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How Many Points Am I Allowed On My New York Driver’s License?

Points on your record only count for DMV purposes for 18 months from the date of offense (and 36 months from the date of conviction for insurance purposes).

The Driver Violation Point System gives the New York State DMV a way to identify and take action against high risk drivers.  The DMV assigns points for certain traffic violations.  If you receive 6 or more points on your New York State driving record in 18 months, you must pay a Driver Responsibility Assessment Fee. If you get 11 points in an 18-month period, your driver license may be suspended.  However, the point system is only one way to lose your license.  For instance, three speeding convictions within 18 months results in a mandatory 6-month revocation, and a judge can suspend a motorist for even just one 8-point speeding ticket as it is considered an excessive speed.

You must be convicted of the traffic violation before points are added to your driving record and your point total is calculated based on the date of the violation, not the date of the conviction.  The points for violations that all occur within the 18 months are added to calculate your point total.  For details about how to calculate points, read my post entitled “How Long Does A NY Traffic Ticket Stay On My Driving Record?“

If you are convicted of a traffic violation in another state or country, points are not added to your New York State driving record, unless the violation occurred in Ontario or Quebec.  Convictions from Ontario and Quebec provinces transfer to your NY license in the same point totals as if they occurred in New York.  Such convictions can affect your driver violation point total and Driver Responsibility Assessment.

The below chart sets forth the number of points assigned for common traffic violations.

Speeding (MPH over posted limit)
 1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
Over 40 11
Reckless driving 5
Failed to stop for school bus 5
Followed too closely (tailgating) 4
Inadequate brakes (private car) 4
Inadequate Brakes (employer’s vehicle) 2
Failed to yield right-of-way 3
Disobeying traffic control signal, STOP sign or YIELD sign 3
Railroad crossing violation 5
Improper passing, changing lane unsafely 3
Driving left of center, in wrong direction 3
Leaving scene of property damage incident 3
Child safety restraint violation 3
Improper cell phone use 5
Use of portable electronic device (“texting”) 5
Any other moving violation 2

Finally, points are not assigned for the following violations:

  • any bicycle violation
  • any pedestrian violation
  • any parking violation
  • any violation related to unregistered, unlicensed or uninsured operation
  • any violation related to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes and some head light violations
  • a violation related to the improper use of High Occupancy Vehicle Lanes under VTL 1110(a)(h)
  • any other violation not resulting from the operation of a motor vehicle

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This post first appeared on Confessions Of A Traffic Lawyer Blog | Weiss & Ass, please read the originial post: here

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How Many Points Am I Allowed On My New York Driver’s License?


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