New York Point System  - Law Office Of Gina M Wicik


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Understanding the New York Point System for Drivers

Did you know that in New York, traffic violations can lead to points being added to your driving record? Accumulating too many points can result in severe consequences, such as fines and even license suspension. Understanding the New York Point System, also known as the New York Driver Violation Point System, is crucial for every driver to avoid these penalties and maintain a clean driving record.

Understanding the New York Driver Violation Point System

The New York Driver Violation Point System is designed to penalize drivers for traffic violations by assigning points to their driving record. The Department of Motor Vehicles (DMV) is responsible for assigning points for traffic  convictions in New York. Points are calculated based on the violation points received during an 18 month period, counted from the dates when the violation occurred, not convictions. Points remain on a driving record until January 1st of the fourth year following conviction, affecting the driver violation point total.

Accumulating points in the New York Driver Violation Point System can lead to consequences such as fines and license suspension.

How Points are Assigned

Points are assigned according to the gravity of the traffic violation, such as disregarding a traffic control device (2 points). The New York State Department of Motor Vehicles (DMV) determines the amount of points assigned for each violation, and if a driver accumulates 11 points within an 18-month period, their driver’s license may be suspended.

For example, running a red light (3 points) results in a higher point value than disobeying a traffic control device (2 points). This system ensures that more severe violations carry a higher point value, effectively discouraging dangerous driving behaviors and promoting safe driving habits.

Consequences of Accumulating Points

Accruing 11 points within 18 months may result in license suspension, while 6 points or more result in Driver Responsibility Assessment fees. The Driver Responsibility Assessment fee is a fee that must be paid if you accrue six or more points on your New York State driving record within an 18 month period.

Common Traffic Violations and Their Points

Now that we have covered the basics of the New York Driver Violation Point System, let’s discuss some common traffic violations and their corresponding points. Some of the most frequent traffic violations in New York are:

·       Speeding (ranges from 3-11 point)

·       Using a cell phone or other electronic device while driving (5 points)

·       Disregarding a traffic sign (2 points)

·       Stop Sign (3 points)

·       Redlight (3 points)

·       Failure to yield the right of way (3 points)

Speeding Violations

Speeding violations in New York may incur 3 to 11 points on one’s driving record, depending on the severity of the violation. The point values for speeding violations vary depending on the amount of speed exceeded beyond the speed limit. For instance, 1 to 10 mph over the limit incurs 3 points, 11 to 20 mph over the limit incurs 4 points, and 21 to 30 mph over the limit incurs 6 points 31 to 40 is 8 points and 41 plus is 11 points.

It is important to note that both an 8 point and 11 point speed can result in a suspended license.

Electronic Device Usage

Using a cell phone or other electronic device while driving is not only dangerous, but can also incur a penalty of 5 points on one’s driving record. This includes activities such as texting, browsing the internet, or using a navigation app on your phone while driving.

To avoid accumulating points due to portable electronic device usage, it is essential for drivers to refrain from using their phones or other electronic devices while driving. Instead, consider using hands-free devices or pulling over to a safe location if you need to use your phone during your journey.

Child Safety Seat Violations

Child safety seat violations are taken very seriously in New York and can result in 3 points on one’s driving record. These violations include instances where a child is not properly restrained in a car seat or booster seat, as required by law.

Out-of-State Convictions and Their Impact on Your NY Driving Record

Out-of-state convictions refer to traffic violations that have been committed outside of the boundaries of New York State. It is essential to understand the impact of out-of-state convictions on one’s New York driving record to avoid any potential repercussions. Out-of-state convictions from Ontario and Quebec can have an impact on your New York driving record, with the same points being applied as if the violation had taken place in New York.

However, with the exception of Ontario and Quebec, no points are added to a New York State driver’s record in the event of an out-of-state traffic violation. Despite this, certain violations such as alcohol or drug-related moving violations and criminal offenses may lead to the revocation of a New York driver’s license.

Insurance Implications of the Point System

The point system can have a significant impact on your insurance premiums. Insurance companies may opt to raise premiums in accordance with one’s driving record and their own point systems. As a result, drivers with a history of traffic violations and a high number of points on their record may be considered high-risk drivers and face increased insurance rates.

The Point and Insurance Reduction Program (PIRP)

The Point and Insurance Reduction Program (PIRP) is a course that can help reduce points on your driving record and lower insurance premiums. Completing the PIRP course can reduce up to 4 points on your driving record and provide a 10% reduction in insurance premiums for 3 years.

How to Check and Manage Your Driving Points in New York

Checking and managing your driving points in New York can be done through the MyDMV service, which allows you to access your driving record and monitor your points. By regularly checking your driving abstract, you can ensure the accuracy of your driving record and take necessary steps to prevent points from accumulating.

Seeking Legal Assistance for Traffic Violations

In some cases, seeking legal assistance for traffic violations can be a crucial step in preventing points from accumulating on your driving record and avoiding additional fines or penalties. The Law Office of Gina M. Wicik can provide expert advice on how to contest traffic citations, negotiate with prosecutors to reduce charges (outside of NYC), and represent you in court.

Need help with Traffic Ticket Violations? Contact The Law Office of Gina M. Wicik for a free case evaluation at 516-253-4278.

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