Effective November 6, 2024, significant changes were made to DMV rules that affect points, suspensions, and look back periods for numerous traffic violations. In particular, the changes affect repeat offenders and offenses involving alcohol, drugs, and driving with a suspended or revoked license.
I will briefly summarize the key changes, and the reason why now more than ever you need an experienced traffic lawyer to help navigate through these new regulations.
Notable changes include newly assigned points (11 points) for alcohol and drug-related driving convictions (i.e, DWI, Aggravated DWI, DWAI). A conviction pursuant to VTL 511-1 or VTL 511-2 (Aggravated Unlicensed Operation), a traffic misdemeanor, now all carries 11 points. In addition, the DMV has increased the point levels assigned to certain infractions where points already existed.
Another major change is that the DMV has extended the lookback period from 18 to 24 months for which a motorist’s points can be factored for accumulation purposes. However, it is important to note that the DMV has exempted certain charges for points-accumulation purposes if they occurred on a single occasion. For example, an alcohol and drug-related driving conviction for the first time- where all points are accumulated from the first-time offense that technically brings the motorist over the limit- is exempt for accumulation lookback purposes. The similar scenario holds true for an Aggravated Unlicensed Operation conviction (i.e., driving with a suspended or revoked license).
Here is a summary of the key changes to the DMV Regulations, effective as of November 6, 2024:
1) NEWLY ASSIGNED AND ADJUSTED POINTS FOR CERTAIN VIOLATIONS
- DWI, Aggravated DWI, DWAI and Drug Related Convictions are now assigned 11 points where a conviction occurs (previously zero points)
- Aggravated Unlicensed Operation (i.e. driving with a suspended or revoked license) now assigned 11 points. (previously zero points)
2) EXPANDED LOOK BACK PERIOD
- The points accumulation lookback period has been extended from 18 months to 24 months (more likely change for increased suspensions and revocations)
3) NEW POINTS FOR SPECIFIC HIGH-RISK DRIVING BEHAVIOR
- VTL 511(a) (Facilitating Unlicensed Operation) – A new assignment of five points. Previously carried zero points. This change will have a profound impact on plea bargaining for suspended license cases since the misdemeanor VTL 511-1 was often amended and reduced to this charge. This new point assessment will have ramifications for sure.
- Speed contests or Races. New five (5) point penalty under VTL 1182. This traffic misdemeanor previously carried zero points.
- Passing Stopped School Bus raised from 5 to 8 points.
- Leaving Scene of an Accident with personal injury raised from 3 to 5 points.
4) DRIVER IMPROVEMENT CLINIC
- For motorists between 4 and 6 points on their license in 24 month period, they will receive a warning letter from DMV about their points.
- If a motorist accumulates between 7 and 10 points in 24 month period, they will be required to attend a Driver Improvement Clinic (Can result in license suspension if they fail to attend)
5) FORMAL HEARING FOR PERSISTENT VIOLATIONS
- 11 or more points in 24-month period (except where all points come from single alcohol or drug-related incident)
- 9 or more points during a 24-month period specifically from speeding violations
- 4 or more additional points in a 12-month period after a driver has already attended a Formal Hearing.
- Depending on the Hearing determination, it may be result in a suspension or revocation of your driver’s license.
If you need an experienced Long Island traffic attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail malpert@alpertlegal.com.