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New York State Vehicle Traffic Law Points System
A central component of New York traffic law is the points system. Officially known as the Driver Violation Point System, this program is designed to help the Department of Motor Vehicles identify drivers who may pose a higher risk than others. The DMV is responsible for assigning a specific number of points to certain traffic infractions, like speeding, running a red light, or using a cell phone while driving. If you receive 11 points during an 18-month period, the DMV has the option of suspending your driver’s license. This may have dramatic consequences for people who rely on a vehicle to get to work each day or to attend to family responsibilities. Yonnkers and White Plains traffic ticket lawyer Elisa Claro has counseled many motorists regarding the traffic point system and has walked them through its complex regulations.Understanding the New York State Vehicle Traffic Law Points System
To receive points on your driving record, you must first be convicted of violating a New York traffic law. The points will then be added to your record based on the date of the violation, rather than the date of the conviction. Then, the DMV will add up the total amount of points that you have accrued within the past 18 months to determine your score. Understanding the numbers of points that are often assigned to various common traffic violations is vital to gaining an idea of whether you may be in danger of having your license suspended.
For speeding tickets, the number of points added to your record depends on the number of miles over the speed limit that you were traveling. For violations reflecting speeding in the range of one to 10 miles per hour over the limit, three points will be assessed. By contrast, tickets for speeding in the range of 11 to 20 miles per hour over the limit will result in four points. Reckless driving infractions lead to five points, as well as failing to stop for a school bus. Improper cell phone use and texting while driving also result in five points per infraction.
As you can see from the number of points assigned to common driving infractions, it may only take a few tickets to reach 11 points during an 18-month period. Drivers need to understand the consequences that they may face if they reach 11 points during this period. First, if you receive six points or more during an 18-month period, you will be required to pay a Driver Responsibility Assessment Fee. If you receive 11 points, the DMV may send you a notice that your driving privilege has been suspended or revoked. If it is suspended, you will be prohibited from driving for a specified period of time.
The below table gives a detailed list of infraction and their assigned points:
Traffic and moving violations
Inadequate Brakes (misdemeanor)
Aggravated Unlicensed Operation – 3rd Degree (misdemeanor)
Operating White Registration Suspended/Revoked (misdemeanor)
Leaving the Scene of Property Damage Accident
Leaving the Scene of Personal Injury Accident Without Reporting
Failure to Obey Traffic Control Device
Passed Red Light
Following Too Closely (Tailgating)
Railroad Crossing Violation
Failure to Stop for a School Bus
Speeding- not reasonable and prudent
Speeding (M.P.H. over posted limit)
1 – 10 MPH → 3 POINTS
11 – 20 MPH → 4 POINTS
21-30 MPH → 6 POINTS
31-40 MPH → 8 POINTS
Over 40 MPH → 11
Reckless Driving (misdemeanor)
Improper Cell Phone Use
Use of Portable Electronic Devices (“texting)
Safety Restraint Violation Person Under 16
No Seat Belt/Driver
Understanding the points system and knowing how your driving privilege may be affected is critical to reducing the risk that you may face any sudden or unforeseen disruptions in your ability to drive. At The Claro Law Firm, we have assisted drivers in White Plains, Yonkers, New Rochelle, Mount Vernon, Peekskill, Rye and other communities with determining a sensible course of action. Westchester County traffic ticket attorney Elisa Claro offers a free traffic consultation to give you options and tell you how we can fight for your rights. Call us at 1-877-631-3539 or contact us online to schedule an appointment with a traffic ticket or license restoration lawyer.