***Did you get a reckless driving ticket in NY? We can help with the non-criminal penalties associated with reckless driving traffic tickets. Click here to learn more.
A single conviction for reckless driving in NY can end your days behind the wheel for good. All it takes is one mistake or one poor decision and you could end up facing tickets with steep financial penalties. You could even go to jail. Fortunately, the information in this article can help give you an edge when it comes to fighting reckless driving charges in New York.
This article is meant to serve as a guide for reckless driving in NY. Each section includes practical answers to real questions that you might have. We will also walk you through all of the penalties that come along with a reckless driving conviction. But first, let’s talk about what reckless driving actually is.
What Is Considered Reckless Driving in NY?
In New York State, all traffic-related laws are contained in the Vehicle and Traffic Law (NYS VAT). Section 1212 of the NYS VAT covers reckless driving, including its definition and its penalties.
Reckless driving shall mean driving or using any motor vehicle, motorcycle, or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway or endangers users of the public highway. (NYS VAT §1212).
If you’re not a lawyer, it can be pretty difficult to understand that big block of text. Let’s break it down into words that are easier to understand. To do so, you should focus on the last bit: “interferes with” or “endangers users of the public highway.” Here are a few examples of what that means:
- Speeding and driving off of the road.
- Crashing through established barricades.
- Crossing into oncoming traffic at a high speed.
- Swerving in and out of lanes at high speeds.
Reckless driving is a primary violation in NY, which means police officers can pull you over for it. Once they do, you’ll find yourself face to face with steep penalties.
What Are the Penalties for Reckless Driving in New York?
The penalties for reckless driving in New York are quite severe. You could wind up paying thousands of dollars, going to jail for months, losing your license, and more. Here’s a table that shows only a few of the potential penalties:
| Number of Convictions within 18 Months | Potential Jail Time | Potential Fine and Surcharge | Cumulative Points |
| One | 30 Days | $393 | 5 |
| Two | 90 Days | $618 | 10 |
| Three | 180 Days | $1,218 | 15 |
Reckless driving is more than just a traffic ticket; It’s a criminal offense. As with any criminal offense, a conviction can leave you with a criminal record. That’s on top of all the other penalties.
Criminal Record
In New York, reckless driving is a misdemeanor offense. In other words, it’s a crime. Crimes in New York are broken down into a series of other categories. These categories range in severity from traffic infractions to felony traffic violations.
Traffic infractions are simple violations like not stopping at a stop sign or making an improper turn. Infractions tend to come with mild penalties. Felony violations are the worst of the worst. These violations include vehicular homicide and aggravated vehicular assault.
In between infractions and felonies are misdemeanors. Misdemeanors are the middle of the road when it comes to criminal violations in New York. And reckless driving is a misdemeanor. Misdemeanors come with serious fines, fees, and other penalties.
And, of course, with a criminal record comes the potential for jail time.
Jail Time
Any conviction for a misdemeanor in New York can send you to jail. Reckless driving is no different.
A single conviction for one of these violations can send you to jail for up to 30 days. That’s long enough for most people to lose their jobs, run into debt, and possibly get evicted. To make matters worse, the penalties grow in severity with each conviction.
A second conviction for reckless driving in New York can send you to jail for up to 90 days. That means three full months of jail time. A third violation can put you away for six solid months.
Once you get out of jail, you’ll still have to pay high fines, fees, surcharges, and other financial penalties.
Fines
Fines for misdemeanor traffic violations in New York are some of the worst. Although not quite as expensive as felonies, misdemeanors can be almost ten times more expensive than infractions.
For a first-time reckless driving conviction, you’re looking at a maximum fine of $300. The court can decide on a lower fine, if you manage to convince the judge and jury that you deserve reduced penalties. It is possible to avoid paying any fines by getting your charges dismissed. Lawyers can help with that.
The second time you’re convicted of a reckless driving charge won’t be so easy. The maximum fine will increase to $525 and your dirty driving record will make it hard to negotiate that down.
