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In this article we will answer the most common questions about getting points on your license in NY.
How many points you’ll get depends on what the court convicts you of. Each violation has its own point penalties and some of those penalties are more severe than others.
If you are not careful these points can lead to a suspension of your driver license.
How Do I Get Points On My License?
The Department of Motor Vehicles (DMV) uses what’s called a point system. The DMV’s point system adds points to your license based on the severity of the violation for which the court convicts you. That is to say that you get points on your license after a traffic ticket conviction.
The most common traffic violations are for speeding. A single speeding ticket can add up to 11 points on your license. That’s enough to have your license suspended or revoked all in one shot.
In order for any points to show up on your license, the court has to convict you. Once the judge renders a conviction, the court will send that information to the state DMV. The state DMV will then report that information on your driving record. The DMV may also report a conviction to other states in which you are licensed to drive.
But not all traffic tickets are treated the same. The number of points that the DMV assigns to a conviction depends on the nature of the violation.
Number of Points Assigned for Traffic Violations in NY
Traffic violations in New York can add up to 11 points on your driver license. The DMV’s point schedule determines how many points it will assign after a traffic violation conviction.
The table below contains the statute code, a brief description of the violation, and how many license points the violation is worth. The statue code refers to the section and subsection of the Vehicle and Traffic Law. Here are some of the most common violations that can add points to your license:
| Statute | Violation Description | Points |
| §375.1(a) | Inadequate Brakes (Misdemeanor Offense) | 4 |
| §375.3 | Failure to Dim Headlights | 2 |
| §375.29(a) | Improper Towing/More than One Vehicle | 2 |
| §375.29(c) | Towing Connection Longer than 16 Feet | 2 |
| §375.29(d) | No Licensed Driver in Towed Vehicle | 2 |
| §381.1(a) | Inadequate Brakes on a Motorcycle | 4 |
| §600 | Leaving the Scene of an Accident | 3 |
| §1102 | Failure to Comply with a Lawful Order | 2 |
| §1110 (a) | Failure to Obey Traffic Control Device | 2 |
| §1110 (a)(1) | Passed Green Arrow | 3 |
| §1111 (d)(1) | Passed Red Light | 3 |
| §1111 (a)(1) | Passed Red Arrow | 3 |
| §1120 (a) | Failure to Keep Right | 3 |
| 1122 | Improper Lane Change | 3 |
| 1122-a | Overtaking a Bicycle | 3 |
| 1123 (b) | Left Pavement to Pass on Right | 3 |
| 1124 | Unsafe Passing | 3 |
| 1125 (a)1 | Drove to Left on Hillcrest or Curve | 3 |
| 1127 (a) | Drove Wrong Way on a One Way Street | 3 |
| 1128 (a) | Unsafe Lane Change | 3 |
| 1129 (a) | Following Too Closely (Tailgating) | 4 |
| 1140 | Failure to Yield Right of Way at Intersection | 3 |
| 1141 | Failure to Yield Right of Way–Oncoming Traffic | 3 |
| 1143 | Failure to Yield Right of Way–Pedestrians | 3 |
| 1163 | Failure to Signal Lane Change | 2 |
| 1172 | Failure to Stop for a School Bus | 5 |
| 1174 | Failure to Stop at Stop Sign or Flashing Red Light | 3 |
| 1180 (a) | Unreasonable/Imprudent Speed | 3 |
| 1180 (b) | 1 – 10 mph over speed limit | 3 |
| 1180 (b) | 11 – 20 mph over speed limit | 4 |
| 1180 (b) | 21 – 30 mph over speed limit | 6 |
| 1180 (b) | 31 – 40 mph over speed limit (possible suspension) | 8 |
| 1180 (b) | More than 40 mph over speed limit (possible suspension) | 11 |
| 1212 | Reckless Driving (Misdemeanor Offense) | 5 |
How Long Do Points Stay on Your License in NY?
In NY, points will stay active on your license on your license for 18 months.
For example, if you got two points in March and three points in June you will have five points on you license.
Any conviction that is older than 18 months is not counted towards your point total.
However, insurance companies can see up to the last four years of your driving record abstract. For that entire time, your insurance company can see the conviction and may raise your rates.
How Many Points Will Suspend My License?
The DMV will suspend your license if you get 11 points within an 18-month period. That can be from any number of traffic violations. Whether you get one ticket worth 11 points or three worth four points, your license will be suspended.
Of course, the number of traffic ticket convictions you have is still something to be considered. If you are convicted of three or more moving violations within an 18-month period, the court will suspend your license. That’s true even if you have less than 11 points.
For example, three five-miles-per-hour speeding tickets will only be worth nine points. However, you can still have your license suspended because of those three tickets.
Another thing to worry about is the Driver Responsibility Assessment (DRA). The DRA comes with heavy fees for anybody who gets more than five active points on their license. Failure to make the minimum payment for this fee can result in the suspension of your driver license.
If your license is ever suspended, it will remain on your record for years to come.
How Long Does a Suspension Stay on a Driving Record?
How long a suspension stays on your driving abstract depends on what the suspension is for. Administrative review suspensions, such as those due to a medical issue, can be removed from your record when you bring the right evidence to the court. Other kinds of suspensions are not so simple.
