Vehicle & Traffic Law § 1196(7) — Conditional License Violation

Vehicle & Traffic Law § 1196(7) governs conditional driving privileges issued by the New York State DMV. If you are charged with DWI or similar driving offense, your license may be suspended while the case is pending. In certain circumstances, the court may grant a limited hardship privilege. An eligible driver may later obtain a conditional license from the DMV that allows driving for certain limited purposes.

Conditional License

Under certain circumstances, a driver may be eligible to obtain a conditional license from the DMV. A conditional license allows the driver to operate a vehicle for certain purposes and at certain times.

A conditional license can only be granted in specific situations. These are limited to:

1. Driving to and from work.
2. Driving during work hours if operating a vehicle is required for the job (but not if driving is the actual job).
3. Driving to and from required alcohol or drug rehabilitation classes.
4. Driving to and from school.
5. Driving to and from court-ordered probation activities.
6. Driving to and from the DMV for business relating to the license or program.
7. One three-hour daytime period each week for personal driving.
8. Driving to and from necessary medical treatment for the driver or a household member.
9. Driving a child to or from school or daycare when necessary for the driver to keep working or stay in school.

Conditional License Violation

A conditional license will tell you when and where you are allowed to drive. If you drive outside those restrictions, you can be charged with violating your conditional license. This is a traffic violation, not a crime, and it does not carry any DMV points. The fine is $200 to $500, plus a mandatory surcharge ($88 or $93), and the judge can also impose up to 15 days in jail. Most importantly, a conviction will cause the DMV to automatically revoke the conditional license, meaning you will no longer be allowed to drive at all.

Statute

The wording of the statute is as follows:

Notwithstanding any inconsistent provision of this chapter, participants in the program, except those penalized under paragraph (d) of subdivision one of section eleven hundred ninety-three of this article for any violation of subdivision two, three, or four of section eleven hundred ninety-two of this article, may, in the commissioner's discretion, be issued a conditional driver's license, or if the holder of a license issued by another jurisdiction valid for operation in this state, a conditional privilege of operating a motor vehicle in this state. Such a conditional license or privilege shall be valid only for use, by the holder thereof,

(1) enroute to and from the holder's place of employment,

(2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof,

(3) enroute to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which his attendance is required,

(4) enroute 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,

(5) to or from court ordered probation activities,

(6) to and from a motor vehicle office for the transaction of business relating to such license or program,

(7) for a three hour consecutive daytime period, chosen by the administrators of the program, on a day during which the participant is not engaged in usual employment or vocation,

(8) enroute to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of the participant's household, as evidenced by a written statement to that effect from a licensed medical practitioner, and

(9) enroute to and from a place, including a school, at which a child or children of the holder are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment or enrollment at an accredited school, college or university or at a state approved institution of vocational or technical training.

Such license or privilege shall remain in effect during the term of the suspension or revocation of the participant's license or privilege unless earlier revoked by the commissioner.

Disputing an § 1196(7) Ticket

If you are charged with violating a conditional license, it is important to take the ticket seriously. A conviction can cause you to lose your conditional driving license. It is a good idea to speak with a traffic lawyer before deciding how to handle the ticket because there are likely defenses to this ticket even if in fact you were driving outside of your conditions.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic law firm. We have been defending motorists with all types of traffic related charges since 2011. Our firm helps clients in all areas of the state including Long Island, New York City, Upstate New York, Hudson Valley, Catskills, Southern Tier, Western New York, Finger Lakes, Central New York, Mohawk Valley, Capital District, and North Country. The Benjamin Goldman Law Office provides all potential clients with a free consultation. You can contact us at your convenience via phone call, text message, email, or website submission. Our team looks forward to taking on your case.

Common Questions about VTL 1196-7(a)

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