If you manage to get a third conviction for the same offense, the maximum goes up to $1,125. That’s before any surcharges.
Surcharges
Surcharges are extra fees that you have to pay after being convicted of a traffic violation in New York state. These surcharges vary from place to place. Depending on where you get your ticket, you could be facing a surcharge of either $88 or $93.
This fee is in addition to any fines that you’ll have to pay. Since surcharges only apply after conviction, many people don’t ever see them coming. Even so, they can increase the cost of a first-time reckless driving conviction by 31%.
That’s already an additional $93 on top of your $300 fine and it’s not the only fee you’ll have to watch out for.
Driver Responsibility Assessment Fee (DRA Fee)
The Driver Responsibility Assessment Fee, DRA for short, is one of the worst fees in the state. It can end up costing you hundreds of dollars before it runs its course. Unfortunately, the only way to avoid the DRA fee is to have your ticket dismissed.
The DRA fee is a point-based surcharge intended to penalize bad driving behavior. It kicks in on your sixth point, meaning that a single reckless driving violation isn’t enough to trigger it. However, all you’ll need is one more point.
Once you reach six points on your license, you’ll have to pay $100 each year for three years. For each point on your license above six, you’ll have to pay another $25. If you have two reckless driving convictions, for example, you’ll have to pay $200 each year for three years. That’s a total of $600 in extra fees.
Since the DRA fee is dependent on the number of points on your license, it’s important to know how many points a reckless driving conviction is worth.
Points
Points on your license are like points on a golf course; You want as few as possible. Since a single traffic ticket for reckless driving is worth five points, you’ll want to steer as clear from them as you can.
Points can quickly add up. Many of the most common traffic tickets in New York are worth at least two points. That might not seem like a lot, but you have a very high chance of getting at least one traffic ticket each year.
In fact, New York’s many police officers issue almost four million traffic tickets each year. That’s a lot of points to go around. To make matters worse, having too many points on your license can lead to the suspension or revocation of your driver license.
Risk of License Suspension
If you’re a probationary driver and a court finds you guilty of reckless driving, it will suspend your license for a minimum of 60 days. That’s a mandatory minimum according to New York State’s Guide to Suspension and Revocation of Driving Privileges.
The most common way to get your license suspended is to get more than 11 points within an 18-month period. The moment your license hits 12 points, the Department of Motor Vehicles will suspend it.
Another potential penalty is the outright revocation of your license. Whether your license is suspended, revoked, or neither depends on the judge’s opinion of your case. If you have a bad driving record and don’t present your case well, the judge can revoke your license entirely.
Whether your license is suspended or not, your insurance is likely to increase substantially.
What Does Reckless Driving Do to Insurance?
Insurance increases following a reckless driving conviction are some of the worst in the country. According the The Zebra’s 2019 State of Auto Insurance report, reckless driving is in the top five violations that increase your insurance premiums.
The study found that a single conviction caused car insurance premiums to rise by an average of 70.4%. In New York, the average a person pays for car insurance is $1,688 and insurance providers can see the last four years of your driving record abstract. In other words, your insurance premiums could rise by 70.4% for up to four years.
That’s a total cost increase of $4,754, just about $1,188 each year. One conviction can cause your insurance premiums to almost double. Factor in the $300 fine, $93 surcharge, and potential DRA fee, and you’re spending thousands of dollars for one traffic ticket.
To make matters worse, a reckless driving conviction can even prevent you from getting the job you need to pay these costs.
Can I Get a Job with Reckless Driving?
Reckless driving is a misdemeanor offense. As with all misdemeanor offenses, you are required to tell any potential employer that you have a criminal record, if they ask. Employers are allowed to reject your application if the crimes that you’ve committed directly relate to the work that the job entails.
For example, if you want to be a trucker, taxi driver, or other driving-related professional, your employer can reject your application based on your criminal driving record. Many employers make a habit of checking their applicants’ driving records before letting them behind the wheel of a company car.
