What is the New York State Driver Point System and How Does it Work?
The New York State Driver Violation Point System was established to help the NYS DMV identify high-risk drivers and, if necessary, take action against them.
Points are assigned for certain traffic offenses. Your driver’s license may be suspended if you reach 11 points in an 18 month period. However, it is worth noting that if you claim that someone else committed a violation on your record, you can request a hearing. But you cannot request a DMV hearing to prove that you were not guilty of the violations. The local courts throughout New York State determine whether a driver is guilty or not guilty of traffic violations.
Things to Know About the Calculation of Points
- Points are added to your driving record only if you are convicted of a traffic violation.
- Points are calculated as of the date of the violation, not the date of the conviction.
- Your point total is based on the points for violations that all occurred within the last 18 months.
Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points remain on your driving record as long as the conviction remains on your record and may be used by your insurance company to increase premiums.
When Points are Not Assigned
- any bicycle violation
- any pedestrian violation
- any parking violation
- any violation related to unregistered, unlicensed or uninsured operation
- any violation related to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes
- any violation related to a business or the sale of goods established in the Vehicle and Traffic Law or any local law
- a violation related to the improper use of High Occupancy Vehicle Lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway
- any other violation not resulting from the operation of a motor vehicle
What is the Driver Responsibility Assessment Fee?
The driver responsibility assessment is a fee paid to the DMV over a three year period if you accumulate 6 or more points on your driving record within 18 months. This fee is in addition to any fines, penalties or surcharges that you must pay for a traffic conviction.
Stephen J. Riebling, Jr. is a traffic ticket defense attorney and partner with Riebling & Payton, PLLC, located in Westchester County, NY and has been practicing for nearly 25 years. To learn more about Mr. Riebling and the firm, visit Riebling & Payton, PLLC at www.RieblingPaytonLaw.com.