If you received a traffic ticket in Western New York, I can help. I cover almost all traffic courts in Western New York, between Syracuse and Buffalo, and in Rochester and surrounding towns and counties. In most cases you will not have to come to court. As an experienced Rochester, New York, traffic violations lawyer, I know know how to deal with police and prosecutors in all local traffic courts.
New York State uses a “Driver Violation Point System” for assessing the seriousness of traffic infractions. The more serious the infraction, the higher the point value. In relation to speeding tickets, the more miles per hour (MPH) you are over the speed limit, the greater the point value will be. Furthermore, if you receive three speeding tickets or accumulate 11 or more points in 18 months, your license may be suspended or even revoked. Below is a table that lists the number of points given for speeding tickets based on MPH over the speed limit and for other violations based on how serious they are.
|Speeding (MPH over the 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 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||3|
|Railroad crossing violation||3|
|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|
The DMV computer system automatically adds and calculates your point total for the previous 18 months. The points are calculated from the dates of your traffic violations, not from the dates of your traffic convictions.
A traffic conviction is required for the points to appear on your driving record. Eighteen months after the date of the violation, the points for that violation are supposed to be removed from your point total; however, the convictions remain on your record. Therefore, even if you have zero points on your license, a look at your drivers abstract will reveal your complete driving history.
Moreover, beginning November 18, 2004, New York State implemented what is known as a Driver Responsibility Assessment or “DRA.” This assessment is imposed whenever a driver accumulates six or more points on his or her driving record within an 18-month period.
If you fit into the above criteria, the Department of Motor Vehicles will require you to pay a fine of $100.00 per year for three years, plus $25.00 for each additional point accumulated during that 18-month period. A driver who fails to pay the additional fines will have his/her license suspended. Additionally, completing a point reduction course such as Defensive Driving will not reduce the number of points for purposes of the DRA.
If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, after which your license may be suspended or revoked. You will be offered the option of waiving the hearing or accepting a definite period of suspension.
As you can see, getting a speeding ticket has become an expensive proposition in New York State. An attorney, however, may be able to minimize the number of points added to a motorist’s driver’s license by getting his/her speeding ticket reduced to a lesser violation or possibly even obtain a dismissal.