That being said, your employer cannot discriminate against you for your criminal record if your crimes have nothing to do with the job for which you’re applying. For example, if you were convicted for reckless driving, you could still attempt to get a job in an office as long as you’re not driving as part of the job.
When faced with the potential for a reckless driving charge to ruin your career, you should consider getting the charges reduced if not dismissed.
Can a Reckless Driving Charge Be Reduced?
Reckless driving charges can be reduced in one of two ways. Either you could have the charges dismissed in court or you could plea bargain them down to lesser charges.
A dismissal means that the charges are reduced to nothing and that you get away scot free. This is the best possible option. It means no fines, no fees, no penalties of any kind.
Plea bargaining is also a good option in the few places where it’s allowed. The problem is that it’s not allowed in all New York counties. It’s also not as effective as a dismissal, since you’ll have to plead guilty to the lesser charges. That guilty plea will then stay on your record forever.
How Long Will a Reckless Driving Charge Stay on Your Record in NY?
You have two records in New York: Your driving record and your criminal record. Reckless driving convictions stay on your driving record until the end of the year plus another three years. After that period, they’re no longer visible on your record. However, the criminal conviction can stay on your criminal record for the rest of your life.
The only way to ensure that your record stays clean is to successfully defend yourself against the reckless driving charges. Of course, this takes quite a bit of time and legal acumen.
Common Defenses to NY Reckless Driving Tickets
Reckless driving is not just negligence, it means actively disregarding the safety and wellbeing of other people who are legally using the road. In order to secure a conviction, the prosecutor must prove that your actions involved the interference or endangerment of other people legally using the road.
The prosecution must also prove that there were multiple violations occurring simultaneously. That means showing that you violated more than just one rule of the road. An example would be that you were swerving in and out of lanes, speeding, and driving off the road.
Because the prosecution must prove all of that in order to convict you, a good defense might be to focus on one factor and reject it entirely. For example, your attorney might claim that there were not additional violations that took place past the reason the officer pulled you over. That could mean that you were speeding, but not swerving or driving off the road.
Another possible defense is to claim that you weren’t driving recklessly. This sounds obvious, but it’s more challenging than you might think. For this defense to work, you’ll need to prove that you were not driving in a way that interferes with or endangers people who were lawfully using the road.
If neither of these cases resonate with your attorney, it might be time to start looking for a plea bargain. That means negotiating with the prosecutor to trade a guilty plea for reduced penalties. Whatever the result of this case, New York is likely to report it to whichever state issued your license.
Will a Reckless Driving Charge in NY Affect an Out-of-State License?
A common belief is that you can’t get points for a traffic ticket that occurred in a different state. That’s just plain false.
New York is one of 45 states that adhere to the Driver License Compact. This is an agreement between states to report violations that occur in their states, especially those regarding drivers licensed in other states.
So, the answer to the above question is, “Yes.”
The exact penalties that you may face in your home state vary depending on which state is your home state. If you live in New Jersey, for example, state law demands that you get five points on your license. Like a few states, however, those points may be reduced depending on the nature of your crime.
Criminal records may also be reported to other states, including warrants for your arrest.
The reverse is also true. Traffic tickets received in other states can also impact your NY license. The only exception to this rule is if you are able to get your traffic ticket dismissed. The WinIt app can help you do just that.
How AppWinIt Can Help You Fight Your Reckless Driving Charge in NY
WinIt is a smartphone app that helps connect you with qualified lawyers and expert traffic ticket attorneys. These attorneys are well-trained in protecting you from the non-criminal penalties associated with reckless driving traffic tickets.
We use high-tech algorithms and “robots” to help get you the legal help that you both need and deserve. Our proven track record has already saved drivers millions of dollars with a 97% success rate in the state.
When a cop gives you a ticket, give it to WinIt and let us win it!
