How Long Does A NY Traffic Ticket Stay On My Driving Record?

How long does a speeding ticket stay on your record? In this post, we will discuss how long accidents, traffic ticket convictions, and suspensions and revocations remain on a driver record.

  • A traffic ticket conviction or an accident normally remains on a standard driver record during the year that the conviction or the accident occurred, and for the following 5-6 calendar years.  It remains on your expanded record forever.
    (Note: The DMV uses the date when the offense occurred, not the date of conviction in calculating total points on your license within an 18-month period).

  • Please note that the above is different for how long points last.  Points on your record only count for DMV purposes for 18 months from the date of offense, and a conviction counts for insurance purposes for 36 months from the date of conviction. These two periods, of course, are different than the period of how long the conviction actually appears on your standard driving abstract.
  • A conviction that is alcohol-related or is for driving while impaired by drugs (for example, DWI or DWAI) can affect your for, at least, 10 years. If a driver is convicted of the same violation during that 10 years, the driver can receive additional penalties.
  • There are other convictions and accidents of a serious type that can remain on a standard driver record for more than 10 years.
  • A suspension or a revocation of a driver license that remains un-cleared can be found on a standard driver record indefinitely.
  • If the suspension is for a drug-related offense arising out of Penal Law section 220 or 221, the suspension remains on a standard driver record for 5-6 years from the date the suspension is terminated.
  • A suspension or a revocation that was cleared or terminated remains on a standard driver record for 5-6 years from the date the suspension or revocation was terminated. (Note: The DMV uses the year when the suspension or the revocation was cleared or terminated, not the year when the suspension or the revocation began.)

If you need a copy of your driving record, you can get it from DMV or we can obtain it for a small fee.

Did this answer your questions of how long do points stay on drivers license in NY? If you still have more questions related to how long a speeding ticket will stay on your record or how many points to suspend a license in NY? Contact our office today and let us help you with legal guidance. how long do points stay on drivers license in ny

 

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274 Comments. Leave new

  • When you get a NYCTRR 4-03(A)(1) how do you fight it?
    I was making a left turn from the turn lane on a green signal. Pedestrian crossing at intersection had walk signal but at time of turn was only on opposite (what would be my oncoming traffic if turned into) bike lane and not near the double solid yellow. I waited for oncoming traffic to pass and turned before the pedestrian got anywhere near the side of street turning into and was pulled over for failed to yield to pedestrian. The officer who wrote the ticket asked if I had any moving violations or tickets and I said no, he returned with a ticket not a warning. He stated “when a pedestrian enters the cross walk on the side you are turning that you must wait for them to full cross”. But the pedestrian was NOT on the side of the road I was turning to. Unless this officer meant the bike, in which case, bike cleared and was in the bike lane as oncoming traffic but he specifically stated pedestrian. I requested a hearing pleading not guilty and the hearing is 12/6/19!!! What do I do since we have Vision Zero and what not in NYC? I do not understand the law apparently… because there was no pedestrian crossing at the time I angled my car to turn and was waiting for a bike and car to pass from opposite direction.

    Reply
    • Reyna Machado,

      These cases can be quite subjective. The pedestrian should be reasonably nearby but officers will sometimes stretch the definition of “reasonable”. The law specifically states that a driver must yield “when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.” Because it will be your word against the officer’s, I doubt that you’ll win on this issue. With that said, I encourage you to try. Good luck!

      Matthew Weiss

      Reply
  • hey I received a ticket in March 2016 and pleaded guilty paying the failing stop at a stop sign in April of 2016. Will the ticket stay on my standard drivers abstract until April of 2019 or until January 2020

    Reply
    • Shawn Sampson,

      The conviction will appear in your standard driving abstract for roughly 5 years. However. the points no longer county and, for insurance purposes, the conviction will no longer count as of April 2019.

      Matthew Weiss

      Reply
  • I had gotten a failure to obey a traffic device summons in the Bronx in July of 2016. Basically for failing to obey a no left turn arrow sign. I hired a lawyer who said they were 99.9 % sure they could getvit dissmissed. After 3 postponements , the final hearing was last week and I received a 12 second voicemail from the lawyers office stating that I was found guilty and the $138.00 summons is due by November 13, 2018. And I checked my DMV profile and the 2 points were now on my license. My question is when will the points come off my license and when will this infraction cease to be used to jack up my insurance rates? If I understand your article correctly, the 2 points should already be off my dmv record because it’s over 18 months, but the 3 year mark for insurance purposes just commenced as of the date of guilt which was last Thursday.

    Reply
    • Francis,

      A conviction to a July 2016 offense, no longer counts for DMV purpose as of January 2018 and no longer counts for insurance purposes as of July 2019.

      Matthew Weiss

      Reply
      • But I was just found guilty of the offense last week? So do the above mentioned dates you just stated, still hold true?

