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S 8692

Relates to suspension of a license for failure to pay a fine for impaired driving violations

2025 Regular Session Introduced by Jeremy Cooney

The bill tightens suspension timing and notices for unpaid fines (including impaired driving), while allowing courts to reduce most fines except those for impaired driving.

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Bill Summary · S 8692

Summary of Bill S.8692 (2025-2026) – New York

Purpose

  • To modify the rules governing suspension of a driver’s license for failure to pay fines related to impaired driving violations.
  • Specifically addresses suspension procedures, notice requirements, and related discretion over fines.

Key Provisions and Changes

  • Suspension for failure to appear or pay fines (enhanced notice and timing):
    The bill updates the language around suspending a driver's license when a person fails to appear after an appearance ticket or fails to pay a fine (including fines imposed for impaired driving violations). Core elements include:

    • The commissioner (or their agent) may suspend the driver’s license or privileges pending court notice that the person has appeared, paid, or entered an installment plan, or has been acquitted/dismissed.
    • Suspension takes effect no less than 30 days after the initial notice is sent.
    • The commissioner must send at least two notices to the person, with the initial notice plus at least one additional notice, each sent at least 15 days apart, during the suspension lead-up period.
    • The suspension is subject to further procedures outlined in existing law (paragraph (j-l) of subdivision 2 of section 503 of the Vehicle and Traffic Law).

  • Judicial discretion to reduce or waive fines (except certain fines):
    The bill codifies a court/hearing officer’s discretion to reduce or waive fines, fees, or mandatory surcharges for violations of the Vehicle and Traffic Law and related local traffic rules, with an important qualification:

    • This discretionary reduction/waiver does not apply to fines and mandatory surcharges imposed for violations of section 1192 of the VEHICLE & TRAFFIC LAW (i.e., impaired driving or related sections), meaning those fines/surcharges remain non-waivable under this provision.

Who/What Is Affected

  • Drivers facing suspension for failure to appear or pay related to traffic violations, including impaired driving offenses.
  • Courts/hearing officers that may exercise discretionary authority to reduce or waive fines (except for certain impaired driving-related fines).
  • New York Department of Motor Vehicles (DMV)/Commissioner as the entity issuing suspensions and notices.

Procedural and Timeline Details

  • Suspension timing: Effective no less than 30 days after the initial notice from the commissioner.
  • Notice requirements: At least two notices must be sent, with the notices spaced at least 15 days apart, during the period before suspension becomes effective.
  • Notice content/improvements: Aligns with existing procedures for appearance tickets and fines; ensures that individuals have opportunities to respond (appear, pay, or arrange installment payments) before suspension takes effect.
  • Effective date: The act takes effect 30 days after becoming law.
  • Law changed: Amendments to the Vehicle and Traffic Law; references to amended subdivision headings and cross-references in sections related to suspension and fines.

Practical Impact

  • For individuals with unpaid fines or who fail to appear, the bill tightens the timeline and notification requirements for license suspension, potentially increasing predictability and due process in suspension actions.
  • Courts retain flexibility to ease financial burdens by waiving or reducing fines for most traffic violations, but not for the fines associated with impaired driving violations under subsection 1192.
  • Overall, the bill aims to balance enforcement (ensuring payment/appearance) with due process and potential relief for driver-financial hardship, while preserving critical penalties for impaired driving offenses.

Compiled from official sources — confirm details with the bill’s official record.

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