Even a New York traffic lawyer can get confused as to how to calculate how many points a motorist has on his or her driver license. The rule is simple. A motorist is allowed up to 10 points within any 18-month period. Applying this rule to a motorist’s record who has a NY traffic ticket problem presents the challenge, however.
For DMV purposes, the first issue is when do the points start to run and when do they end. Points start to run from the date of offense and no longer count 18 months thereafter. For instance, let us assume a motorist is convicted on March 1, 2008, of a New York speeding ticket 71/50 (6 points) occurring on January 15, 2007. On March 1st, 2008 (the date of conviction), the Department of Motor Vehicles will assign 6 points to that driver’s license. Those 6 points will count retroactively back to January 15, 2007 (the date of offense) and will remain on that driver’s license until July 15, 2008, 18 months later.
The part that an experienced New York traffic attorney knows to do next is often missed by motorists. In particular, for the above example, to determine how many points the driver with January 15, 2007, New York speeding conviction now has, he or she will have to add up the total points from 18 months before the date of offense and 18 months after the date of the offense. The trick is that there are two 18-month periods which must be examined. That is, using January 15, 2007, date of offense in the above example, you need to count how many points were assigned to the driver between July 15, 2005 and January 15, 2007 (the first 18-month period) and how many points were assigned between January 15, 2007, and July 15, 2008 (the second 18-month period).
If during either 18-month period, the driver has more than 10 points, he or she is in jeopardy of being suspended for having too many points. Note, in this example, the second 18-month period has yet to be completed (i.e., it ends July 15, 2008) and any future tickets received on or before July 15, 2008, will be added to the total.
Another note, a driver with a New York traffic ticket point problem can take a driver safety class and consequently receive 4 points off his or her record. The points will only be deducted for points already assigned to the motorist’s record or for subsequent convictions for tickets which were issued prior to the date the motorist took the class.
Finally, the point calculation rules for insurance purposes are very different. For insurance purposes, points are measured from the date of conviction (not the date of offense) and will be used to determine whether to increase a motorist’s insurance rates for 36 months from the date of conviction.