        Reply
  • anton schneider
    August 25, 2018 12:17 pm

    As one of the most populous states in the union, New York processes many driving records. While errors do not run rampant, they do happen. When you receive your certified driving record in the mail, be sure to check it carefully for errors. Also, check that points against your license are accurately accrued. Mistakes on your driving record could affect your job and insurance rates. If you spot any mistakes, call the DMV to begin the process of correction. Once your record has been fixed, it’s a good idea to contact your insurance provider to make sure that their records reflect the correction as well.

    Reply
  • Hi,

    I recently received a ticket in Suffolk, NY for not moving over to the left lane, as I approached two cop cars who had their flashers on. Both cars were parked on the emergency stop side on the right.
    I slowed down by 15 miles below the speed limit, but didn’t change lanes. When I got pulled over, I told the female cop that I sincerely wasn’t aware of the law that required drivers to move to the left lane even while the cops are perfectly parked off the road (and I wasn’t).
    She then asked if I’ve had any suspensions or points on my license, and I responded non recently. She said she’d check only. But the “check” came back with a moving violation ticket, with no fines. I’m required to plead guilty or not. A plea of guilty to the charge would be equivalent to a conviction after trial (according to the info on the ticket).
    Is this a case worth pleading not guilty to?

    Reply
    • Matthew Weiss
      July 25, 2018 12:20 am

      Stephen O,

      You should plead not guilty as this is the only way to possibly obtain a more favorable outcome.

      BTW, ignorance of the law is not an excuse.

      Matthew Weiss

      Reply
  • In 1971 I plead guilty to driving while impaired – in Nassau County, N.Y. is there a statute of limitations – having problem with getting a bus operator job part-time Had back ground check and it still comes up

    Reply
    • Matthew Weiss
      July 10, 2018 9:19 am

      Phil,

      You are misunderstanding what “statute of limitations” means.

      A statue of limitations states that a case cannot be brought after a certain amount of time. You’re case was brought and completed.

      You pled guilty back in 1971 and this conviction, therefore, becomes part of your record. Your conviction occurred over 40 years ago so it seems very odd that this, alone, is why you are not getting a bus operator job.

      Matthew Weiss

      Reply
  • Hi I have a question I just got a ticket I was parked on the shoulder by an exit near the airport JFK along with several others and all of us got a ticket for disobeying a traffic device violation 1110A. I still don’t know what to do. I read they give you 2 points plus a 138 fine what are my ods if I plea not guilty? Do you have any advice in fighting this?

    Reply
    • Matthew Weiss
      July 8, 2018 10:15 pm

      Keith,

      Because you were parked (i.e. not moving), I would argue that the section of law charged is incorrect.

      Good luck!

      Matthew Weiss

      Reply
  • Hi,
    I received a traffic violation for driving through a safety zone. I was driving against a blinding sun trying to make a left turn on route 59 at the left arrow marker in the pavementin Rockland County. There was lots of oncoming traffic and I could not see well so I wound up driving through the safety zone and into the turning lane until the turning light where I felt I could make the turn safely by a turning light. How can I defend that in court? Also, isn’t a safety zone meant as a safe pedestrian walkway? In this case it was in middle of the highway.

    Reply
    • Matthew Weiss
      June 7, 2018 10:01 am

      Sara,

      Isn’t a safety zone meant as a safe pedestrian walkway?

      Below is the legal definition of “safety zone” contained in New York States’ VTL Section 141:

      The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

      This definition should answer your question.

      Matthew Weiss

      Reply
  • Hi i received a speeding ticket in a 11-30 zone. I was reported to have been 45mph in a 25mph zone. Am I able to plead not guilty for a lesser charge such as careless driving instead?

    Reply
  • Good afternoon,
    i received a ticket in August of last year for making a left turn from the middle lane. ( not on purpose, tried to prevent hitting the car that cut me off). My hearing was scheduled for today, but since I’m home sick from work I just went online and plead guilty and paid the fine.
    I saw that there are 2 pts now on my license is there anything i can do at a later date?
    Or do i just have to live with this for the next 3 years on my record?

    Thanks
    Kay

    PS I had originally pleaded not guilty and was going to fight it. Was not given an option to reschedule today.

    Reply
    • Matthew Weiss
      April 26, 2018 5:57 pm

      Kay,

      Given that you pled guilty, it’s likely too late to change it.

      You could appeal arguing that you did not understand the consequences of your guilty plea (assuming that this is true) but this still may not be enough to get your guilty conviction overturned.

      Matthew Weiss

      Reply
  • I live in western Canada. I paid a $200 NY speeding ticket in November 2007.

    Because I paid that ticket, I received, in 2009 and 2010, notices in the mail for a NY driver responsibility assessment for 3 years, that would cost 3 x $300. I never responded to either driver responsibility assessment letter.

    In 2014, I moved to a new address; I don’t know if they’ve tried to mail to me after that.

    My drivers licence in my own province has remained clean, so NY never communicated with my province.

    My understanding is if I had been pulled over in NY state or had my licence run at a border location, I would’ve been arrested.

    I have not driven in NY state since 2007. I want to rent a car in NY state again.

    Is anything outstanding now?

