What Are The New York Traffic Violations That Add Points To Your NY Driver’s License?

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Motorists often mistake traffic tickets as an inconvenient yet inconsequential aspect of driving. The fact is, traffic violations can create considerable headaches and costs. It’s important to have a clear understanding of what New York State’s traffic points are and how they are assigned to each violation. Point penalties affect both your pocketbook and ability to drive.

Contact the Traffic Ticket Lawyer, Matthew Weiss if you have received a traffic violation and are not sure of the best way to effectively resolve it. Located in New York City, Weiss & Associates, PC offers the expertise to demystify any New York state traffic violation. We provide concise practical advice on what you should expect, and we can save you time by appearing in court on your behalf.  We will honestly explain your prospects and often recommend for some types of situations to just plead guilty and “take your lumps”.

What Are the Traffic Violations that add Points to Your NYS License?

The Department of Motor Vehicles (DMV) assigns points to the following moving violations according to the NYS Vehicle and Traffic Law (VTL). If convicted of any VTL violation, the correlating points can impact insurance rates, result in being taxed via the Driver Responsibility Assessment Fee* and ultimately, your ability to legally operate a vehicle.  Below is a chart of most of the types of violations that result in NY points.

Ticket #ViolationPoints
1102Failure to Comply with a Lawful Order2 points
1110 (a)Failure to Obey Traffic Control Device2 points
1110 (a)(1)Passed Green Arrow3 points
1111 (d)(1)Passed Red Light3 points
1111 (d)(3)Passed Red Arrow3 points
1113 (a)Flashing Red Light3 points
1120 (a)Failure to Keep Right3 points
1122Improper Lane Change3 points
1128 (a)Unsafe Lane Change3 points
1129 (a)Following Too Closely (Tailgating)4 points
1140Failure to Yield Right of Way at Intersection3 points
1141Failure to Yield Right of Way – Oncoming Traffic3 points
1143Failure to Yield Right of Way – Pedestrians3 points
1163Failure to Signal Lane Change2 points
1172Failure to Stop at Stop Sign or Flashing Red Light3 points
1180 (a)Unreasonable/Imprudent Speed3 points
1180 (b)Speeding 1-10 mph over speed limit3 points
1180 (b)Speeding 11-20 mph over speed limit4 points
1180 (b)Speeding 21-30 mph over speed limit6 points
1180 (b)Speeding 31-40 mph over speed limit (possible suspension)8 points
1180 (b)Speeding 40+ mph over speed limit (possible suspension)11 points
1201Parking on Side of Roadway0 points
1212Reckless Driving (Misdemeanor Offense)5 points
1214Unsafe opening/closing of car door0 points
1225-c(2)(a)Improper Use of a Cell Phone5 points
1225-dUse of Portable Electronic Devices5 points
1227 (1)Consumption of Alcohol in Vehicle0 points
1229 (c)(3)No Seat Belt/Driver0 points
306 (b)Expired Inspection0 points
319Uninsured Motorist (Mandatory Revocation)
375 (1)Inadequate Brakes (Misdemeanor Offense)4 points
375 (3)Failure to Dim Headlights2 points
375 (29a)Improper Towing/More Than One Vehicle2 points
375 (29c)Connection Longer Than 16 Feet2 points
375 (29d)No licensed Driver in Towed Vehicle2 points
381 (1a)Inadequate Brakes – Motorcycle4 points
401 (a)Unregistered Motor Vehicle0 points
509 (1)Unlicensed Operation of a Motor Vehicle0 points
511 (1)(a)Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (Misdemeanor offense)0 points
511 (2)(a)Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (Misdemeanor offense)0 points
600Leaving the Scene of an Accident3 points

How Long Do Points Stay on Your License?

Once convicted, the length of time a violation and its concomitant points remain on your driving record is 18 months from the date of offense.  In other words, the points are assessed retroactively.  For example, you received a speeding ticket on January 1, 2018, but went to court and were found guilty on March 1, 2019. Those points will continue to “count” going forward until July 1, 2019 (or another 4 months).

Some people erroneously believe that, if they delay their case for more than 18 months, then they will not get points.  This is incorrect.  No matter when you are found guilty, the DMV will go back to the date of the offense and measure 18 months before and after that date of offense to count up your points.  If you have too many, then you will be hit with a Driver Responsibility Assessment Fee and/or suspension.

Generally, suspensions or revocations remain on your record until the suspension or revocation period has been fulfilled and applicable fees have been paid. However, with a revocation, you have to re-apply to get your license.

Calculating points for DMV purposes is different than counting them for insurance purposes. Specifically, insurance companies count your points for 36 months and measure them from the date of conviction (not the date of the offense like DMV).  Two convictions with these 36 months (or one conviction for major violations like speeding 21+) can result in your insurance rating rising for 3 years.

How Many Points Are You Allowed Before Losing Your License?

The answer to that question is, “It depends.” While the DMV assesses the point system based on the points on your record for 18 months from the date of the offense, it’s not the only way to lose your license. First, here are the primary ways in which you can face suspension.

  • 11 points within 18 months: You may face suspension.
  • Three speeding tickets within 18 months: Three speeding tickets earned within an 18-month period, regardless of the points, carries a mandatory six-month suspension.
  • Conviction to one traffic violation that involves substantial risk of danger (ex. speeding 8+).

Contact the knowledgeable team of attorneys at Weiss & Associates, PC if you’ve been charged with a traffic offense in NYS.

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2 Comments. Leave new

  • Omari Kanfford Daniels
    February 23, 2020 2:04 pm

    Do you get points on your license if you get a summons from the police for a wrong turn on a street before the allowed time to turn.

    Reply
    • Omari Kanfford Daniels,

      This sounds like a violation of VTL 1110a which carries 2 points and roughly a $150 fine.

      Matthew Weiss

      Reply

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