• Michael H. Ricca,
  •   None

Driving in New York State is considered a privilege; it is not a right. New
York State requires you to hold a valid driver’s license if you are
operating a motor vehicle within the state borders. However, with more than
12 million people holding active New York State driver’s licenses,
monitoring the roads and removing this privilege from dangerous drivers is
an arduous task for anyone. That is where the New York State (NYS) Driver
Point System comes in.

Whether you are new to driving in New York State or just never really
understood how the NYS Driver Point System works, the attorneys at The Law
Offices of Michael H. Ricca P.C. are here to help explain.


To help flag drivers who repeatedly disregard the laws meant to keep the
roads safe, the Department of Motor Vehicles (DMV) established the NYS
Driver Point System.

How Points Are Calculated

Points are not calculated when you receive your citation at a traffic stop.
In fact, they may not be assigned at all depending on three specific
factors. These are:

· You must be convicted of the violation. You should note that paying the
fine instead of attending a hearing is considered a conviction.

· Once convicted, the points will be retroactively assigned to the date of
the citation. This means that your conviction may occur a month after your
ticket, but for calculation purposes, the points will be added after the
fact as if they were assigned the day of the ticket.

· Points remain on your driving record for 18 months. That means your total
point accumulation only takes into account the 18 months prior to your
latest citation.

Common Violations and Their Associated Points

There are quite a few traffic violations that will lead to points if you
are convicted of an offense. The below chart helps explain the most common
violations and their assigned point value per the DMV.

Traffic Violation


Speeding 1 to 10 Miles Per Hour Over The Posted Limit


Speeding 11 to 20 Miles Per Hour Over The Posted Limit


Speeding 21 to 30 Miles Per Hour Over The Posted Limit


Speeding 31 to 40 Miles Per Hour Over The Posted Limit


Speeding More Than 40 Miles Per Hour Over The Posted Limit


Reckless Driving


Failing to Stop For a School Bus


Railroad Crossing Violation


Improper Use of a Cell Phone (Non-Hands Free)


Use of a Portable Electronic Device (Example: Texting)


Following Too Closely (Tailgating)


Inadequate Brakes in a Private Vehicle


Failing to Yield Right of Way


Disobeying Traffic Control Signals or Signs


Improperly Passing or Making Unsafe Lane Changes


Driving Left of Center or In The Wrong Direction


Leaving the Scene of a Property Damage Incident (Accident)


Child Safety Restraint Violation


Inadequate Brakes in an Employer’s Vehicle


Most Other Moving Violations


Offenses That Do Not Result In Points

As you can see, there are plenty of violations that can lead to you being
assigned points. However, not every traffic violation will result in
points. Some of these point-less violations include:

· Violations received while parking, being a pedestrian, or parking your
motor vehicle;

· Violations that are related to the operation of a motor vehicle while
being unregistered, unlicensed or uninsured;

· Violations relating to motor vehicle weights/dimensions, motor vehicle
inspections, or vehicular equipment (excluding inadequate brakes);

· Violations not resulting from the operation of a motor vehicle.

Points Can Cost You Big!

Accumulating points is not a game. In New York State, the higher your
points, the more trouble you are in! Let us take a look at some of the most
serious consequences of point accumulations.

  • Driver Responsibility Assessment (DRA)
    : We already said that points remain on your driving record for 18
    months. The DRA program takes this into account. If you accumulate 6 or
    more points in an 18-month period, you will find yourself facing a DRA
    fee. For 3 years, you will have to pay an annual fine of $100 to the
    DMV. For each point over 6, however, the DMV will add another $25 each
    year. If you continue to violate the rules of the road, this fee will
    continue to grow. For example, if you have accumulated 6 points on your
    driver’s license and you are subsequently convicted of a 2 point moving
    violation, you will now be required to pay $150 per year for 3 years
    ($100 initial fee plus $25 for each additional point over 6 points).
  • License Suspension or Revocation
    : If you amass 11 points during an 18-month period, you have more than
    just a DRA fee to worry about. The DMV will also suspend your driver’s
    license for a period of time. Once this period ends, you will have to
    pay a Suspension Termination Fee as well. If you continue to violate
    traffic laws during your suspension or right after, you may find your
    driver’s license revoked instead. This means your driving privileges
    have been cancelled. While you may one day be able to regain your
    driver’s license, you will need to go through the full licensing
    process that all new drivers must go through, including taking a
    driving test.
  • Higher Insurance Premiums
    : Insurance rates in New York State are notoriously high. However, if
    you accumulate points on your driver’s license, you can expect these
    rates to skyrocket. This occurs independently of the DMV, but rest
    assured, your insurance company pays attention to your driving record.
    After all, if you are deemed dangerous or unfit, you are a huge
    liability for them.

Fight Your Tickets with The Law Offices of Michael H. Ricca P.C.

Do not pay your traffic fine or plead guilty without talking to a qualified
traffic lawyer first!

The Law Offices of Michael H. Ricca P.C. is here to help you fight all of
your traffic citations. We understand how fast points accrue. Moreover, we
understand how damaging the effects of those points can truly be. We make
fighting your tickets as easy as 1-2-3!

Going to work, trips to the grocery store, driving your children to and
from daycare, or traveling to the doctor’s office – you need your driver’s
license more than you may realize. From paying exuberant fees to losing
your ability to move around on a whim because you have lost your driver’s
license – points will cost you more than you may think.

If you or a loved one have been charged with a traffic violation, contact
The Law Offices of Michael H. Ricca P.C. today to learn more about how we
can help you fight your tickets and for your free consultation at (516)

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