Stay Orders

Counsel may seek a stay order upon the filing of a petition for review for drivers who are subject to suspensions, revocations or denials except administrative actions under § 302.500. When advising a client on whether or not to apply for a stay order it is important to analyze whether the driver could potentially have a longer suspension period if the petition for review is lost. This is because the driver will not receive credit for time served under the implied consent revocation when they are also suspended or revoked for points they were assessed from the criminal conviction.[1] This means that it is possible for the driver to serve a one year revocation for points with a conviction from the underlying criminal charge and a one year revocation for the refusal revocation, for a total of two years.

In addition, if the driver is already serving a suspension or revocation a stay order will toll the loss of driving privileges on the action that is being challenged even though the driver is suspended or revoked on another action. If the petition for review is ultimately lost the driver could potentially serve a longer suspension period than if the stay order was not applied for.