    I would order a NY state drivers abstract, but I would need to provide the state my new mailing address and I’m not sure that’s a good idea.

    (system thinks is a duplicate post… but the original doesn’t appear.)

    Reply
    • Matthew Weiss
      April 6, 2018 5:11 pm

      Jerry,

      As best that I can tell from the limited information provided is that you still owe a Driver Assessment Fee.

      Matthew Weiss

      Reply
  • My sister had an undiagnosed brain tumor. When driving she passed out due to the tumor and caused a noninjury accident. She was transported to the hospital and called “dead.” Upon revival they found the tumor. She was issued three tickets for the accident, 4 points each. At the court date, the DA offered 2 points each. She took the deal in a state of shock. Aside from the mistake of not taking this to trial, is there anything she can do about the record of these ludicrous ly issued tickets?

    Reply
    • Matthew Weiss
      March 22, 2018 1:19 am

      David,

      Horrible story. So sorry to read it.

      With that said, she apparently accepted the deal freely and, therefore, is bound by it.

      Matthew Weiss

      Reply
  • Hi, I have a question about a prior speeding ticket. I was ticketed and plead guilty to going 14 MPH over the speed limit in March 2014. I’d like to know when this will no longer appear on my record specifically when potential employers request a copy of your driving record and a requirement for the job is to have a clean driving record.

    Reply
    • Nicole,

      Convictions are permanently part of your driving record (your record is your record).

      However, it is rare for employers to run Expanded Driving Records (one that show your entire record). Rather, they run records which only go back 5-6 years. So you have until 2019 to 2020 until your March 2014 drops off your “regular” driving record.

      Matthew Weiss

      Reply
  • Hey there, I’m a Canadian from Quebec I received a speeding ticket on the highway way back in 2005 state trooper gave me a yellow paper with no amount due. I disregarded it stupidly. Its been 13 years how do I find out if I have a suspended license in that state? Would I have trouble driving across the NY border? Is there a statute of limitation?

    Reply
    • Matthew Weiss
      January 26, 2018 7:26 am

      Steve,

      You are most very likely suspended. You can visit a DMV office in NY to obtain your driving record, or call us at 212-683-7373 and we can help you get the details on the suspension and even help you clear it.

      Matthew Weiss

      Reply
  • Hi! Thank you for your articles here. I have an unusual circumstance. While driving one evening I was issued a “Dirty License Plate” ticket. I plead not guilty requesting a dismissal after heavy research and learning that there was nothing wrong with my license plate.

    I received a note from the judge that dismissed the ticket but informed me that the “Dirty License Plate” was a roadside reduction for a 20mph over limit speeding and running a stop sign. I honestly had NO idea those were the initial charges. I wouldn’t have fought such a generous reduction. From our ADA’s paperwork I have the option of a traffic diversion (would only work if I filed 1 ticket and held the other b/c I cannot have any moving violations; probably the speeding) -OR- a reduction but that is only for one ticket as well.

    I’m a bit stumped. Its crappy that I didn’t know the initial ticket was a reduction-how is that even legal??? Its worse that there wasn’t a back and forth of some sort (I was encouraged to filed via mail). How can I end up with two worse tickets and MAJOR fines. Do I have other options that I am unaware of? This just seems wrong.

    Reply
    • Matthew Weiss
      January 8, 2018 10:30 pm

      Amanda,

      This is quite unfortunate but I do not understand how you did not know that you were given a roadside “break” already. Surely, the officer told you why you were stopped.

      In any event, if the court will not let you call a “do over”, then your options are limited.

      Matthew Weiss

      Reply
  • Mr. Weiss,

    A speeding ticket violation date 2/25/16 and 6 points. Will those points still be active currently? Everytime I log on to the DMV website all points are still there even though I took the defensive course. My driver’s abstract does show my completion course date. I also have another 2 points from a violation 1/07/16.

    Thank you.

    Reply
    • Matthew Weiss
      December 1, 2017 7:34 am

      Ariel,

      It can take 1 to 2 months before the Driver Safety Class appears on your driving record. The 2/25/16 conviction will appear in your driving record for about 5-6 years (permanently on an “expanded” record) but the points from such a conviction will no longer counted as of 8/15/17 for other convictions occurred after that date.

      Matthew Weiss

      Reply
  • I jumped a red signal and I was issued a ticket as Passing Red Signal. I have a clean driving record. I was about to cross in Yellow and the light turned red and I did not want to stop with a jerk and so I passed the red signal. I would like to know how long would it stay in my driving history and what could be the fine expected?

    Reply
    • Jake,

      If you are convicted of this charge, it will be part of your permanent driving record. After 5-6 years it will no longer appear on a driving abstract, however (unless you obtain an “expanded” driving abstract). The fine for disobeying a red light is roughly $250.

      Matthew Weiss

      Reply
  • My license was suspended for FLD answer summons . I have since paid and cleared the suspension . My abstract says : “the Date Cleared and Rescheduled ” is this considered a Clean Drivers license as of now? I have no other points or tickets.

