JIM HUGHES - NY TRAFFIC TICKET LAWYER
JIM HUGHES - NY TRAFFIC TICKET LAWYER
POINTS FOR MOVING VIOLATIONS
Driver improvement points are specified in the law. The court has no option since the points are imposed by the DMV. A motorist may accumulate no more than 11 points in an 18 month period before DMV will take administrative action against the motorist’s license. DMV points can only be saved by pleading to a reduced charge which carries fewer points. An attorney is usually required for a negotiated plea.
Note: many insurance companies will increase a motorist’s automobile insurance premiums if they accumulate too many points for various violations such as speeding. A person who accumulates 6 points in 18 months will be charged an additional $100 fee per year for 3 years by the DMV, plus $25 for each point in excess of 6. Completion of the defensive driving school will remove up to 4 DMV points, but will have no effect on the driver improvement assessment.
MOVING VIOLATIONS POINTS
Speeding (mph over posted limit POINTS
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
More than 40 11
Cell phone use or texting 5
Reckless Driving 5
Failure to stop for a School Bus 5
Following too closely (tailgating) 4
Inadequate Brakes 4
(while driving employer's vehicle) 2
Failing to Yield Right-Of-Way 3
Railroad Crossing Violation 3
Improper Passing or Lane Use 3
Leaving scene of an incident involving
property damage or injury to an animal 3
Safety restraint violation in person under 16 3
Any other moving violation 2
The DMV computer system automatically calculates your point total as follows:
Point Total Example
You are convicted of a 3-point violation and the violation occurred on January 1, 2019. You are later convicted of a 4-point violation that occurred on July 1, 2020. Your point total includes the points from both violations, because they both occurred with a single 18-month period. Your point total is 7 points.
The Effect of Points
If your point total reaches 11 points or more based on the calculation described above, the DMV notifies you and suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.
Insurance Company Points and Out-of-State Violations
Insurance companies have point systems that are different from the DMV driver violation point system. The two point systems are not related. Contact your insurance company about their point system.
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