Even a New York traffic attorney can get confused as to how to calculate how many points a motorist has on his/her driver license. The rule is easy. A motorist is permitted up to 10 points within any 18-month period (Update: as of November 6, 2024, the look back period was extended to 24 moths). Applying this rule to a driver’s record who has a NY traffic ticket problem presents the challenge, however.
For DMV purposes, the first issue is when do the points begin to run and when do they end. Points commence running from the date of offense and no longer count 18 months thereafter. For example, 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.
Update: The above example uses the old 18-month look back period but, as of November 6, 2024, DMV will look about 24 months.
The part that an experienced New York traffic lawyer knows to do next is often missed by motorists. In particular, for the above example, to determine how many points the driver with the 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 offense. The trick is that there are two 18-month periods which must be examined. That is, using the 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 NY 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 motorists 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 raise a motorist’s insurance rates for 36 months from the date of conviction.
For a complete list of New York traffic violations and matching points, visit New York DMV Point System.
19 Comments. Leave new
Hi Mathew! I recently got into an accident n it turned out to be my fault though I think that was unfair.. The other person must have held responsible too. But now I have a hearing in the court n I have recieved a ticket on the accident scene so how many points will I be getting on my license if I am found guilty. Can I take a point reduction class later and get those points reduced? This is the first bad thing on my licence since I got my license, it’s almost been 2 years+. And how much can the ticket approximately turn out to be? I live in NY. Should I hire a lawyer or should I just get it sorted out myself because I can’t afford a lawyer and pay the ticket simultaneously.
You are doing a great job by helping confused and distressed people.
God bless you.
Madiha Akbar,
You should plead not guilty and fight it yourself (as you cannot afford a lawyer). You can take a Driver Safety Class that will remove up to 4 points from your license. The fine will be roughly $200.
Good luck!
Matthew Weiss
Hello Mr Weiss,
I love your blog. Thank you for all the information. I have a speeding ticket (4 points) from 12/30/13 that has yet to be heard. I adjourned it twice and the court adjourned it once. The case will be heard in Feb of this month. Since this is already post the 18 month period, if found guilty, will these points ever effect my drivers license?
Also, I received 2 tickets in April of 2015 (total 6 points). The court adjourned the case once, and I adjourned the case, once and will be adjourning again when I have to appear in court in July of 2016. My intention in to adjourn until the 18 month period lapses from time of ticket being issued.
Since the 3 tickets (assuming found guilty on all three) were issued within an 18 month period, (although the 18 month timeframe will have lapsed by time of having been found potentially guilty) have any negative consequences to my driving record?
Thank you!
Maggie,
Thanks for your kind remarks. We have a lot fans who like our blog but you’re the first to say that you “love” it. Thanks!
If you are convicted, the points will be retroactively placed on your driving record and, thereby, possibly affect it. Therefore, if you lose your 3 cases, the points from all 3 will be aggregated giving you a total of 10 points and subjecting you to a $600 Driver Assessment Fee (even though 18 months after the dates of offenses).
Matthew Weiss
Hi Matthew,
One more question- the 4 points currently on my license from my May 2014 accident should disappear by November 2015 (given the 18-month rule). But, the PIRP defensive driving course point reduction is also going to be applied around that time, as I took the course in September and it takes about 10-12 weeks for it to appear on my DMV record. I received my first speeding ticket in August 2015 and have not yet gone to court for it, but if I get points for that, will the point reduction apply towards that? Do I have any way of ensuring that the point reduction will apply towards the speeding ticket points and not the accident points, which will no longer be on my license by November 2015? Also, how can I check the status of the point reduction?
Thank you in advance for your input.
Muthe,
You can check the status of your point reduction by obtain a copy of your driving record. The class will reduce 4 moving violations points only (it does not remove “accident points” whatever that means). Because you took the class in September, after your August ticket, you will get the 4 point credit off the August ticket.
