The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 14, 15 were read on this motion to/for DISMISS. Upon the foregoing documents, defendant New York State Department of Motor Vehicles (defendant or DMV) moves to dismiss the complaint pursuant to CPLR 3211 (a) subdivisions (2), (3)1, (7) and, in effect, (5).2 BACKGROUND I. Statutory Scheme In 2004, the New York State Vehicle and Traffic Laws were amended to include provisions for a Driver Responsibility Assessment (DRA), imposing a fee upon any motorist who accumulates six or more points on their driving record during an eighteen-month period (Vehicle and Traffic Law [VTL] §503 [4]; see L 2004, ch 59, part E).3 The fee is one-hundred dollars per year over a three-year period and an additional twenty-five dollars is assessed for each additional point on the driver’s record (VTL §503 [4] [b]). Subdivision (c) of this statute states: Upon receipt of evidence that a person is liable for the driver responsibility assessment required by this subdivision, the commissioner shall notify such person by first class mail to the address of such person on file with the department or at the current address provided by the United States postal service of the amount of such assessment, the time and manner of making required payments, and that failure to make payment shall result in the suspension of his or her driver’s license or privilege of obtaining a driver’s license (VTL §503 [4] [c]). Failure to pay the DRA fee results in automatic suspension of the driver’s license or privilege to obtain a license (i.e., privilege to lawfully drive in New York State [NYS] per VTL §250 [2]) and remains suspended until the DRA fee is paid in full (VTL §503 [4] [d]). II. Plaintiff Uchenna Ugo-Alum Plaintiff Ugo-Alum used to live in Queens County, New York and had a NYS driver’s license. That license was surrendered on or about March 16, 2009, when he moved to New Jersey (NJ) and obtained a NJ driver’s license. The complaint alleges that the “DMV was immediately notified of Plaintiff Ugo-Alum’s new NJ license, and corresponding address in that state, via information-exchange networks and databases that both DMV and its NJ counterpart access and update frequently” (NY St Cts Elec Filing [NYSCEF] Doc No. 1, complaint at 27). On December 9, 2015, Ugo-Alum received a six-point speeding ticket in Queens, New York. He plead guilty and paid a fine with the Traffic Violations Bureau (TVB). The speeding ticket had his NJ address, which the officer obtained from his NJ driver’s license. When paying the ticket online, Ugo-Alum was prompted to update or confirm his address, which he did. Because the 2015 speeding ticket was a six-point ticket, plaintiff’s license and driving privileges in NYS were automatically suspended under the DRA provisions. Plaintiff alleges he never received any notice as required by VTL §503 (4) (c). On November 9, 2018, plaintiff was stopped by a police officer for allegedly crossing over a hazard line and the complaint alleges as follows: After running his name through the system, the officer informed Plaintiff Ugo-Alum that his NYS driving privileges had been suspended, and that she had the authority to immediately impound his vehicle, but was declining to do so at that time. Instead, she issued two tickets: one for crossing over a hazard line, and the other for driving without a license (id. at 34). In November 2019, plaintiff eventually found out about the DRA and that the notice was sent to his old address in Queens. He promptly paid the fine (id. at