    Reply
    • Matthew Weiss
      November 9, 2017 7:38 pm

      Anne T,

      A cleared suspension can negatively impact your insurance rates for 36 months from the date of the clearance. However, a clear suspension carries 0 points.

      Matthew Weiss

      Reply
  • Hi Matthew,

    I got my first speeding ticket on 07/23/2015 (6 points) I’ve been postponing this ticket hoping the cop won’t show up. Now my next court date is 12/27/17. Thinking to postpone again if they let me, but Its been more than 2 years since then. If I am guilty this December will I get 6 points off?

    I’ve read in your article ‘Points on your record only count for DMV purposes for 18 months from the date of offense” Since my date of offense was in 2015, am I in the clear with DMV? or I have to be guilty first, then after 18 months I can get my 6 points off.

    I only care because i have 2 more TVB tickets I’ve been postponing as well. One cellphone (5 points) date of violation 10/18/2016 and disobeying a traffic (2 points) 08/12/2017. Court dates are next year if im found guilty all the points will pile up and ill be suspended. What are your thoughts?

    Maria

    Reply
    • Matthew Weiss
      November 1, 2017 9:15 pm

      Maria,

      1. Speeding ticket (6 points) 07/23/2015
      2. One cellphone (5 points) 10/18/2016
      3. Disobeying a traffic (2 points) 08/12/2017

      Based on the above dates of offenses, you potentially will have 11 points if you lose 1 and 2. If you lose 2 and 3, then you’ll have 7 points. Either combination will result in you owing a Driver Assessment Fee ($675 and $375, respectively). Further, with 11 points, you can be suspended. You should therefore take the NYS Driver Safety Class before you lose 1 and/or 2.

      It does not matter how long passes until you lose these three. If you lose them all, then those are you consequences. In other words, the above applies REGARDLESS of when you lose these tickets.

      Matthew Weiss

      Reply
  • Hi Matthew, I was given a ticket for an Improper turn for which I did not do and do not deserve. At my hearing, I contradicted the officer’s account by saying I was in the left-lane, signaling left-turn, and making a left-turn while the light was green. The officer incorrectly claimed that I was in the right-lane. This was never explained to me when the officer issued the ticket to me. At my hearing, I was adjudicated guilty (without clear explanation) but I want to appeal because I did nothing wrong. I’m being fined and penalized when I followed the law and did everything properly and legally. How can I handle my appeal since this is a ‘he said, he said’ case?

    Reply
    • Matthew Weiss
      October 29, 2017 4:33 pm

      Ed,

      You can file an appeal. Here is a link that explains the process and the form.

      With that said, I seriously doubt that you’ll win. Your essentially saying that you’re testimony should have been believed over the police officer’s and a traffic appellate judge will not overturn on this basis alone.

      Matthew Weiss

      Reply
      • Thanks for your reply. It’s a terrible and unfortunate situation to be at the wrong place, at the wrong time and with the wrong officer. I know exactly what I did, even taking a few extra seconds of time to check that I was making a proper turn. Truly an unjust travesty for an innocent person to be fined and penalized with little to no options for recourse. Apologies for the rant. I will appeal and try for an approach to say the officer’s line-of-sight from the far side of the intersection was obstructed by the turning bus that was in front of me. I’ll include a picture of the busy intersection (FDR north bound exit at 21st.) and mark the positions. What have I got to lose, right?! Thanks, Matthew.

        Reply
  • I just got two tickets simultaneously for improper left turn and red light. I will be relocating to Georgia soon before I get the court date. I heard that Georgia is not part of the Driver’s license compact and the drivers records won’t be shared with other states. Would that be true with these tickets when I transfer my license from NY to Georgia?
    Thank you.

    Reply
    • Coco,

      You got bad information. Points from a New York conviction WILL transfer to your Georgia license. The Georgia DMV will assess the amount of points that would have been assessed if the violation occurred in Georgia. The one exception is for a New York speeding ticket of 1-14 mph over the limit. These low speeding tickets do not carry points in Georgia and, therefore, will not transfer.

      Matthew Weiss

      Reply
  • Hi Mathew,

    Thank you for the detailed post. I’m still a bit confused about the 36 month period. I received a OP MV Portable Electronic Device yesterday, 09/08/17. I am trying to minimize the amount of time this stays on my record so as to mitigate potential impact on insurance. If I were to plead guilty now, would my record be clear of this violation by January 1st, 2021? However, if I contest it and take it to court, possibly having a court date well into 2018, would my conviction then lead to this violation appearing until January 1st, 2022? If this is the case and I’m understanding the logic of the DMV rule, would it make more sense to plead guilty now so as to avoid essentially an extra 12 months of this violation being on my record? I used the GPS on my phone, so I’m fairly certain I’m going to get convicted regardless of pleading now or appearing before a court. One final thought: this is my first violation in 7 years. Would you expect to see a hefty insurance increase as a result of this?

    Thank you!

