The NY Points System

The New York State Department of Motor Vehicles ("DMV") uses a points system to track driving habits and take action against what it considers to be "habitual or persistent violators."  The system assigns point values to certain traffic violations.  The point values for certain moving violations are as follows:

11 Points

• Speeding More than 40 MPH over speed limit (suspension of your license)

8 Points

• Speeding 31 - 40 MPH over speed limit

6 Points

• Speeding 21 - 30 MPH over speed limit

5 Points

• Reckless driving (NY VTL 1212; Misdemeanor offense)
• Failure to stop for a school bus (NY VTL 1174)
• Improper use of a cell phone or portable electronic device (NY VTL 1225)

4 Points

• Speeding 11 - 20 MPH over speed limit
• Inadequate brakes (NY VTL 375-1; Misdemeanor offense; 2 points if driving vehicle of an employer)
• Inadequate motorcycle brakes (NY VTL 381(1)(a))
• Following too closely (NY VTL 1129(a))

3 Points

• Speeding - not reasonable and prudent - MPH over speed limit not indicated
• Speeding 1 - 10 MPH over speed limit
• Failure to reduce speed - special hazards (NY VTL 1180(e))
• Driving too slow - impeding traffic (NY VTL 1181(a)
• Driving below minimum posted speed (NY VTL 1181(b))
• Improper passing, unsafe lane change, driving to the left of center, driving in the wrong direction (NY VTL 1120 - 1128, 1252)
• Failure to keep right (NY VTL 1120)
• Improper passing (VTL 1122)
• Unsafe lane change (NY VTL 1128(a))
• Driving in the wrong direction (NY VTL 1127)
• Failure to obey a traffic signal, a stop sign, or a yield sign (NY VTL 1111, 1113, 1116, 1117, 1172)
• Stop sign violation (NY VTL 1172)
• Red light violation (NY VTL 111(d)(1))
• Failure to yield right of way (NY VTL 114 -1145, 1151, 1153)
• Failure to yield right of way at intersection (NY VTL 1140)
• Failure to yield right of way turning left (NY VTL 1141)
• Failure to yield right of way entering roadway (NY VTL 1143)
• Railroad crossing violations (NY VTL 1170 - 1171)
• Unrestrained child under 16 (NY VTL 1229)
• Leaving the scene of an accident (NY VTL 600)

2 Points

All other moving violations including:

• Failure to comply with a lawful order (NY VTL 1102)
• Failure to obey a traffic control device (NY VTL 1110(a))
• Failure to mover over for emergency vehicle (NY VTL 1144-a)
• Failure to signal lane change (NY VTL 1163) 
• Failure to dim headlights (NY VTL 375(3))                                                        

How Point Totals Are Calculated

The DMV monitors your driving record to determine whether administrative action should be taken against you.  More specifically, the DMV calculates a point total based on all violations that you have committed in the last 18 months.  The determination of whether a ticket should be included in any 18 month period is based on the date the ticket was written, not the date of conviction, although you must have been convicted of the violation for it to be included in the calculation.  Out of state traffic convictions are not included in the calculation, unless they occurred in Ontario or Quebec.  Ontario and Quebec are treated differently because New York has a reciprocal agreement with those countries.  Under the agreement, convictions in Ontario and Quebec have the same effect and carry the same points as if they occurred in New York.

The Effects Of Accruing Too Many Points

The DMV will take administrative action against you if you accrue too many points in any 18 month period.  Your driver license will be suspended if you accrue 11 or more points.  Your license can also be suspended if you accrue 9 or more points from speeding convictions in any 18 month period.  If you accrue between 7 and 10 points, you can be required to participate in a driver improvement clinic.  The DMV can suspend your license if you fail to attend the clinic.  Accrue 6 points or more and you will be subject to the driver responsibility assessment fee of at least $300.  In addition, your driver license will be revoked if you receive three speeding tickets and/or misdemeanor violations in any 18 month period.

Contact A Moving Violation Ticket Attorney

Do not plead guilty to your traffic violation without first consulting The Shelton Law Firm.  In most cases, your traffic violation attorney can have your appearance waived so that you do not have to show up in court.  In addition, we know how to reduce the points and fines associated with moving violations and how to avoid an increase in your insurance rate.  Our money back guarantee gives you the confidence and peace of mind to know that we will zealously defend your rights and minimize the points assessed to your license.