lapse), and your “definite” registration and license suspensions will start from the time of your surrender of the plates. Therefore, it is always best to surrender your plates as soon as possible.
- At the end of the suspension term, you must pay a $50 suspension termination fee to the DMV to reinstate your driving privileges. This fee can be paid in person at any DMV office or online at license suspension termination fee.
Insurance Lapse Notice from DMV
Notice of Registration Suspension/Insurance Lapse
This letter is issued when the DMV is notified that your insurance coverage has lapsed. If you receive this letter you must either:
If you have insurance: Contact your insurance company immediately and have them file an electronic notice of coverage with the DMV
If you do not have insurance: You can either:
- Secure insurance immediately and pay the insurance lapse civil penalty for the number of days you were uninsured; or
- Surrender your plates and registration to the DMV for the same number of days that your vehicle was registered and uninsured.
License Suspension Notice from DMV
This letter means that your insurance has lapsed for more than 90 days. If you receive this letter you must either:
If you have insurance: Contact your insurance company immediately and have them file an electronic notice of coverage with the DMV
If you do not have insurance: You must immediately surrender your plates and registration to the DMV and serve a suspension term for the same amount of days as your vehicle was registered and uninsured.
Restricted Licenses
You will generally be eligible for a restricted license during your suspension period as long as you have not been issued a restricted license for any reason within the past 3 years.
A restricted license will allow you to drive in limited circumstances:
- to and from your place of employment
- during the hours of your employment, if your occupation requires the operation of a motor vehicle
- to and from a medical appointment for you or a member of your household
- to and from a Motor Vehicle office to transact business related to the license/permit/privilege that contains a problem driver restriction
- to and from a child's school or day-care
- to and from school
For more detailed information regarding restricted licenses, please refer to the DMV restricted license information page. https://dmv.ny.gov/tickets/about-problem-driver-restrictions
Can Someone Else Register My Vehicle if my Registration is Suspended?
The DMV will not issue a registration to your vehicle if it determines that the purpose of the new registration is to avoid the suspension. Therefore, the new registrant may not:
- have the same last name as the suspended registrant, or
- reside at the same address as the suspended registrant
Uninsured Operation of a Motor Vehicle
You should never drive a vehicle that is uninsured. The penalties for driving without insurance are extremely severe:
- You can be issued a traffic ticket summons which can result in a fine of up to $1,500.00
- You can be arrested and spend the night in jail
- Your vehicle can be impounded
- Your license can be revoked for one year
- The DMV will issue a Civil Penalty of $750.00
Driving with a Suspended Registration
You should never drive a vehicle with a suspended registration. Driving with a suspended registration is a misdemeanor - a criminal charge. The penalties for driving with a suspended registration are as follows:
| Violation | Crime Class | Maximum Fine | Maximum Jail/Prison Sentence |
| 1st Offense | Misdemeanor | $100 plus surcharges | 30 days jail |
| 2nd Offense in 18 months | Misdemeanor | $200 plus surcharges | 90 days jail |
| 3rd Offense in 18 months | Misdemeanor | $500 plus surcharges | 180 days |
Driving with a Suspended License - Aggravated Unlicensed Operation
You should never drive a vehicle with a suspended license. If you are caught driving with a suspended license you can be charged with Aggravated Unlicensed Operation. AUO is a misdemeanor or a felony depending upon the circumstances. The penalties for driving with a suspended license are as follows:
| Violation | Crime Class | Maximum Fine | Maximum Jail/Prison Sentence |
| AUO 3rd Degree | Misdemeanor | $500 plus surcharges | 30 days jail |
| AUO 2nd Degree | Misdemeanor | $1,000 plus surcharges | 180 days prison and/or probation |
| AUO 1st Degree | Felony | $5,000 plus surcharges | 4 years prison and/or probation |
Please visit our Aggravated Unlicensed Operation Blog for helpful information regarding the defense of Aggravated Unlicensed charges.
Suspended Registration & Suspended License Lawyer - Available 24/7
If you have been charged with Driving with a Suspended Registration, it is important that you speak with an experienced traffic attorney as quickly as possible. All of these charges can result in severe consequences to your driving privileges and can result in a criminal record.
Veltry Law has been representing clients with Suspended Registration charges for over 30 years. We know what needs to be done to restore your registration and driving privileges as quickly as possible and are skilled in securing favorable dispositions of any resulting criminal charges. Please feel free to visit our website to learn more about reinstating your license and feel free to call 24/7 for a free consultation to discuss your matter in detail.
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