    Reply
    • As this post clearly states, for insurance purposes, a conviction can be used against you for 36 months from the date of conviction. The date of offense is irrelevant for insurance purposes.

      In any event, given your otherwise clean record, this ticket alone cannot by law result in your insurance rates going up.

      Matthew Weiss

      Reply
  • I got 7 points last month for 2 different tickets and I have another hearing next January for a 6 points speeding ticket that I took in January 2016 my question is if I found guilty of this ticket will my license be suspended

    Reply
    • Sameh,

      You lose the open 6-point speeding ticket, then you could be suspended. I recommend that you take the NYS Driver Safety Class ASAP. This class deducts up to 4 points from your total.

      Matthew Weiss

      Reply
  • First of all I want to say thanks for all the information.

    I received 2 tickets within 6 days, those are my only violations in 10 years driving.
    Speeding ticket on 8/1/15 conviction 8/16/17 4 points
    Red light on 8/7/15 conviction on 1/11/17
    I have to pay a responsibility assessment of $375!!! Ouch plus 200ish per each ticket. One paid already on january.

    My question is, are those 7 points still on my record? Its been roughly 24 months since the date of the violations.
    Since convictions entered on 2017, does that mean that insurance will see this until jan 1st of 2020?
    Thanks
    Angel

    Reply
    • Matthew Weiss
      August 22, 2017 10:34 pm

      Angel,

      The 8/1/15 and 8/7/15 convictions are more than 18 months old so, therefore, these points no longer count going forward for DMV point purposes. However, for insurance purposes, then convictions will remain on your record for 36 months from the date of each conviction.

      Matthew Weiss

      Reply
  • On 08/06/2015 I received a violation for OP MV while using portable electric device- On 09/02/16 I was found guilty , resulted in 5 points. its now 2 years since I received the violation. Are these points still on my driving record?
    Please advise.

    Reply
    • Matthew Weiss
      August 20, 2017 5:06 pm

      Darrah,

      Going forward, the 8/6/15 points do not count as they are more than 18 months old.

      Matthew Weiss

      Reply
  • I’m trying to drive for NJ transit as a bus driver I haven’t been suspend in over a year but I do have 2 failure to appear in court on my driver abstract and my license got suspend for the my car insurance company reported to motor vehicle that I drop my insurance that’s also on my abstract but I have no points is this considered a bad abstract help please

    Reply
    • Matthew Weiss
      August 14, 2017 12:16 am

      Karen,

      Any abstract with suspensions is a bad one. It means you cannot legally drive. Can’t get worse than that.

      Matthew Weiss

      Reply
  • Hi Matthew,

    I’m still confused about how the points are considered. If I got a 5 point ticket in 2013 but it was sitting in the courts until now so the conviction only happened in 2017. Will I now have to wait the 36 months for these points to clear up or they are given retroactively so I have nothing to be concerned about now?

    Thank you

    Reply
    • Matthew Weiss
      August 3, 2017 1:41 pm

      Adina,

      For DMV purposes, if you are convicted in 2017 of a 5-point moving violation that occurred in 2013, then those 5 points are added retroactively to your record as of the 2013 date you got this ticket. Because your conviction occurred in 2017, those points no longer count for violations occurring more than 18 months later.

      Further, points last for only 18 months. The 36 months refers to how long a ticket can affect your insurance rate (a different inquiry).

      You may also want to re-read my article which clearly explains how the points work.

      Matthew Weiss

      Reply
  • Question I need help with??. the last time I went to court the judge said if they don’t have a certine type of paper they requested they will lost jurisdiction over all of my tickets it’s been about 3-4 yrs.. does that mean I can get my license back?

    Reply
    • Matthew Weiss
      July 31, 2017 9:52 am

      Jake,

      I couldn’t answer this question with the limited information that you provided. Sorry.

      Matthew Weiss

      Reply
  • Hey Matthew,

    I thank whichever God/Higher power that made this universe for your website and how informative it is. That being said, i was convicted for two tickets the year of 2014
    – Improper turn = 2 points
    – Speeding = 4 points
    Totalling to 6 points, its now 2017 and i am hopeful that these points will be gone by January, 1 of 2018 after reading your blog. I also had a suspension the year of 2014, was cleared a few months later on May/2014, will that be coming off my abstract as well? Its hard trying to get driving jobs with my drivers abstract looking this way. Any help is greatly appreciated. Thank you!

    Reply
    • Matthew Weiss
      July 26, 2017 1:03 am

      Leo,

      Thanks for your kind remarks. Your two convictions and past suspension will likely no longer appear on your driving record after roughly 5-6 years from the conviction dates.

      Matthew Weiss

      Reply
  • Hey I received a speeding ticket of 99mph in a 50mph in Staten Island ny, currently I have a clean record with zero points. Will my license get suspended with 11 points?

    Thank you

    Reply
    • Matthew Weiss
      July 19, 2017 11:09 pm

      Leroy,

      In Staten Island, there is a strong likelihood that you will be suspended for this ticket (regardless of whether you plead guilty, or fight it and lose).

