If you’ve ever gotten a moving violation in New York, you probably know that each violation comes with a certain number of “points” that are assigned to your driving record. The point value of each violation ranges, from 2 points for disobeying a traffic sign or pavement marking to a whopping 11 points for speeding 41+ mph. Even a cell phone or electronic device ticket in New York carries a painful 5 points.
For those with multiple violations in the near past 18 months, points can cause a problem, as 11 points within an 18-month period subjects you to suspension of your privilege to drive. If you’ve ever wondered “How long do points remain on your New York license?”, then the short answer is 18 months from the date of offense. However, there’s more to consider, which we address below.
The calculation of your point total depends on two things. First, you must be actually convicted of the traffic violation before the points go on your record. Second, the point total is calculated using the date the violation occurred, not the date on which you were convicted. Using these two rules, your point total is then all the points you’ve accrued within 18 months of the traffic ticket at issue.
After 18 months, the traffic violations no longer counts for points purposes vis-a-vis tickets issued outside the 18-month period. However, if you have an old case that you lose, keep in mind that you will need to go back to the date of offense for that old ticket and measure back and forward 18 months to calculate how many points you had during both of these 18-month periods.
Also, you should be aware of your point total regardless of the time period, as your insurance company can penalize you for convictions to moving violations that occur within 36 months of the date of conviction (not date of offense like DMV uses to measure points).
If you have any other questions about point totals on your driving record, feel free to contact us! We handle 1,000s of traffic tickets per year throughout New York State and can help you as well.
I have a question. I got my first texting ticket on 10/10/2018. But I still wasn’t convicted. It means there are no points still. Court will take place on 09/29/2020. And today 03/02/2020 I got the same ticket. How do I calculate total points let say if I will get convicted on 09/29/2020?
Because 10/10/2018 is within 18 months of 03/02/2020, the points from these two tickets will be added together (regardless of when you lose them).
Despite NYPD recording summons is issued for pavement violations the New York state mutcd supplement prohibits pavement markings as enforceable regulations. Pavement markings may only be used as supplements to signs.
I respectfully disagree. Below is the language for VTL 1110a and its definition which I have highlighted the pertinent parts.
§ 1110. Obedience to and required traffic-control devices. (a) Every
person shall obey the instructions of any official traffic-control
device applicable to him placed in accordance with the provisions of
this chapter, unless otherwise directed by a traffic or police officer,
subject to the exceptions granted the driver of an authorized emergency
vehicle in this title.
§ 153. Traffic control devices. All signs, signals, markings, and
devices not inconsistent with this chapter placed or erected by
authority of a public body or official having jurisdiction for the
purpose of regulating, warning or guiding traffic.