In the state of New York, if you receive a conviction after receiving a ticket for a traffic violation, you may be directed to pay what is called a driver responsibility assessment penalty (“DRAP”). The purpose of such a payment is to prevent repeat offenders from continuing their driving misbehaviors thereby increasing traffic safety for the residents of the state.
What is a Driver Responsibility Assessment?
If convicted of specific traffic offenses, or if you accrue six or more points on your driving record within 18 months, you must pay a driver responsibility assessment in NY to the DMV, and this penalty can either be paid in one lump sum or over three consecutive years. The assessment fee is in addition to any fines, surcharges, or penalties that are involved in your traffic conviction. The state Department of Motor Vehicles will send the driver a statement which includes how much he or she owes, or you can access your statement a few days after your conviction.
How Many Points Does It Take To Get My License Suspended In New York?
Drivers must pay at least the minimum amount of the DRAP by the time the payment is required, or have his or her driving privilege suspended. Drivers can also choose to pay the full amount at one time. Once eleven points are reached on your driving record, you are in danger of having your license suspended. Twelve points within a three year period could also get your license suspended.
How Long Do Certain Traffic Violations Stay On My New York Driving Record?
- Suspensions and revocations of driver licenses remain on an individual’s record for four years, in most cases.
- If you refused taking a chemical test for potential drug use, the suspensions will display for five years.
- Most traffic convictions and accidents display until the end of the current year.
- DWIs are displayed on your record for 15 years from the date of conviction.
- Driving while ability impaired (DWAI) convictions remain on your record for ten years from the date of the sentencing.
- Some violations, including vehicular homicide, may be displayed permanently.
How Are Driver Responsibility Fees in NY Calculated?
The amount of the Driver Responsibility Fee in NY depends on the type of breach or the total number of points the driver has accrued on his or her driving record.
- Alcohol or driving under the influence of drugs or refusing to take a chemical test – the annual assessment is $250 paid each year for three years
- Receiving 6 points – six points on your driver record within 18 months’ time results in an annual assessment of $100 paid each year for three years
- Receiving over 6 points – over six points during an 18 month period means an additional $25 for each point over the original six points each year for three years
Any additional convictions may increase your driver responsibility assessment amount.
How Does Someone Get Points on His or Her License?
The Driver Violation Point System in New York State is a government formula based on the DMV’s assignation of points for certain traffic violations. The points are related to common traffic violations and include:
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- Driving over the speed limit:
- 1-10 MPH over = 3 points
- 11-20 MPH over = 4 points
- 21-30 MPH over = 6 points
- 31-40 MPH over = 8 points
- Over 40 = 11 points
- Texting while driving = 5 points
- Failing to come to a full stop for a school bus = 5 points UPDATE: As of November 6, 2024, school bus violations carry 8 points and a $450+ Driver Responsibility Assessment Fee.
- Improper cell phone use = 5 points
- Electronic Device = 5 points
- Tailgating = 4 points
- Child safety restraint violation = 3 points
- Inadequate brakes (private car) = 2 points
- Leaving a property damage incident scene = 3 points
- UPDATE: As of November 6, 2024, leaving the scene of personal injury accident will also carry 3 points.
- Inadequate brakes (employer’s car)
- Driving in the wrong direction or left of center = 3 points
- Failure to yield right-of-way = 3 points
- Failure to yield to pedestrian = 3 points
- Improper passing, changing lanes unsafely = 3 points
- Disobeying traffic control signal, STOP sign, or YIELD sign = 3 points
- Disobeying traffic control device = 2 points
- Railroad crossing violation = 5 points
- Any other moving violation = 2 points
- Driving over the speed limit:
How Long Are Points Counted On My New York Driving Record?
No points may be added to a driver’s record unless he or she receives a conviction from the traffic violation.
Your point total calculation is based on the date of the violation, not the time of your conviction.
The points that occurred within 18 months of the violation dates on the record are added to come up with your point total.
Eighteen months after the date on which the violation occurred, the points for that specific violation will no longer count towards your total. The accumulated numbers, however, will stay on your driving record, and your insurance premiums may increase because of them. The DRAP will be billed to you, however, even if the ticket(s) are closed with conviction more than 18 months after the violation date, if the total points equal 6 or more.
What Violations Do Not Warrant Points?
The following violations are not assigned points:
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- parking violations
- bicycle violations
- pedestrian violations
- unregistered, unlicensed, or uninsured operation of a vehicle (although an uninsured conviction will lead to revocation and civil penalty)
- motor vehicle inspections, weights, dimensions, or equipment except for inadequate service brakes
- business or sale of goods violations
- any other violation not resulting from the operation of a vehicle
If I don’t have an NYS License, do I still owe a Driver Responsibility Assessment Fee to the NYS DMV?
Yes. Any driver, even out of state license holders, that are convicted of a ticket in NYS and accrue 6 or more points, are subject to pay the NYC Driver Responsibility Assessment Fee, or risk suspension of their driving privileges for non-payment of this assessment.
Can an NYC Traffic Ticket Lawyer Help?
Most importantly, if you find yourself with a traffic ticket, call the office of Weiss & Associates, PC immediately. Growing points on your driving record can be disputed and could lead to losing your license in the future. A caring and experienced attorney, who is aware of the point system in New York State, can fight the charges you have received. Our NY Ticket Law Firm knows the steps necessary to make your legal problem simpler and less anxiety-ridden after a free consultation. Our staff is committed to being honest and informative when New York drivers receive traffic tickets.
In New York, some speeding tickets require that the driver make an appearance in court. You will want your New York Speeding Ticket Lawyer beside you to address the case instead of having to plead guilty before the judge. The number of points on your record can make matters worse. Our team wants to help you fight against any speeding ticket.
Contact us today if you are experiencing a problematic traffic ticket issue. In New York City and throughout the state, we are ready to help. New York tickets are something we know all about, and we are proud of the work we have done to educate drivers about their options and help fight their tickets.