      Matthew Weiss

      Reply
      • Thanks for your quick reply, how long are the suspensions typically? And also do they let you get a restricted license ? Thanks again

        Reply
  • Joseph Scianablo
    July 12, 2017 12:27 pm

    I haven’t had my license for 8 years. Ny driver improvement said I need to get some of the tickets removed from my abstract said to get a foil request. I need help can you email me or contact me asap. To try and get this resolved..

    Reply
    • Matthew Weiss
      July 13, 2017 12:05 am

      Joseph Scianablo,

      Our contact info is below. Ask for Giselle or LeAnne.

      Weiss & Associates, PC
      212-683-7373

      Reply
  • Matthew , you’re responses to this thread of comments have been very informative. I was hoping to get your take on the following situation. In march 2016 i received a speeding ticket for going 42 in a 25 zone (4 potential points in convicted). In May 2017 i received a ticket for an illegal right turn (2 potential points). In July 2017, I received a ticket for going 61 in a 40 zone (potentially 6 points). None have become convictions yet and my court date for the march 2016 ticket is in October of 2017 (court dates for the other 2 are in 2018), which will be more than 18 months after the offense. I have no other or prior moving violations that generated any points in 15 years of prior driving.
    If I am unsuccessful in fighting this ticket, will the points be on my DMV record, as 18 months will have passed from date of offense?
    As the earliest date for a possible conviction on any of these offenses is more than 18 months after the first offense, if I am convicted for all 3, is there a chance of having my license suspended or will enough time have elapsed from the offense dates to avoid that?
    Finally, I was advised by my insurer to take a defensive driving course to reduce points and insurance premiums. Does it make sense to wait to see if i am convicted on any of my pending citations first as i currently have no points to reduce on my DMV record?
    Again thanks for all of your help and info!

    Reply
    • Matthew Weiss
      July 13, 2017 12:10 am

      Dave,

      Answers in bold below:

      If I am unsuccessful in fighting this ticket, will the points be on my DMV record, as 18 months will have passed from date of offense? Yes, if you are convicted (even more than 18 months from the date of offense), you will get the points. These points will be placed on your record retroactive to the date of offense. Then DMV will measure how many points you had within 18 months of that date of offense.

      As the earliest date for a possible conviction on any of these offenses is more than 18 months after the first offense, if I am convicted for all 3, is there a chance of having my license suspended or will enough time have elapsed from the offense dates to avoid that? You could still be suspended for too many points if you lose all of these tickets. As I wrote above, delaying your case does not make the points disappear. If and when you lose, they are added retroactively to your record and appropriate penalties are assessed.

      Does it make sense to wait to see if i am convicted on any of my pending citations first as i currently have no points to reduce on my DMV record? Yes, wait until you lose the 4- or 6-point speed. Then take the class.

      Good luck!

      Matthew Weiss

      Reply
  • I’ve read that regardless of points received and over whatever time period is removed, the driving infraction itself remains on your driving record for 75 years. Is this true?

    Reply
    • Matthew Weiss
      July 10, 2017 9:44 pm

      Concern,

      Your record is permeant that is why it’s call a “record”. With that said, after 5-6 years, convictions no longer appear as entries on your driving record.

      Matthew Weiss

      Reply
      • Thank you, Matthew.

        So to be clear – the conviction will be removed over time, but the citation of the infraction committed always remains (ie the record) in print somewhere?

        Reply
        • Matthew Weiss
          July 12, 2017 12:38 am

          Concern,

          The conviction will no longer appear after 5-6 years from the date of conviction but, as your write, he infraction committed always remains (ie the record).

          Matthew Weiss

          Reply
  • Hello I am applying for a job and on my abstract it says conviction: speed in zone, violation: 12/14/2013, convicted on: 3/7/2014, points: 6. When do these points come off my abstract?

    Reply
  • I recieved a speeding ticket roughly 6 months ago. Gave it to my lawyer when it happened. Got a note 5 months later in the mail from the town it was from saying they were going to suspend my license if not taken care of. Called my lawyer, he said it will be taken care of. It will not be suspended.

    Called the DMV today on an irrelevant case, she notified my license was suspended. I called up my lawyer and he said he has the deposition so just show that to police and when it goes through the courts it will be reinstated.

    Now this suspension is going to be on my abstract for future employers ( I have my CDL) is he held liable, or is there anyway to get this off my abstract?

    Reply
    • Chris214,

      In my experience, you cannot get a suspension removed from your driving record (unless it was imposed by mistake).

      So sorry to hear about this unfortunate situation.

      Matthew Weiss

      Reply
  • I have a ticket for driving to the left of the pave-mark in brooklyn from July 2014. My court date was postponed till next week what is the best way go in taking care of this??

    Reply
    • Barry,

      You should appear in fight the case. I cannot possibly tell you how to defend this case as I have no information about your case. With that said, your best bet is the listen carefully to the officer’s testimony and, if any, point out to the judge any errors, omissions or inconsistencies.

      Good luck!

