Points for Common Infractions
THE DEPARTMENT OF MOTOR VEHICLE POINT SYSTEM
It is very important to hire an attorney who is fully familiar with the Department of Motor Vehicles (DMV) Point System so as to avoid losing your license unnecessarily. Points are added together for each ticket if the offenses occur on the same day from the same events. For example, if you are pulled over and charged with speeding over 35mph, failing to signal and going through a stop sign, that is 8 points for the speed, 2 points for the failure to signal and 3 points for the stop sign; which is a total of points 13. Keep in mind that a driver could lose his/her license if they get more than 11 points in an 18 month period.
THE POINT SYSTEM
New York uses the Point System to determine if a driver’s license or privileges should be suspended or revoked. While a single violation will not in most cases result in a suspension or revocation of one’s drivers license several violations over a short period of time can result in a suspension or revocation of ones’ license. Points are charged against your license from the date of the violation date and not the date of the conviction. Currently when you amass 7 to 10 points within 18 months you will receive a warning letter from the DMV When you receive 11 or more points in 18 months you will receive a notice from DMV summoning you to a hearing after which your license may be suspended or revoked.
Out of State Convictions
Out of state convictions do not count toward accumulating points. However, the privilege to drive in New York will be suspended if a driver fails to pay the fines for out of state tickets, other than fines for moving violations in Alaska, California, Michigan, Montana, Oregon and Wisconsin. A conviction of an out of state alcohol or drug related offense will result in an automatic 6 month revocation of New York driving privileges, but no points are assessed. Other than an out of state drug, alcohol, or fatality related conviction, the out of state conviction points are not added to your New York State driver’s record.
Recent Point Changes
No points are imposed for failure of an adult to use a seat belt. However, there is still a fine imposed for a conviction of the offense. Likewise, a conviction of driving while using a mobile phone carries a fine but does not result in points. A violation of improperly driving in a high occupancy vehicle lane (HOV) in Suffolk County between Exit 49 and Exit 57 on the LIE will result in 3 points.
As before, a driver is permitted to reduce the number of points accrued if a point reduction program (PIRP) is completed. Completion of this program will allow a driver a reduction of 4 points and a 10% reduction of the cost of liability and collision insurance for three years. A change in the law has now permitted a driver to take this course over the internet as an experimental pilot program.
The Driver Responsibility Program
Since 2004, a driver must pay, under certain circumstances, a Driver Responsibility Assessment, in addition to any fees, fines, penalties, surcharges or other assessments. This assessment must be paid to the Department of Motor Vehicles, to cover three years. The Department of Motor Vehicles will send a form to the driver requesting payment, and gives the option to pay the full assessment in the first year or two assessments in the second year.
The amount of the Driver Responsibility Assessment has been recently increased to $100 per year for the three year period and there is an additional fee of $25 for each point over six points that the driver has recorded at the time the assessment is imposed. The following applies per year for a three year period:
6 points within 18 months = $100
7 points within 18 months = $125
8 points within 18 months = $150
9 points within 18 months = $175
10 points within 18 months = $200
11 points within 18 months = $225
Alcohol related traffic violations (including boats & snowmobiles) = $250
Refusing a chemical test for alcohol = $250
Failure to pay a Driver Responsibility Assessment within 30 days will result in a suspension of the driver’s license until it is paid. The date of the offense is used to determine the start date of the 18 month period, not the conviction date.
Common Violations And Accompanying Points And Fines
Insurance Point Reduction Program
A driver can reduce the number of points on there license by up to 4 points and save 10% on your automobile liability insurance by attending a DMV approved accident prevention course. However, point reduction can not prevent a mandatory suspension or revocation.