Our traffic ticket law firm has been helping motorists navigate New York’s vehicle and traffic laws for well over 30 years. In that time, we have never seen such a titanic shift in the New York point system as those changes recently promulgated by DMV. Starting November 6, 2024, the DMV reassessed how the point system works, increased points for certain moving violations and tightened penalties for drivers with points.
DMV has said that the changes “bolster the ability to remove drivers who engage in risky behavior from New York roadways and make it more difficult for persistent violators to get back their driving privilege.” I agree, to an extent, that these ends will be met but only marginally and sadly, in my opinion, the primary reason behind these changes is for New York to grab more money from us. These changes will result in millions of dollars of revenue going to the state. Below I will breakdown the important changes.
Summary Chart of the DMV Point Changes (November 2024):
| Violation Type | New Points | Previous Points | Criminal Offense |
|---|---|---|---|
| DWI/DWAI/Drug-Related Offenses (VTL 1192) | 11 | None | Yes, except DWAI |
| Aggravated Unlicensed Operation (VTL 511[a]) | 11 | None | Yes |
| Facilitating Aggravated Unlicensed Operation (VTL 511-a) | 8 | 0 | No |
| Speeding in a Work Zone (regardless of speed) (VTL 1180[f]) | 8 | 3-11 | No |
| Passing Stopped School Bus (VTL 1174) | 8 | 5 | No |
| Operating a truck that is too tall and strikes a bridge or structure while going through, under or over. VTL 385 (2) and (14) | 8 | 0 | No |
| Leaving Scene of Personal Injury Accident (VTL 600) | 5 | 3 | Yes |
| Speed Contests or Races (VTL 1182) | 5 | None | Yes |
| Failure to Use Due Care | 5 | 2 | No |
Big Changes to NY’s Point System
The most substantial change is to how DMV’s stricter point system will work. No one wants any points on their license but previously they only counted against you for 18 months from the date of offense (even if the conviction occurs much later in time). Now, points for accumulation purposes will remain viable for 24 months from the date of offense.
Despite the extra 6 months, in most cases (exceptions below), motorists can still only accumulate 10 points before a possible suspension. It is not hard to predict that the expanded “look back” period will result in many more suspensions and the higher points will result in the payment of more Driver Responsibility Assessment Fees (DRAF). The longer points count against you, the greater the chance for them to be aggregated with other tickets. There is, thus, even a stronger case to fight any NY moving violation.
By the way, the Driver Safety Class that deducts up to 4 points from your total continues to only deduct for violations that occurred within 18 months of the class (not 24 months), and assessments of DRAFs are still only calculated for 18 months from the date of offense. VTL 503(4)(a).
Another big change is that certain violations that did not previously carry points will now have them.
- Alcohol & Drug-Related Convictions (DWI, DWAI, Aggravated DWI, and DWAI-Drugs) under Vehicle & Traffic Law (“VTL”) § 1192 will now come with 11 points (in addition to many other penalties).
- An Aggravated Unlicensed Operation (AUO) ticket will also carry 11 points under the new 2024 DMV rules. AUO is a misdemeanor in New York and occurs when someone drives when he or she knows or should know that his/her license or privilege to drive is suspended. Sometimes this occurs non-maliciously, such as when someone fails to update his or her address with DMV and, thus, fails to receive a court or DMV notice. Critically, these offenses did not previously carry points. The effect of this change is that now motorists will be subject to a $675 Driver Responsibility Assessment Fee if convicted of these charges. The DRAF will be higher for those motorists with other points within 18 months of an alcohol or drug-related driving conviction.
- Conviction to Facilitating Aggravated Unlicensed Operation (VTL § 511-a) and to Speed Contests or Races (VTL § 1182) will both carry 5 points in addition to the current fines and surcharges. Note the latter charge is also a misdemeanor. A DRAF is not triggered by convictions to these charges along as the DRAF only occurs at or above 6 points; but they now can be part of the accumulation of points towards the imposition of a DRAF.
DMV found a speck of grace in its new rules. For first-time offenses involving alcohol or drug-related driving convictions and AUO convictions, the points will not count toward the lookback period for purposes of your point total. They will only apply if the violation is repeated. In practice, this helps first AUO offenders from being suspended for too many points. It does not help those convicted of alcohol or drug-related driving as these offenses already carry suspensions or revocations. Further, first offenders will still have to pay the $750 DRAF that currently is imposed on those convicted of alcohol and drug-related driving offenses. An interesting question is whether a person with a second (or more) offense will have to pay both the $675 DRAF for the 11 points and the $750 DRAF for the drug/alcohol conviction? My strong feeling is “yes” despite it being unfairly duplicative.
Other NY moving violations have been assigned increased points. Passing a Stopped School Bus under VTL § 1174 has been increased from 5 to 8 points. Previously, a conviction for this offense did not alone carry a DRAF. Now a school bus violation will carry a $450 DRAF (assuming you have an otherwise clean record).
Similarly, Leaving the Scene of a Personal Injury Crash under VTL § 600, a misdemeanor, now carries 5 points (up from 3 points previously).
Finally, points for violating the Failure to Use Due Care statute under VTL § 1146 (an offense issued for failing to avoid colliding with any bicyclist, pedestrian, or domestic animal) has been raised from 2 points to 5 points.
The new rules also make it harder to get your license back following multiple alcohol or drug-related convictions. Currently, re-licensure is denied if a driver has 5 or more alcohol or drug-related driving convictions. The new rule lowers this threshold to 4 or more convictions.
New York drivers will be further burdened by these new rules, If a driver accumulates 4 to 6 points within a 24-month period, they will receive a warning letter from the DMV. Accumulating 7 to 10 points within that same period will result in mandatory attendance at a Driver Improvement Clinic. Drivers will need to attend a formal hearing to determine whether they are habitual or persistent violations and, if so, whether his or her license or privilege to drive should be suspended if he or she reaches any of the below thresholds. Failure to attend can result in a license suspension.
- Accumulation of 11+ points in a 24-month period (except for a single alcohol or drug-related incident). This is the same as under the prior law but with a longer lookback period.
- Accumulation of 9+ points from speeding violations specifically in a 24-month period. This is stricter than the prior law. Previously, you were allowed to accumulate up to 10 points from 2 speeding convictions without a formal hearing (14 points if you timely completed New York’s Driver Safety Class).
- Accumulation of 4+ additional points within 12 months after a prior formal hearing. This is a new rule to punish repeat offenders and actually seems reasonable to me.
The new regulations also state that a motorist may also be instructed to attend such a hearing if he or she is charged with three or more point violations within an unusually short period of time (regardless of how many points these violations carry). 15 NYCRR 131.4(d). This rule is particularly troubling and unclear. What is an “unusually short period of time” and why is a hearing being required from someone who has simply been “charged” with point violations? Whether and how this last mandate is implemented is unclear but, in my opinion, it may not actually be routinely enforced (given that DMV will be very busy with other hearings and the vague nature of the language).
Of course, you are welcome to read the actual language of the new DMV rules and regulations rather than relying upon our summary. New York’s revised point system regulation can be found at 15 NYCRR 131.3 and the revised regulation regarding administrative action against license holders can be found at 15 NYCRR 131.4.
The Bottom Line: The above changes mean the DMV is getting tougher on dangerous driving and motorists will be writing many more checks to DMV. Keep in mind that the new rules only apply to tickets issued on or after November 6, 2024. For earlier traffic tickets, the old rules still apply. It is critical that all drivers should be aware of these new rules so please share this article with your family and friends. Driver safe and feel free to call at 212-683-7373 or email us any time with any New York traffic ticket, point or suspension question! The consultation is always free.
