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There are two separate Driver Violation point systems in New York. The DMV uses a different Driver Violation Points system than Insurance Companies and both can cost you a lot of money with as little as one infraction on your record.
NEW YORK DMV POINT SYSTEM:
The New York DMV Driver Violation Points system was designed to identify potential dangerous drivers and people that may be repeat offenders. Once you are convicted of an offence the Driver Violation Points are automatically added onto your record and the DMV calculates your Driver Violation Points total. The demerit point total is the total number of Driver Violation Points you have received on your licence during the past 18 months. The Driver Violation Points are counted from the day you received the ticket and not from the conviction date but a conviction is needed for the points to appear. If the ticket is eliminated at trial, the points will never appear on your record. 18 months after the offence, the points are removed from the Driver Violation Points Total, but the conviction will remain on your record for at least 3 years. If 11 Driver Violation Points or more are received in an 18 month period, the DMV may suspend or revoke your license for an average of 31 days.
While multiple offences can result in the DMV suspending or revoking your license, it only take one or two mistakes or wrongful convictions before you will be opening up your wallet to the DMV due to the New York Driver Assessment Program. Under the New York Driver Assessment Program, the Driver Responsibility Program Tax is another monetary penalty that drivers must now be concerned with. You would have to pay this fee each year for three years if:
- you incur 6 or more Driver Violation Points on your record in one year
- you are convicted of an alcohol or drug-related traffic infraction
- You refuse to take a chemical test
The DMV will send you a statement after the points, conviction or refusal are entered onto your driving record. The DMV will then examine your driving record every three months to determine if a new Driver Responsibility Assessment is necessary. If you fail or refuse to pay the driver responsibility assessment, your licence, permit or privileges will be suspended until it is paid.
For a traffic violation that involves alcohol, drugs or refusal to submit a breath test you must pay $250 / year for 3 years for a total of $750. If you incur 6 Driver Violation Points within an 18 month period you must pay $100 / year for 3 years with an additional fee of $25 / year for 3 years for each point over 6. If you do not pay this fee your driver’s license will be suspended until it is paid. Unfortunately a point reduction class will not help reduce the Driver Responsibility Program Tax and will only help with keeping your insurance rates lower. The only way to avoid this fee is to keep your record clean.
NEW YORK DMV POINT SYSTEM
- Speeding (1-10 MPH over posted limit): 3 points
- Speeding (11-20 MPH over posted limit): 4 points
- Speeding (21-30 MPH over posted limit): 6 points
- Speeding (31-40 MPH over posted limit): 8 points
- Speeding (more than 40 MPH over posted limit): 11 points
- Reckless driving: 5 points
- Failing to stop for a school bus: 5 points
- Following too closely (tailgating): 4 points
- Inadequate brakes: 4 points
- Inadequate brakes while driving an employer's vehicle: 2 points
- Failing to yield right-of-way: 3 points
- Violation involving a traffic signal, stop sign, or yield sign: 3 points
- Railroad-crossing violation: 3 points
- Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: 3 points
- Leaving the scene of an incident involving property damage or injury to a domestic animal: 3 points
- Safety restraint violation involving a person under 16: 3 points
- Any other moving violation: 2 points
NEW YORK INSURANCE DRIVER VIOLATION POINTS SYSTEM:
The DMV isn’t the only organization to worry about when you have received a traffic ticket. Not only will you have to pay court fines and DMV Driver Assessment fees, but insurance companies have their own demerit point system that can drastically increase your insurance premiums with as little as one traffic ticket on your record! Every insurance company is different but the average your insurance premiums will raise is $100 per point for up to 5 years!
This means that if you receive one speeding ticket in a five year period you could be facing a $100 fee per year from the DMV for 3 years along with a $600 per year insurance increase in your premiums. That over $3000 for only ONE ticket on your record!
If you receive a ticket in another state or country, the demerit points will not show up on your New York record with the following exceptions:
- Alcohol related violations
- Drug related violations
- Moving violations from Ontario and Quebec in Canada.
Even though the Driver Violation Points do not register on your New York record for out of state traffic tickets, your New York licence can be suspended by the DMV if you fail to respond to or pay the out of state ticket.
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