Matthew Weiss
Hello,
I currently have 4 points on my license from May 2014 due to an accident where I was at fault. About 4 months ago, I received a ticket for a wrong left turn (moving violation), but pleaded not guilty and got the charged reduced to a fine in court with no points. In the past couple of months, I have received 2 speeding tickets- first one for going 42mph in a 25mph zone and recently, a second one for going 90mph in a 55mph zone. I have pleaded not guilty for the first one and my case will not be heard until early 2016 because the court is backed up with cases. I’m planning on pleading not guilty for the most recent ticket as well, in hopes that I can reduce the charge in court.
I have taken the PIRP defensive driving 6 hour course in September 2015 and expect to have my points reduced (up to 4 points) by December 2015, as it takes up to 90 days to appear on my DMV record. Also, is it true that the 4 points from May 2014 will no longer be on my license in November 2015? Does this help me at all if my speeding ticket cases are not heard until early 2016? Or will it still count towards the summation of total points since the recent tickets were issued in the past couple of months (still within the 18-month period)?
I’m worried that I’m facing suspension of my license and increases in my insurance. Please advise me on the best route of action to take and what I can expect given this situation. Any help you can offer would be greatly appreciated.
Thank you,
Muthe
Muthe,
You need to plead not guilty. Give your situation, I recommend that you consult with (if not hire) an experienced NY traffic lawyer to help you.
Matthew Weiss
Hello,
I’ve received a traffic ticket in June 2011 for 2 points and a speeding ticket in July 2011 for 6 points. I know that after this month (December 2012) that 2 points should be taken away by my estimate but I still need to get my record to confirm dates. At 1:15 AM ,on 12/28/12, I received a ticket for a rolling stop which equals 3 points. The cop was driving behind me and I wanted to know if I am in danger of getting a suspend license even if my total points won’t equal to 11 points after this month or does the dmv base the points accrued within the 18 months? Should I fight the ticket and try to postpone for the sake of trying to lessen total points? If I fight the ticket, can i argue that there was a garbage truck obstructed my view of the stop sign because it was garbage day or if time of the day is of importance? And would being a college student with a good GPA and a working 20 year old work to my advantage?
Thank you,
Brandon
Brandon B.,
Am in danger of getting my license suspended even if my total points won’t equal to 11 points after this month or does the dmv base the points accrued within the 18 months? The June 2011 points and the July 2011 points will be added together but only give you 8 points and a $450 Driver Assessment Fee. The July 2011 points and the December 28, 2012 points will be added together but only give you 9 points and a $525 Driver Assessment Fee. As you can see above, the June 2011 and December 28, 2012 tickets are more than 18 months apart; therefore, they do not get added up together with the July 2011 points.
Should I fight the ticket and try to postpone for the sake of trying to lessen total points? Yes, definitely.
If I fight the ticket, can I argue that there was a garbage truck obstructed my view of the stop sign because it was garbage day or if time of the day is of importance? Yes, you can argue this.
And would being a college student with a good GPA and a working 20 year old work to my advantage? No, that’s irrelevant.
Matthew Weiss
Is there anyway to find out how many points you have on your license or do you have to request a driving record?
Chelsea,
The only way to figure out how many points you have is by looking at an abstract. Most traffic law firms can get one for a small fee. Otherwise, you’ll have to get one at the DMV.
Matthew Weiss
i currently have 4 points on my nj license i was driving in ny and got a ticket which carries points. i believe 3. my question is do i now have a total of 7 points? or because the offenses are in two totally different states, are they on separate dmv databases and what not?
Mike,
If you are convicted of your NY traffic ticket, it will transfer as 2 NJ points (even if NY gives it more points here).
Matthew Weiss
If i get stopped in NJ for improper U-turn is that points on my driver license.
My driving license is from NY.
Ally,
A New Jersey conviction will be reported to New York but you will NOT get any points from such a conviction. It can affect your auto insurance rates, however.
Matthew Weiss
I received a ticket blocking intersection in new york city. will i get point on my license?
Dora,
If you ticket is returnable at the NYC Dept of Finance and is a white color, then it is a parking ticket that carries 0 points.
If, on the other hand, it is returnable at the Traffic Violations Bureau and it is yellow, then this ticket carries 2 points if you are convicted.
Matthew Weiss
Hello,
Amazing! Not clear for me, how offen you updating your 888redlight.wordpress.com.
Thanks
Charlie