VTL § 512, “Operating While Registration Suspended/ Revoked”
Your driver’s license can get suspended. So too can your vehicles’ registration be suspended. A registration can be suspended for several reasons. In most cases, the suspended registration stems from an insurance lapse. In order to register a vehicle, you need to provide proof of insurance. The New York State Department of Motor Vehicles is notified when the insurance is removed from the car. If there is no insurance on the vehicle and the plates were not returned, then the registration of the car is suspended. Often motorists that are stopped are not aware of an insurance lapse and not aware of the suspended registration. In fact, in many cases, the motorist will be properly insured but the registration is still suspended due to a previous insurance lapse.
Statute
The wording of the statute is as follows:
§ 512. Operation while registration or privilege is suspended or revoked. Any person who operates any motor vehicle upon a public highway while the certificate of registration of such motor vehicle or privilege of operation of such motor vehicle in this state or privilege of obtaining a certificate of registration issued by the commissioner is suspended or revoked shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment for not exceeding thirty days or by both such fine and imprisonment for conviction of a first offense; by a fine of not less than one hundred dollars nor more than two hundred dollars or by imprisonment for not exceeding ninety days or by both such fine and imprisonment for a conviction of a second offense committed within a period of eighteen months; by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not exceeding one hundred eighty days or by both such fine and imprisonment for a conviction of a third or subsequent offense committed within a period of eighteen months.
How to Defend Against a VTL 512 Charge
Driving a vehicle with a suspended registration is a misdemeanor criminal offense and must be taken seriously. You may not have been arrested and the charge may be issued in the form of a traffic ticket, but it is a criminal offense. A conviction of Vehicle & Traffic Law § 512 will result in a permanent criminal record and possible jail time.
As it is a criminal offense, the court will require that you retain counsel. If you cannot afford an attorney the court is required to appoint an attorney for you. When charged with VTL 512, it is prudent that you retain a law firm with extensive experience in “auto crimes”. There are notice requirements and mens rea requirements. The prosecution will have a hard time proving as much, especially if the driver is not the owner of the vehicle
Benjamin Goldman Law Office
The Benjamin Goldman Law Office has successfully fought many such charges, utilizing various defenses. Our attorneys have also been able to get the charges dropped without the defendant even having to appear personally in court. Our success in fighting traffic-related charges is attested by the many five-star reviews we have received.
The Benjamin Goldman Law Office practices state-wide. We have gotten 512 charges reduced to minor traffic violations or dismissed in many different courts. A sampling includes Champlain, Putnam Valley, Ithaca, Airmont, Harrietstown, Monticello, and Brooklyn. If you are facing a charge of Driving with a Suspended Registration, you can get in touch with the Benjamin Goldman Law Office. One of our attorneys will analyze your case and determine the best defense. Consultations are free – either in person or over the phone.
Common Questions about VTL § 512
Is a Registration Ticket in NY a Misdemeanor? −
Driving with an expired registration or no registration at all is a simple traffic ticket. Driving with a suspended registration is a misdemeanor.
Does a Suspended Registration Charge Require Prosecution by Information? −
Prosecution by Information is one of the methods that can be used to initiate the court process. Consult with your attorney about your specific case.
Why Was My Registration Suspended? −
It can be suspended for several different reasons. The most common culprit is an insurance lapse.
I Was Suspended for an Insurance Lapse, but When I Was Pulled Over, I Had Proper Insurance. Does That Mean the Charges Should Be Dropped? −
No. Just fixing your insurance does not mean that the registration is cleared up or that the charges will be dropped. Your registration may be suspended for a period of time irrelevant to getting the insurance fixed. Your registration may also be suspended until you pay a civil penalty irrespective of getting the insurance back on the car.
Will I Go to Jail for Driving with a Suspended Registration? −
Unlikely, but a conviction will result in a criminal record so it needs to be taken seriously.
Other Traffic Violations We Handle
Community Discussion
Questions? Thoughts? Let us know down below!
How do I get out of this situation? I was stopped by a cop and toll that my registration had expired due to insurance lapse but I had insurance the whole time. My vehicle was impounded and the license plate serenaded. I have a court date to be there in person.
What should I expect when I go to court? New York State—I got a ticket for suspended registration because of an insurance lapse, under VTL 512. I had insurance again when I was stopped, and the officer said to fix the registration right away before letting me leave. The lapse was only for a few days. DMV gave me the option to surrender my plates or pay $72 to restore the registration. I paid the $72, and my registration was reinstated the following day, so I am legal to drive now. But I still have a court date. The ticket calls this a misdemeanor, which has me worried. Could the court dismiss it since I corrected it, like the officer seemed to suggest, or is it more serious than that?
VTL 512 is a criminal charge It is probably something that should be taken seriously.
How do I get an old traffic matter taken off my driving abstract? It is causing a problem with a background check. My abstract still lists a suspended license and suspended registration, even though I paid the court fines. I did not understand then that this could keep affecting me later. I got a certificate of disposition from the court, but the background-check company will not accept it. They told me they cannot hire me while it remains on my driving abstract. I am having a hard time finding work and am in serious financial trouble. The tickets happened when I was using a company vehicle. The insurance on that vehicle had not been paid, and its registration was suspended, but that was not my responsibility. My employer told me to take the penalty and said they would make up for my loss. I pleaded guilty because I needed to renew my license then. Is there any way to have this removed or cleared up?
Having a suspended registration does not show up on a driving record. Driving with a suspended registration is a criminal offense and you should have had an attorney at that time and if you could not afford an attorney the court was supposed to appoint one for you.
If you were the victim of an injury due to a motorist operating a vehicle with an suspended registration, you can contact the Sternberg Injury Law Firm for a consultation
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.
Benjamin Goldman Law Office
Every minute the car is in the lot cost more so the priority is to get it out. See if they will let you tow it out. Alternatively get your registration in order and get new plates.