21 Jan GUIDE TO POINT SYSTEM – NYS VEHICLE AND TRAFFIC LAW
GUIDE TO POINT SYSTEM – NYS VEHICLE AND TRAFFIC LAW
Understanding the NYS Point System is essential if you receive a summons for a moving violation in New York State. As you can see below an accumulation of points can lead to suspension or revocation of your license (or privilege to drive) in New York State, penalty fees under the Driver’s Reconciliation Fee, increased insurance rates, payment of substantial fines and surcharges. So, it would be helpful to understand how this system works before you receive a summons.
Below is a table to assist you in understanding the penalties associated with various moving violations. The most common tickets are listed here, but others are listed on the DMV Website. I have identified moving violations that qualify as crimes. If you plead guilty (constitutes a conviction) to a DMV Violation that constitutes a crime, you will have a criminal record.
If you are convicted of DMV violation(s) that result in the accumulation of six (6) or more points in the eighteen-month window, you must pay the Driver’s Reconciliation Fee. The fee is $300 payable over a three-year period for six points. For each additional point accumulated, the fee is increased by $25 dollars. That fee is in addition to any fines, penalties, or surcharges you must pay.
So, for example, if you accumulate 8 points, the fee will be $350 payable over 3 years. If you accumulate 9 points, the fee will be $375 payable over 3 years.
The 18 (eighteen) month widow is measured from the date of violation, not from the date of conviction.
If you are convicted of 3 speeding tickets in the eighteen-month window, your license may be suspended or revoked.
Simply pleading guilty to a moving violation by mail can result in points on your license. Assuming your first ticket was less than 6 points, the second summons you receive can put you into a DMV penalty phase, therefore; some knowledge about the point system can help you avoid a penalty phase. As the points add up, the fines and surcharges add up; the Driver’s Reconciliation Fee can kick in; and your insurance rates may increase. You must know when the Revocation and Suspension phases are applicable. If, for example, you are convicted of speeding more than 40mph (11-point ticket) over the speed limit, you may face revocation or suspension of your license as well as the Driver Reconciliation Fee. Driving without insurance is mandatory revocation of your license to drive.
If you hold an out of state license, your privilege to drive in New York State will be revoked or suspended.
For those who hold a junior license, more stringent rules and penalties apply.
This information was extracted from the NYS DMV Website, but the format has been revised for easier understanding. If your moving violation is not listed on the DMV website, according to the DMV, it should be characterized as a two-point (2) summons. The information contained in this article is not intended to be legal advice. Legal advice should be obtained by consulting an attorney directly.
11 POINT TICKETS
Speeding more than 40 mph over the speed limit- VTL 1180(a) (Suspension or Revocation)
8 POINT TICKETS
Speeding 31 to 40 mph over the limit- 1180(a)
6 POINT TICKETS
Speeding 21 to 30 mph over the speed limit -VTL 1180(b) (Imposition of Driver’s Reconciliation Fee- 6 or more points in an 18-month period)
5 POINT TICKETS
Improper Cell Phone Use -1225(c)
Failure to Stop for a School Bus- VTL 1172
Reckless Driving – VTL 1212 –(Misdemeanor)
Texting While Driving – 1225 (d)
4 POINT TICKETS
Inadequate Brakes VTL 375(1) (Misdemeanor)
Inadequate Brakes- Motorcycle VTL 381(1a)
Following Too Closely (Tailgating) VTL 1129(a)
Speeding 11 to 20 mph over the speed limit- VTL 1180(a)
3 POINT TICKETS
Drove to Left on Hillcrest or Curve- VTL 1125(a)1
Drove Wrong Way on One Way Street- VTL 1127(a)
Failure to Keep Right- VTL 1120(a)
Failure to Stop at Stop Sign or Flashing Red Light- VTL 1174
Failure to Yield Right of Way at Intersection- VTL 1140
Failure to Yield Right of Way- Pedestrians -VTL 1143
Failure to Yield Right of Way- Oncoming Traffic- VTL 1141
Improper Lane Change- VTL 1122
Leaving the Scene of an Accident- VTL 600
Left Pavement to Pass on Right- VTL 1123(b)
Overtaking a Bicycle- VTL 1122(a)
Passed Green Arrow- VTL 1110(a)(1)
Passed Red Arrow- VTL 1111(a)(1)
Passed Red Light- VTL 1111(d)(1)
Safety Restraint Violation Person Under 16- VTL 1229(c)(2)
Speeding 1 to 10 mph over the speed limit- VTL 1180(a)
Unreasonable/Imprudent Speed- VTL 1180(a)
Unsafe Lane Change- VTL 1128(a)
Unsafe Passing- VTL 1124
2 POINT TICKETS
Connection Longer Than 16 Feet- VTL 375(29c)
Failure to Comply with a Lawful Order- VTL (1102)
Failure to Dim Headlights- VTL 375(3)
Failure to Obey Traffic Control Device- VTL 1110(a)
Failure to Signal Lane Change- VTL 1163
Improper Towing/More Than One Vehicle- VTL 375 (29a)
No Hands-on Wheel or Steering Device- VTL 1226
No Licensed Driver in Towed Vehicle- VTL (29d)
Uninsured Motorist- VTL 319