As most New York drivers know, the New York State Department of Motor Vehicles maintains a Driver Violation Points System that identifies drivers who commit multiple traffic violations within a specific time period – 18 months in New York State – and then assesses points on their driver’s license.

What you may not know, however, is that points accumulation alone is not the only reason your driver’s license could be suspended or revoked.

Regardless of any existing point totals you may have, if you are convicted of 3 speeding violations within an 18 month period, then your driver’s license will be automatically revoked.[1]  Also, there are other types of mandatory suspensions and revocations that are not a part of the points system, especially with alcohol and drug related violations.

In order to protect yourself and your New York driver’s license, you should familiarize yourself with the Driver Violation Points System explained within this article.  And, for the utmost protection, you should consult an experienced traffic attorney.

At the Law Office of Lorenzo Napolitano, I frequently represent motorists in all types of traffic matters.  I aggressively seek dismissals and reductions of charges, resulting in lower fines, less points, and less impact on your insurance.  Often, my clients never even have to go to court.

The DMV Points System in a Nutshell:

11 points is the triggering number in New York State.  If your point total reaches 11 or more within any 18 month period then the DMV will suspend your license.  The DMV will not grant you a hearing based the claim that you were not guilty of the violations or to request a waiver of the suspension.[2]  Thus, it is best to consult an attorney if this has happened to you.

Points are assessed upon conviction of the traffic violation (such as after mailing in a guilty plea), however, the points will relate to the date of the violation for the purposes of the 18 month period.  Points for all violations that occur within any 18 month period are added together. 

All convictions and the corresponding points stay listed on your driving record for as long as the conviction remains on your record.  This is usually permanently, unless you are able to get a conviction legally vacated or expunged from your record, with the assistance of legal counsel.

Thus, traffic convictions are not removed from your driving record after the expiration of 18 months.  The only thing that will change after 18 months is your point total.  Again, if at any time it adds up to 11 or more, your license will be suspended. 

See the chart below, available at http://www.nydmv.state.ny.us/license.htm#points, for each violation and the corresponding points that will be assessed to your license.

Violation                                                                     Points

Speeding (MPH over speed limit not indicated) …..     3

Speeding (MPH over speed limit):

     1 - 10 MPH …………………………………….. 3

     11 - 20 MPH ……………………………............ 4

     21 - 30 MPH …………………………………… 6

     31 - 40 MPH …………………………………… 8

     More than 40 MPH …………………………… 11

Reckless driving ………………………………….. 5

Failed to stop for a school bus ……………………  5

Inadequate brakes ………………………………... 4

Following too closely ……………………………...  4

Passing improperly, changing lanes unsafely,

driving to the left of center, driving in the

wrong direction …………………………………...   3

Failed to obey a traffic signal, a Stop sign, or

a Yield sign ………………………………………..  3

Railroad crossing violation ………………………   3

Failed to yield the right-of-way ………………….   3

Passenger safety violation, including seat belt

and child safety seat violations for passengers

under the age of 16 ……………………………….. 3

Left the scene of an accident that includes

property damage or the injury of a domestic

animal …………………………………………….. 3

Other moving violations ………………………….  2

Inadequate brakes (vehicle of an employer) …….  2

For more information or for a free consultation regarding your New York traffic ticket, please contact me at (585) 325-4445 or email me at Lorenzo@NapolitanoLaw.com.