Violating traffic laws in the state of New York can cost the driver to earn points on their driving record. The points can be added to the driving license depending on the severity of the violation by the individual.
Breaking traffic laws and earning tickets numerous times from the traffic police may raise the question of how long these points stay on the driving license. The Law Office of Carl Maltese presents a complete guide on the topic.
What Is a Driver Violation Point System?
To identify the drivers who violate traffic laws, rules, and regulations, the Department of Motor Vehicles uses the driver violation point system. The state of New York designed this method to restrict high-risk drivers from causing accidents, collisions, or injuries. Unfortunately, this can also result in loss of the license if an individual continues to get points exceeding the specified limit.
How Is the Driver Violation Point Calculated?
The calculation of the driver violation point is done as per the following procedural method:
Firstly, the individual driving will be convicted for violating traffic law by the state police.
They will be given points based on the severity of the violation committed.
The individual is issued points on the date of their violation and not on the date they get convicted.
All the points received in the span of 18 months are summed up to get the total based on which necessary action is taken against the driver.
How Long Do the Points Stay on the License in New York?
The New York state has strict rules against those violating traffic laws and regulations. Depending on the severity of the offense committed, the state can take necessary action against the driver. The driver also becomes liable for being withheld by the state police or for a civil lawsuit if this violation results in an accident or collision.
Every state has defined a different duration of time upon the basis of which total points are calculated. In New York, the course of time decided for calculating the driver violation point is 18 months. Any conviction made before 18 months will not be considered in calculating the points.
Although, certain suspensions are visible on the driving record for extended periods like the suspension of a driving license for reasons related to alcohol or certain drugs.
How Many Points Does the Driver Receive in Violation of Different Traffic Laws?
The driver receives the points depending on the severity of the traffic law violation done. Here is a list of a few:
Two points are issued in case of taking improper turns, violating traffic signals and other related devices, failure to apply the brake at an appropriate time, and other moving vehicle violations.
Three points are issued in case of failing to yield right-of-way, crossing red signals, breaking child safety restraint laws, driving in the wrong direction, or changing lanes illegally.
Five points are issued in case of distracted driving, reckless driving, illegal driving, crossing the railroads, and failing to stop for a school bus to pass.
11 points are issued in case of crossing the speed limit of 40 Mph. However, there is a difference in the points issued for crossing a specific speed limit in New York.
What Type of Violations Does Not Get the Driver Violation Points?
Certain traffic violations exist that do not cost the driver with a driver violation point on their driving license. These are:
Any violations concerning bicycles.
Violations concerning the parking laws.
Any violations concerning pedestrians.
Violations related to the specification of the vehicle, its dimension, or inspection.
Any violations that are not a result of the operation of the motor vehicle.
What Can Happen as a Consequence of Receiving Driver Violation Points?
Receiving driver violation points can result in the driver paying heavy fines and may also cause suspension.
If the driver has received more than six points on the driving record, it may result in payment of heavy fines and state surcharges. These can range from 100$ to 450$ and more in extreme situations.
In case the driver receives more than 11 points on the driving record within 18 months, the driving license of that driver would be suspended.
The driving license is also suspended when alcohol or other drugs are used while driving.
Conclusion
For legal help concerning traffic laws in New York, contact the Long Island motor vehicle accident lawyers at The Law Office of Carl Maltese. They are knowledgeable in all traffic-related matters, such as the two-license plate rule in New York and whether or not it is legal to walk on the highway in New York.
Getting too many points can cause a driving license suspension and increase vehicle insurance rates. Hence, it becomes necessary for the residents to avoid traffic violations as much as possible. If an individual faces any issue while dealing with traffic violations, they must immediately consult a law firm.