Traffic Offenses

Driving with a suspended license is a crime under New York State Vehicle and Traffic Law § 511, which could result in a misdemeanor or felony conviction and expose you to fines of up to $5,000.00, jail, probation, and even the confiscation of your vehicle. The penalties increase as the number of suspensions you have increases. Each ticket ignored, and each fine not paid counts as a seperate suspension.

A guilty plea or conviction after trial or hearing can lead to the suspension and revocation of your driver license:

• Three Speeding and/ or Misdemeanor traffic violations will result in the revocation of your driver license for at least six months

• Any two moving violations committed during the six month probation period for newly licensed drivers will result in a 60 day license suspension. A single conviction for Speeding, reckless driving, tailgating, racing or other more serious traffic violations will also lead to a 60 day suspension.

• Points — Most traffic violations carry points. Points will be added to your driving record as of the date that the violation occurred, not the date you are convicted. If you accumultate 11 or more iolation points in any 18-month period, your license can be suspended or revoked.

Common Violation Points

VIOLATION:

Speeding (MPH over posted limit):

• 1 to 10 - 3 points

• 11 to 20 - 4 points

• 21 to 30 - 6 points

• 31 to 40 - 8 points

• over 40 - 11 points

VIOLATION:

Reckless driving - 5 points

VIOLATION:

Failure to stop for school bus - 5 points

VIOLATION:

Following too closely (tailgating) - 4 points

VIOLATION:

Failure to yield right-of-way - 3 points

VIOLATION:

Disobeying a traffic control device (e.g. traffic light/signal, Stop or Yield sign) - 3 points

VIOLATION:

Railroad crossing violation - 3 points

VIOLATION:

Improper passing, unsafe lane change - 3 points

VIOLATION:

Leaving the scene of an accident with property damage - 3 points

VIOLATION:

Child safety restraint violation - 3 points

VIOLATION:

Seatbelt - 3 points

VIOLATION:

Cell phone/texting - 5 points

VIOLATION:

Any other moving violation - 2 points

Driver Responsibility Act

Additionally, accumulating 6 points within an 18-month period would result in the assessment of a $300.00 surcharge against you by the New York State Department of Motor Vehicles.  If you receive more than 6 points on your driving record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points.

Point Reduction

By enrolling and successfully completing a New York State approved Driver Point & Insurance Reduction Program, you may be eligible for both an insurance discount and the removal of up to four points from your driving record.

Reckless Driving

Reckless Driving is a serious charge. It's a misdemeanor (crime) covered by § 1212 of the Vehicle and Traffic Law. If you are convicted:

• You face up to a year in jail

• Fines of up to $300.00 for 1st offenders, substantially higher fines for multiple offenders

• You will have a criminal record

• 5 points will be assessed against your NY driving record

• You may face an insurance premium increase

The court also has the authority to suspend your drivers license while the charges are pending pursuant to Vehicle and Traffic Law § 510.

The NYS Department of Motor Vehicles considers this a “Serious Traffic Infraction”. If you hold a Commercial Driver’s License conviction for 2 or more “Serious Traffic Infraction” in a 3 year period results in a 60 day suspension, 3 convictions in the same period results in a 120 day suspension.

We can assist you in negotiations to have the charge reduced to a non-criminal violation, with substantial point reduction, savings in fines, and reduced impact on your insurance or if necessary defend you at trial.

Contact us at (516) 682-8220 as soon as possible.