VTL 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 is almost always a guarantee that your license will be suspended at your arraignment. However, 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:
- Employment commitments
- Educational commitments
- Court ordered probation activities
- Treatment programs where physical attendance is required
- To and from the DMV in specific circumstances
- Medical treatment for you or a household member
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.
If you have been charged with VTL 1196-7, it is prudent that you contact a traffic lawyer. Your attorney can figure out the best defense to this charge and help ensure you do not lose your conditional license. The Benjamin Goldman Law Office handles such matters and will be glad to help with your case. Our firm handles cases across the state, from The Bronx to Tonawanda. Contact us at your convenience.