      Matthew Weiss

      Reply
  • I have a conviction for speeding from 2010 that is still on my record in July 2016 (no alcohol involved). Why is that if it should only appear for 4 years?

    Reply
    • DriverQ,

      My post says that convictions generally remain visible on your driving record for 5 years (not 4). However, in some instances (like yours apparently) they remain longer.

      Matthew Weiss

      Reply
  • Sorry, do you mean an additional 5 years (I.e. After around ten years the convictions go away entirely) or do you mean roughly 5 years from the date of the conviction?

    Reply
  • Jose Guzman
    July 15, 2016 4:10 pm

    I WAS GIVEN 5 PTS RECENTLY. I TOOK A DEFENSIVE COURSE AND 4 POINTS WERE TAKEN OFF. HOW DO I GET RID OF THE 5TH POINT? CAN I TAKE ANOTHER DEFENSIVE COURSE?

    Reply
    • Jose Guzman,

      You cannot get rid of the 5th point. You need to wait until it is 18 months old and then it drops off. You measure its age from the date o offense.

      Matthew Weiss

      Reply
  • If I receive ‘minor’ traffic violation conviction(s) > 4 years ago (i.e. failure to stop at stop sign or improper lane change, nothing serious like DWI) which should have fallen off my “record” for both DMV and insurance purposes by now, then is it safe to say I have a “Clean” driving record to whomever may ask (officer, prosecutor, wife :-))?

    Or when courts/prosecutors pull your driving record (and/or an officer pulls you over), are they looking at your “lifetime” record which it sounds like will contain any & all convictions for as long as you live, in which case my driving record will technically never be “clean” in anyone’s eyes?

    Reply
    • George,

      Your record is technically devoid of points for DMV and insurance purposes. However, the conviction will still appear on your record for roughly 5 years.

      Matthew Weiss

      Reply
  • I have a ? Can someone answer me please i am trying to find out something my lawyer went to court yesterday and this is what Happen they droped 2 out of 5 tickets so one speeding got dropped down to parking the other one turn into 6 the last one was 8pts so all togather I had 14 I have taken defensive driving and 4 pt come off and I will be out 10 will I be ok or will will be lapping my lic please I am worried and need to known

    Reply
    • Joseph,

      Because, with a 4-point reduction for the class, you’ll have a total of 10 points, you should not be suspended. This assumes that you do not have 3 speeding convictions within 18 months, weren’t on probation or had a restricted driver’s license.

      Matthew Weiss

      Reply
  • Thanks Matthew. I misspoke, the question says what I noted above but says “other offenses and violations including dui and dwi “. Hopefully this doesn’t change your analysis regarding the disobeyed traffic device non inclusive but I wanted to verify.

    Reply
  • Thanks for answering my question Matthew. As a follow-up to my original question, if the inquiry on these applications ask about convictions or pleading guilty any crimes and also say that crimes include misdemeanors, felonies and other offenses and violations like DUI and DWI (specifally called out), would a disobeyed traffic signal (which to me seems different) fall into that or not likely?

    Reply
    • Michelle,

      Because the language you post states “and other offenses and violations

        like DUI and DWI

      “, my opinion is that a disobey traffic device is not the type of violation they are inquiring about. It seems that the inquiry is limited to violations involving drinking and driving. Further, the term “violation” is a broach term. I doubt that they are looking for ANY violation ever committed by you (which would include parking violations).

      Good luck!

      Matthew Weiss

      Reply
  • Hi Matthew. I got a speeding ticket in westchester in 2013. I plead not guilty and went to court in 2014 and accepted the lesser violation of disobeyed traffic device for 2 points and a $150 fine. I didn’t realize it would say “conviction” on my abstract (which seems criminal); and to date it’s still on there. Isn’t this a non-criminal/penal offense? I have job applications which ask about misdemeanor and felony convictions and other offenses like DUI. To me those are all criminal but I didn’t think I had to spell this offense out due to it being basically a minor traffic violation. Wanted your thoughts. I did end up answering no to the question and followed up with HR who said it was fine and thanks for letting them know, but again concerned with the whole “conviction” language on my abstract. Does that mean I have a criminal record now? Thanks!

    Reply
    • Michelle,

      You’re fine. A disobeyed traffic device is a violation, not a crime. Therefore, a “conviction” to this charge does not give you a criminal record.

      Matthew Weiss

      Reply
  • Hi Mathew my husband got 3 tickets today on the way of our vacation in Rochester we are from Brooklyn ny one was speeding ticket he was going 78 mph instead of 65 and the other one was because my 5 year old who was seating all the way in the back of our minivan came out of booster and belted herself on the regular seat and the last one that officer gave him was because my 9 year old started to throw up when her dad said he saw the police signal and she released only her hand from the seat belt In order to throw up in the bag I tried to explain and show it to officer but he didn’t care how many points you think he got never had a point before the officer gave us a date for court for the end of next month but in Rochester which is about 4 hour away from us what do you suggest I am very nervous about it
    I appreciate your response and advice
    Thank you
    Alice

    Reply
    • Alice,

      Your husband needs to fight these tickets as they carry 10 points total which is lot and they subject him to a $600 Driver Assessment Fee.

