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Understanding The New York Traffic Point System

Most moving violations committed in New York State have a point value assigned to such violations. Usually, the increase in point value is directly related to the seriousness of the traffic infraction committed by the motorist.

For your reference, the point system with the various violations and the points assigned to each can be found on this DMV link: New York DMV | About the New York State Driver Point System (ny.gov)

The key point to remember is that points begin to accrue as to the date of the violation, and not the date of conviction. Therefore, when calculating the number of points needed for a suspension you look towards 11 points within 18 months. Again, the key date for these violations would be the date of violation. The same holds true for the imposition of a driver responsibility assessment. This assessment begins when a motorist has accumulated 6 points within an 18-month period. Again, you look to the violation date and not the date of conviction. The assessment begins at $300.00 for six points ($100/year for 3 years) and increases incrementally for accrued points over and above 6.

Another important point that most motorists fail to realize, and understandably so, is the following: you assume that once 18 months has passed from the violation date that all is good. This is not necessarily true. The key takeaway here is that 11 points in any 18-month period will lead to the imposition of a suspension and a DRA assessment for 6 points in any 18-month period. Therefore, let us assume you have 3 Traffic Violation Bureau (TVB) infractions from back in 2019, and they have been rescheduled due to the pandemic, and the total points are 13. If you are eventually convicted of all of these violations in 2021 or 2022, as long as the violation date was within an 18-month period, you will face a DRA or suspension depending on the outcome of the case.

This why it is so important to retain the services of an experienced New York traffic attorney who can properly advise you on the point system, and further, will most likely recommend that you enroll and successfully complete a NYSDMV-approved defensive driving course to reduce up to four (4) points from your driving record.

If you need an experienced New York traffic attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: malpert@alpertlegal.com.