Exemptions to Tax Suspension of Driver’s License

A license to drive is a privilege and not a right. While many people take it for granted, the loss of this privilege can have immediate negative effects on a person’s life. People rely on their license for work, transportation and handling the everyday intricacies of their lives. For various reasons, this privilege can be taken away by New York State.

A little known fact is that a driver’s license can be taken away by the state for a variety of reasons that don’t involve driving. If you have an external legal situation, like child support arrears, your license might be at risk of suspension. Even though you might hold a pristine driving record, failure to comply with court orders on unrelated matters can affect this privilege. Another common example is a tax lien. Even though they are different entities, the New York State Tax Department and Department of Motor Vehicles are in constant communication with each other. If your tax lien exceeds a certain amount, the Tax Department is entitled to ask the DMV to suspend your license.

Regardless of the reason for the pending suspension, there are certain statutory exemptions that might prevent it. The following exemptions could be successfully argued to prevent the suspension of your license.

• 1. CDL holders in current good standing
• 2. Drivers whose wages are being garnished
• 3. Drivers who are currently paying court-ordered child support
• 4. Drivers who are currently paying a court ordered combination of child and spousal support
• 5. Drivers who receive the following public assistance benefits
• a. SNAP
• b. EBT
• c. ERAP
• d. HEAP
• e. LIHWAP
• 6. Recipients of Supplemental Security Income

If you received a suspension notice, and any of these situations apply to you, contact an attorney today to explore your options. A successful argument in these cases hinges on a timely application and there are filing deadlines for all the above. In the event that a deadline is missed, even a successful argument might not work.

Before any license is suspended, DMV is required to send a notice of pending suspension. This notice will alert you of the suspension date. If you have ever received such a notice, this is the date you should take action by.