      If you do not want to drive the 4 hours to Rochester, then you can retain an experienced NY traffic ticket lawyer to appear for him.

      Matthew Weiss

      Reply
  • If a person had gotten several moving violations over 20 years ago and never had a chance to resolve it how would they begin the process.

    Reply
  • I was given a false ticket for an improper right turn . The ticket was issued in Sept: 9 th of 2014 .
    I , however, have been fighting it since I believe I did nothing wrong!
    The signal for right turn and an arrow going straight came on with in a few seconds of each other and I was under the impression that one could either go straight or turn right. I only turned right because an 18 wheeler was blocking the entire 60 th St loafing or unloading merchandise for Bloomies!
    What’s worse is the fact that these street signs have since been redone . Now only two lanes exist , one to turn right and the other to go straight .
    I received a restricted Lic. because the State of NY feels I owe them money for past years , ten years old, !
    What can a disabled person do since all the Dr.s and pharmacy along with the therapist all work out of down town NY locations .
    Please advise ! I can’t live without my healthcare .
    Are there any options for someone like me ?

    Reply
    • Arham Khan,

      If you received this improper right turn ticket while using a Restricted License, then you need to win it. Otherwise you can lose your Restricted License privileges. Given the seriousness of losing, you should probably consult with an experienced NY traffic ticket lawyer to help you. Beating any traffic ticket in NYC is very hard because they do not plea bargain.

      Good luck!

      Matthew Weiss

      Reply
  • Hello Matt
    Please advise. I am completely confused. Points, convictions, abstracts?
    I received a DUI violation dated 11/30/13 conviction dated 3/4/14. Does this carry points?
    Also a speeding ticket 12/2013 for 85 in a 55, believe 6 points. Which is still open and am trying to pay in order to get my license back. How does all this work? Also have had to pay an ASSESSMENT charge of $750, of which paid to date is $500. $250 on 10/21/14 and $250 on 9/11/15.
    Also how do I get a copy of my abstract? And why 3 different things? How does this all play out for my license?
    Thanks

    Reply
    • Lynn,

      A DWI conviction in NY does not carry points.

      The $750 Driver Assessment Fee is for the DWI. If you lose your 85/55 speeding ticket, then you will be billed for a second Driver Assessment Fee in the amount of $300.

      You can get a copy of your driving record at any DMV office.

      Matthew Weiss

      Reply
  • Hello.. My licence was suspended because of a camera light error so now i did fix the problem but still shows a suspended licence on record can i move that record? Thank you for your time

    Reply
    • Fred,

      I don’t know what a “camera light” violation means. However, regardless, I recommend that you visit a DMV office and inquire about how to get your suspension lifted.

      Good luck!

      Matthew Weiss

      Reply
  • Hi Matthew my name is lianne, I am 26 years old and my insurance is currently now extremly costly.. I drive a 07 plate Vauxhall Corsa 1.2 litre to keep costs low (although that never seems to have worked ) … even if the car is more safer it then costs more to fix so they find a way somehow to up cost whatever the circumstances . I have driven for 6 in a half years and in the driving /parts industry and van jobs and I currently have insurance as expensive as when I first passed and learnt in my first car!! ,certainly would be close this year(due in December as one payment). I was out for a late night drive in Rugby (not my area where I live from) and I got flashed from behind me twice but I had actually already gone round the corner as when I looked back I didn’t see a Direct light so I’m not sure how the camera would get a photo of me from so far away….got quite far past a speed camera they aren’t the same as ones that I’ve seen before there was a car Crossing Me on the other side of the road going faster than I was but camera on his side did not flash from behind him or flash me when I then Past it. The Flash was a double Flash from behind me and white lines on the road, now I know that means something about what type of camera and how it measures your speed.I think I was going 35 miles an hour I actually thought it was a 40 and I was driving safe, I’m now really really worried because i may have to go on a speeding course and I have actually done one already but it was definitely over 3 years ago… and if I don’t get the opportunity ,I still have one more year for three points to come off and I have a total of 6 at the moment and also even worse I have lots of silly little bumps on my insurance I think I have two accident my fault at the moment and 6 points. It’s currently around the £1,000 Mark! ! Am I wrong to think that this may not have got me? ?…. it was very dark and I’d already turned the corner and it only flashed the back of my car at this point the car that was coming from opposite side of Road level to the camera on my side than I was but I did not get a Flash by the camera on his side and neither did he but he was indefinitely going over the limit. It happened on the 20th April so I’m currently waiting for these horrible 2 weeks I really really hope that they don’t send the letter within 14 days as I’m aware of that requirement they fulfill. Is there any other advice that you could give me in how to handle this? I just stumbled across this page when I was trying to find out exactly how many points I have …..so I may have another accident still relevant they are also very minor things and I’m losing track I never seem to make it through just put 3 years and then I’ll get more points.

    Lianne

    Reply

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