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 # Violation Points
1102 Failure to Comply with a Lawful Order 2 points
1110 (a) Failure to Obey Traffic Control Device 2 points
1110 (a)(1) Passed Green Arrow 3 points
1111 (d)(1) Passed Red Light 3 points
1111 (d)(3) Passed Red Arrow 3 points
1113 (a) Flashing Red Light 3 points
1120 (a) Failure to Keep Right 3 points
1122 Improper Lane Change 3 points
1128 (a) Unsafe Lane Change 3 points
1129 (a) Following Too Closely (Tailgating) 4 points
1140 Failure to Yield Right of Way at Intersection 3 points
1141 Failure to Yield Right of Way – Oncoming Traffic 3 points
1143 Failure to Yield Right of Way – Pedestrians 3 points
1163 Failure to Signal Lane Change 2 points
1172 Failure to Stop at Stop Sign or Flashing Red Light 3 points
1180 (a) Unreasonable/Imprudent Speed 3 points
1180 (b) Speeding 1-10 mph over speed limit 3 points
1180 (b) Speeding 11-20 mph over speed limit 4 points
1180 (b) Speeding 21-30 mph over speed limit 6 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
1201 Parking on Side of Roadway 0 points
1212 Reckless Driving (Misdemeanor Offense) 5 points
1214 Unsafe opening/closing of car door 0 points
1225-c(2)(a) Improper Use of a Cell Phone 5 points
1225-d Use of Portable Electronic Devices 5 points
1227 (1) Consumption of Alcohol in Vehicle 0 points
1229 (c)(3) No Seat Belt/Driver 0 points
306 (b) Expired Inspection 0 points
319 Uninsured Motorist (Mandatory Revocation) —
375 (1) Inadequate Brakes (Misdemeanor Offense) 4 points
375 (3) Failure to Dim Headlights 2 points
375 (29a) Improper Towing/More Than One Vehicle 2 points
375 (29c) Connection Longer Than 16 Feet 2 points
375 (29d) No licensed Driver in Towed Vehicle 2 points
381 (1a) Inadequate Brakes – Motorcycle 4 points
401 (a) Unregistered Motor Vehicle 0 points
509 (1) Unlicensed Operation of a Motor Vehicle 0 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
600 Leaving the Scene of an Accident 3 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.