Consequences of Speeding Convictions
- Possible License Suspensions
- Possible Jail Sentences
- Insurance Surcharges
(Payable to DMV)
Speeding / Misdemeanors
If you commit three speeding and/or misdemeanor traffic violations in the State of New York within 18 months, your license will be revoked for at least six months.
Holding a Driver’s License is a valuable privilege, Protect Your Rights!
|Speeding MPH not specified||3|
|Speeding (mph over posted limit)|
|1 to 10||4|
|11 to 20||5|
|21 to 30||6|
|31 to 40||8|
|More than 40||11|
|Failing To Move Over For Emergency Vehicle||3|
Common Questions About Cell Phone Tickets
Clients often contact me about their cell phone tickets and tell me that they are not guilty because:
- “I was only checking a map”
- “I was playing a song”
- “I was checking the time”
The truth is that all of these activities constitute a violation of VTL 1225-d, Use of Portable Electronic Devices. In that section, use of a portable electronic device is defined as the following:
“Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or, for the purpose of present or future communication: performing a command or request to access a world wide web page, composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, instant messages, or other electronic data, or other electronic data.
“Holding” is an element of the offense. That being said, you can touch your phone if the phone is affixed to your vehicle. There are a number of devices that attach the phone to the air vent on your car (for example Kenu Air Frame). These hands free devices are a great way to avoid this increasingly common violation.
Driver Responsibility Assessment Program
A change to the NYS Vehicle and Traffic Law requires drivers who are convicted of specific traffic violations to pay an assessment to the DMV. The Driver Responsibility Program applies to all drivers who operate, or operated, a motor vehicle in the State of New York, regardless of the state the motorist is licensed in. The purpose of the Driver Responsibility Program is to prevent the repeated behavior of problem drivers and to improve traffic safety.
How An Assessment Can Affect Your Driver Record
How does the DMV calculate the total number of my driver violation points?
How can I determine the number of points on my driver record?
A driver abstract is a summary of a current driver record, and displays the number of driver violation points. To learn how you can request a copy of your driver abstract, read the information about driver records.
If you have a minimum of six points on your driver record, you will receive a statement from the DMV that indicates the number of points that you received. If you have less than six points on your driver record, you will not receive a statement from the DMV.
Can I reduce the amount of the driver responsibility assessment if I complete a DMV-approved accident prevention course?
No. You can reduce the total of your driver violation points and your insurance premiums, but completion of the course does not change your driver responsibility assessment.