DRIVER VIOLATION POINT SYSTEM
The DMV driver violation point system helps to identify drivers who commit several traffic violations during a specific time period.
Remember that the point system is not the only reason for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you are convicted of three speeding violations within an 18-month period, regardless of how many driver violation points you have.
|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|
|Failed to stop for a school bus||5|
|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|
How the DMV Calculates Your Point Total
The DMV computer system automatically calculates your point total as follows:
- You must be convicted of the traffic violation for the points to be added to your point total, but the calculation of your point total is based on the date of the violation, not the date of the conviction.
- The points for violations that all occurred within the last 18 months of one another are added together to calculate your point total.
- The record of the conviction, and the points, are listed on your driver record for as long as the conviction remains on your record . The information about the conviction and points is not removed after 18 months from the violation date. Only the calculation of your point total changes. Learn more about convictions and your driver record.
Point Total Example
You are convicted of a 3-point violation and the violation occurred on January 1, 2009. You are later convicted of a 4-point violation that occurred on July 1, 2010. Your point total includes the points from both violations, because they both occurred with a single 18-month period. Your point total is 7 points.
The Effect of Points
If your point total reaches 11 points or more based on the calculation described above, the DMV notifies you and suspends your driver license . You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.
- You are convicted of an alcohol-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
- You are convicted of a drug-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
- A DMV hearing determines that you refused a chemical test and the refusal occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or
- You receive six or more points on your NYS driver record during a period of 18 months and the violations occurred in NYS, Quebec or Ontario on or after November 18, 2004.
Note: Except for Ontario and Quebec, points are not added to your NYS driver record if you commit an out-of-state traffic violation. Points can appear on your NYS driver record if you commit a traffic violation in Ontario or Quebec.
The assessments apply whether you have a driver license issued by NYS or any other jurisdiction, or you have no driver license at all.
Insurance Company Points and Out-of-State Violations
Insurance companies have point systems that are different from the DMV driver violation point system. The two point systems are not related. Contact your insurance company about their point system.
Except for Ontario and Quebec, points are not added to your NYS driver record if you commit an out-of-state traffic violation. Points can appear on your NYS driver record if you commit a traffic violation in Ontario or Quebec.