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

Vehicle & Traffic Law § 1196(7) concerns a motorist charged with violating the conditions of their Conditional License. If you have been charged with a DUI, it usually means your license will be suspended at your arraignment.

Conditional License

Under certain circumstances, a driver can petition the Court for a conditional license. This conditional license can allow the driver to drive for limited periods of time throughout their week.

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

1. Employment commitments
2. Educational commitments
3. Court ordered probation activities
4. Treatment programs where physical attendance is required
5. To and from the DMV in specific circumstances
6. Medical treatment for you or a household member

Conditional License Violation

If a conditional license is issued, there will be written restrictions on it that will alert law enforcement of the time and locations it can be used. If you drive outside of these conditions, you will be charged with VTL § 1196(7). This is a traffic violation (not a misdemeanor) and does not have any points. The fine is up to the judge and the maximum is $500 + mandatory $93 surcharge. However, the biggest problem with this violation is that a guilty plea or a conviction of this charge means you will automatically lose your conditional license and you will not be able to drive at all. A judge does not have the discretion to continue the conditional status. It is an automatic suspension or revocation (depending on original status) from the DMV of the driver’s license with no conditions.

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 have been charged with VTL 1196-7, it is prudent that you contact a traffic lawyer. Handling the ticket properly versus handling it improperly can be the difference between being able to continue to drive or an entire shutdown of your driving privileges. There are many possible defenses against this violation and they should be discussed with your attorney.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office PC 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 a phone call, text message, email, or website submission. Our team looks forward to taking on your case.

Fight a VTL § 1196-7(a) Ticket