Typically, the more points you get, the better. However, the New York Department of Motor Vehicles issues points on your license for certain types of traffic violation convictions. And like golf, when it comes to your driving record, you want the least amount of points as possible.
New York Vehicle and Traffic Law section 1180 deals with speed limits and sets out the consequences imposed by a court upon a conviction. The fine that a court may assess is based on the specific traffic violation stated on the ticket, the ticketed speed, and the number of previous convictions.
Some of the most common violations under the DMV point system:
| Speeding (1 – 10 MPH over posted limit): | 3 points |
| Speeding (11 – 20 MPH over posted limit): | 4 points |
| Speeding (21 – 30 MPH over posted limit): | 6 points |
| Speeding (31 – 40 MPH over posted limit): | 8 points |
| Speeding (more than 40 MPH over posted limit): | 11 points |
| Reckless driving: | 5 points |
| Failing to stop for a school bus: | 5 points |
| Following too closely (tailgating): | 4 points |
| Inadequate brakes: | 4 points |
| Inadequate brakes while driving an employer’s vehicle: | 2 points |
| Failing to yield right-of-way: | 3 points |
| Violation involving a traffic signal, stop sign, or yield sign | 3 points |
| Railroad-crossing violation: | 3 points |
| Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: | 3 points |
| Leaving the scene of an incident involving property damage or injury to a domestic animal: | 3 points |
| Safety restraint violation involving a person under 16 years old: | 3 points |
| Texting while driving: | 5 points |
| Any other moving violation: | 2 points |
Unfortunately, the fines assessed by the points system are not the only costs that may be incurred for a traffic violation. Not only will you incur the fines assessed by the court, but the State of New York will also assess an additional surcharge, which is currently $85.00. Insurance companies also keep their own records and can increase your premium based on your driving record.
And last but not least, if you accumulate too many points, you’re out of the game altogether. For instance, if you accumulate 6 points in a period of 18 months you will be subject to the Driver Responsibility Assessment. This will burden you will an additional fine of $100 per year for 3 years. Each point that you accrue over 6 points is an additional $25 per year for 3 years. Alcohol- or drug-related traffic violations will cost $250 per year for 3 years. And if you collect 11 points for traffic convictions in a period of 18 months, the New York DMV may suspend or revoke your license.
When you work with The Law Office of John C. Nelson, not only can we help you fight your traffic citation, but we can also save you the time and hassle associated with a court appearance. As your legal counsel, we will attend the hearing on your behalf and work to obtain a deal with the court. While there are no guaranteed outcomes, your chance of protecting both your checkbook and your driving record increases greatly when you have a skilled legal advocate on your side.
Call John C. Nelson NOW if you have a moving violation and are thinking of just pleading guilty!