Consequences of Traffic Violations

If you were issued a traffic ticket for a moving violation, your guilty plea or conviction of guilt is reported to the Department of Motor Vehicles. Each violation has a point value that goes with it. These points go on your driving record and stay there for 18 months. If you get more than six points on your license within 18 months, the DMV can require you to pay a charge of $150 per year. If you get more than 11 points, your driver’s license is suspended for 31 days for the first offense. However, you can have points removed from your driving record if you complete a defensive driving class approved by New York State.

The following chart gives the point values for each violation:

Speeding 1 to 10 mph over speed limit 3 points
Failure to yield right-of-way 3 points
Disobeying traffic control signal 3 points
Unsafe lane change 3 points
Child safety restraint violation 3 points
Leaving scene of accident with property damage 3 points
Failure to stop at railroad crossing 3 points
Following too closely 4 points
Speeding 11 to 20 mph over speed limit 4 points
Reckless driving 5 points
Failure to stop for school bus 5 points
Improper cell phone use 5 points
Texting while driving 5 points
Speeding 21 to 30 mph over speed limit 6 points
Speeding 31 to 40 mph over speed limit 8 points
Speeding 41 to 50 mph over speed limit 11 points

In addition, insurance companies can check your driving record at the DMV when you apply for new insurance or try to renew your insurance. If you have a moving violation on your driving record, the insurance company will charge you a higher premium. If you have a lot of points on your license, the insurance company may refuse to insure you. If this happens, you will have to get your car insurance through the New York State assigned risk pool, which can be very expensive.

If you are convicted of a DWI, ADAI, DWAI, DWAI-D or you refuse to take a chemical test, you may be required to pay the DMV $250 per year for three years as a driver responsibility assessment fee.

Legal Editors: Gary Kaufman and Lauren Rosenthal, January 2018

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

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