VIOLATIONS OF THE VEHICLE AND TRAFFIC LAW 

Even something as common as a speeding ticket can have serious consequences when not handled properly.  Ignoring a traffic ticket has the same effect as entering a plea of guilty to the charge.  Not paying a fine to a ticket will result in a suspension of a license.  This is called a "scoff."  Once you scoff, there are additional fees the DMV ill impose on top of late fees. 

If you are caught driving with a suspended license, you may be arrested.  Many people do not realize that driving with a suspended license in New York is a crime.  Depending on why your license was suspended and also depending on the number of suspensions on your license, you may be committing a misdemeanor or a felony.  Additionally, there are provisions of the law that may require you to serve mandatory jail time if you plead guilty to a suspended license charge.  For the law relating to suspended license charges, please refer to Vehicle and Traffic Law Section 511.     

In additions to fines, traffic violations may result in points being placed on your license.  Speeding violations result in points based on the amount by which you were exceeding the posted speed limit (the mph overages).  Please refer to the chart below, which lists  violations and point values.   Points are added only after a conviction of an offense and remain on your driving record for 18 months from the date of the violation.  However, the conviction itself will remain on your record for the year of conviction, plus the subsequent three years.

Having points on your license can have many consequences including paying high fees to the DMV, paying higher insurance premiums, and the suspension or revocation of your license.  Once you have eleven or more points on your license during an 18-month period, the DMV will suspend your driver's license.  The only recourse at this point is to request a hearing to demonstrate that someone else committed the violations using your identity.  There is no recourse for you to contest any other issues pertaining to your innocence of the charges. 

If you acquire six or more points on your license within an 18-month period, you will also be required to pay a High Risk Driver Assessment Fee.  The fee is $300 for the first 6 points and $25 for each additional point.   

A license suspension and a revocation sound like similar consequences but are in fact very different from each other.  A suspension is for a specified time period, after which the license will be reinstated once the imposed fees and suspension lift fee are paid.  A revocation is not for a specified period and paying the imposed fine(s) does not necessarily reinstate the license.  A revocation requires a person to reapply for a driver's license.

If a person's license is suspended, he or she may request the court to permit the issuance of a hardship license.  To obtain such a license, the person must demonstrate that the suspension will result in an "extreme hardship," meaning an inability to go to and from work or to and from school, if the driver is enrolled in a school, college or university.  This license only allows the driver to travel to and from work, school, or for medical or child care issues.     

THE NEW YORK POINT SYSTEM           

Speeding Tickets	Reckless Driving-5 points	Failure to yield right of way-3 points
No specified mph-3 points	Failure to stop for a school bus-5 points	Passenger safety violations (ex, seat belts)-3 points
1-10 mph over-3 points	Inadequate Brakes-4 points	Leaving the scene of an accident-3 points
11-20 mph over-4 points	Following too closely-4 points	Other moving violations-2 points
21-30 mph over-6 points	Improper passing/changing of lanes; Driving in the wrong direction; Driving to the left of center-3 points	Inadequate brakes on an employer's vehicle-2 points
31-40 mph over-8 points	Failure to obey a stop sign, traffic signal, or  yield sign-3 points
40+ mph over-11 points	Railroad crossing violation-3 points

 

Fines

• Driving without a license or without insurance*  $205
• Driving an unregistered vehicle  $130
• Driving with improper plates  $105
• Deficient Equipment  $70
• No inspection  $105
• Running a red light    
  • first offense  $13
  • second offense  $205
  • third offense  $396

Speeding

• 10 mph or less over the limit  $100
• 11-30 mph over the limit  $145
• 31 or more mph over the limit  $235

The following violations include a fine of $105.

• Improper Turn
• Failure to stop at a stop sign
• Improper U-Turn
• Driving the wrong way on a one way street
• Failure to signal
• Failure to yield to emergency vehicles
• Failure to yield
• Unattended vehicle
• Crossing a divided highway
• Crossing a double line
• Tailgating
• Not wearing a seatbelt
• Blocking an intersection
• Stopped on a roadway

In addition, if the offense is repeated within 18 months, the fine is doubled.

* Driving without insurance in New York will also carry with it a mandatory $750 civil penalty imposed by the DMV and a mandatory 1-year revocation of your license

Please be advised that the DMV points and fine criteria change frequently.  The above chart is for reference purposes only.  The most accurate and up to date fine and point information should be obtained directly from the New York State DMV website at www.nydmv.state.ny.us.