DMV’S NEW POINT SYSTEM FOR MOVING VIOLATIONS MEANS INCREASED RISK OF LICENSE SUSPENSION OR REVOCATION!!!
By: George A. Terezakis
If you drive in New York State, you need to be aware the NYS-DMV, earlier this month, greatly increased the points assessed for convictions for moving violations; has assigned high point values to offenses which previously did not carry any points; has increased the time period during which points assessed due to convictions for moving violations can result in a driver’s license suspension or revocation; and has made it easier for a motorist’s driving history to result in a lifetime revocation of their driver’s license. These new point system regulations are complicated, but the main thing to remember is that now, more than ever, you need to be extremely careful when driving.
Bottom line: If you receive a moving violation, you need to retain an attorney with experience in handling, and trying, traffic violations, because you now face a far greater risk of having your driver’s license suspended or revoked. The new changes to the point system are too extensive to detail in this short post, so we have highlighted, below, the most significant.
1. DMV has enlarged the time period during which points accumulated can result in suspension or revocation of your driver’s license, from 18 months to a 24-month look-back period. Where previously your driver’s license could be suspended if you accumulated 11 or more points within an 18-month-period, it can now be suspended for 10 or more points accrued within a 24-month period. Where previously your driver’s license could be suspended if you accumulated 11 or more points within an 18-month-period, it can now be suspended for 10 or more points accrued within a 24-month-period.
2. New and Increased Points Assessed for Convictions for Moving Violations:
- Speeding more than 40 m.p.h. above the posted limit: now 11 points.
- Offenses relating to driving intoxicated or impaired by alcohol or drugs: now 11 points.
- Driving with a suspended or revoked driver’s license: now 11 points. (Remember if you fail to answer your summons, your driver’s license can be suspended. Driving with a suspended license, or “aggravated unlicensed operation of a motor vehicle”, is a criminal offense. It can result in your arrest, prosecution and incarceration, if you are convicted.)
- Speeding in a highway construction or work zone: now 8 points.
- Speeding 30 m.p.h. above the limit, but not more than 40 m.p.h. above: now 8 points.
- Driving using a cell phone or portable electronic device; reckless driving: now 5 points.
- Facilitating aggravated unlicensed operation, i.e., facilitating “driving with a suspended driver’s license”: now 5 points.
- Other 5-point violations now include: reckless driving, passing a stopped school bus, leaving the scene of an accident, and violations involving speed contests or races.
3. A person convicted of four (4) or more offenses relating to driving intoxicated or impaired by alcohol or drugs, over the course of their lifetime; or who has three (3) convictions for driving intoxicated or impaired, and a conviction for an offense classified as a “serious driving offense”, during a 25-year look-back period, may also be permanently disqualified from being reissued a driving license.
4. A person adjudicated a youthful offender, after a conviction for driving intoxicated or impaired, will still have their conviction records sealed, but will be assessed 11 points.
Since most drivers, when stopped by the police, are issued more than one summons, it will now be far easier for a motorist’s license to be suspended for having accrued too many points within the 24-month look-back period. Even a conviction for a single moving violation can result in the suspension of your driver’s license, especially if you have been convicted of another moving violation, or violations, within the preceding 24 month look back period.
- If you are assessed between 4 and 6 points, within a 24-month period, you will be sent a warning that additional points may result in the suspension of your driver’s license.
- If you accumulate between 7 and 10 points, within a 24-month period, you will be required to complete a driver improvement course; if you fail to complete the course, your driver’s license can be suspended.
- If your convictions for moving violations result in your being classified as a “habitual violator” you will be charged an annual “Driver Responsibility Assessment” fee.
- If you are found to be a habitual or persistent violator of the traffic laws, you can be ordered to appear at a safety hearing, at which your license may be suspended or revoked.
Due to these DMV changes, convictions for moving violations now have a far greater chance of resulting in your driver’s license being suspended or revoked. In addition, when you apply to have your driver’s license reinstated, DMV will now review your lifetime driving record, and the nature and extent of your convictions for moving violations, to determine whether to reinstate your driving privileges. Convictions for driving with a suspended license, or for other moving violations, during a period when your driver’s license is suspended or revoked, can result in the denial of your application to have your driver’s license reinstated.
If you receive any moving violation, especially if you have a commercial driver’s license; or if you face criminal charges relating to driving intoxicated or under the influence of drugs or alcohol; for driving with a suspended or revoked driver’s license (“aggravated unlicensed operation of a motor vehicle”); for reckless driving; leaving the scene of an accident involving injury; vehicular assault; or other more serious felony charges relating to your driving, we can help. There is no need to face these charges alone.
We will defend you against traffic summonses and traffic-related criminal charges. In most instances involving non-criminal violations, we can appear in traffic court on your behalf so that you won’t miss a day’s work. We are usually able to have many, if not all, of your moving violations reduced to non-moving, no-point violations, or have them dismissed. If we can’t negotiate a favorable disposition, we will try your case and hold the government to its burden of proof. We have 40 years of experience defending motorists charged with traffic violations and criminal offenses. We are happy to review your matter with you.
Call us today at: (516) 742-3838 to schedule your consultation.