Most driver license suspensions and revocations will only remain visible on your abstract for four years. That includes suspensions and revocations due to points, multiple violations, and failure to pay DRA fees.
However, certain alcohol – or drug-related suspensions can stay active for even longer. For example, suspensions caused by a person’s refusal to submit to a blood alcohol content (BAC) test will remain visible on your abstract for five years.
Just because a suspension is removed from your abstract does not mean that it is removed from your record. Once up to five years have passed from the date of conviction, your insurance provider will no longer be able to view the suspension/revocation.
What Happens if You Get Caught Driving with a Suspended License?
If you get caught driving with a suspended license, you can go to jail for up to 30 days. The New York State Vehicle and Traffic Law refers to this crime as Aggravated Unlicensed Operation.
The minimum fine for Aggravated Unlicensed Operation is $300. The maximum fine is $500. Upon conviction, you will also be required to pay a mandatory surcharge of either $88 or $93. The value of the surcharge varies depending on the location in which the violation occurred.
A conviction for Aggravated Unlicensed Operation can send you to prison for up to 30 days, giving you a permanent criminal record. This conviction will also go on your permanent driving record, which might prevent you from renewing your license.
In other words, if you get caught driving with a suspended license, you may be facing any or all of the following penalties:
- Between $300 and $500 in fines.
- At least $88 in surcharges.
- Potential insurance increases.
- Up to 30 days in jail.
- Other civil penalties.
The DMV has a service called “My License, Permit or ID.” You can use this service to check the validity of your driver license. This will also help guide you toward the next steps in fixing a point-based suspension.
How Do I Get Points off My License in NY?
Points stay on your license after a conviction in NY until 18 months have passed. Those points then become inactive points, which can stay visible on your driving record abstract for up to four years. Even when the points are no longer visible on your abstract, they will remain on your permanent record.
There are three common methods for removing points from your driver license in New York. The first is through the court, namely appeals and motions. These are legal processes in which you or your attorney dispute the ruling of the court.
The second method is to take a defensive driving course through the state’s Point and Insurance Reduction Program (PIRP). These courses are designed to improve your skills as a driver. They come with the added benefit of a mandatory 10% decrease in your insurance premiums upon successful completion.
You can use the MyDMV portal to check for active points on your license.
Appeal or Motion
How long do points stay on your license in NY? If you get the charges dismissed in court, the answer is “never.” In court, you have a few moments to argue your case and hope for the ticket to be dismissed. One such argument involves the motion for dismissal.
This motion tells the judge that you think the case has no legs to stand on. It begins the formal process of the judge examining the evidence and deciding whether to go through with the hearing. If the motion succeeds, your case will be dismissed. If not, the case will go on as planned.
A common misconception about traffic court is that the case ends when the judge strikes their gavel. That’s just not true.
After the judge renders a decision, you still have options. You or your attorney can appeal the judge’s decision and take the case to a higher court. This can be a great option if you think the county judge made the wrong decision.
Defensive Driving Course
Defensive Driving Courses are classes designed to provide “knowledge and techniques for safe and lawful driving.” Whether you take a Defensive Driving Course or a Motor Vehicle Accident Prevention Course, you could qualify for New York’s Point and Insurance Reduction Program (PIRP).
New York’s PIRP comes with a long list of benefits. For example, if you complete a PIRP course, you might be able to remove a NY speeding ticket from your license. Other potential benefits are as follows:
- PIRP courses help you become a better driver.
- PIRP courses get you an insurance rate reduction of at least 10% each year for three years.
- PIRP courses help prevent the suspension/revocation of your driver license.
- PIRP courses remove four active points from your license.
It is important to know that your points do not actually come off of your record. When those four points are “removed,” they simply go inactive. That means they cannot count against you for suspensions or revocations. But they do still remain on your permanent record. They will also remain on your abstract for quite some time.
Here is the NY DMV’s list of approved online Point and Insurance Reduction Programs.
Time
Sometimes, there’s not much you can do to reduce the points on your record. In some cases, your only option is to wait it out. The natural lifetime of points on your license is 18 months. After those 18 months, the DMV will remove those points from your driver license.
If you’re wondering how long points stay on your license in NY, the answer is 18 months. As if that weren’t bad enough, those points will stay visible on your driving record abstract for up to four years. Specifically, they stay until the end of the current year plus three more years.
That could mean up to four years of increased car insurance premiums. Fortunately, you have plenty of other options when it comes to removing points from your license. The best option is to hire an attorney to prevent the ticket from ever going on your record in the first place. Another option is to take as many defensive driving courses as you can.
How Many Times Can I Take Defensive Driving in NY?
You can take a defensive driving course once every 18 months. How often you should take a course depends on your personal circumstances. If your driving record includes active points or you are in danger of a suspension, you should consider taking a course as soon as possible. That’s to help reduce your chances of losing your license.
If you have a clean license with no active points, you could be okay taking the course every three years. This will help you maintain your 10% insurance rate reduction and keep up with safe driving education. After all, paying a speeding ticket in NY doesn’t cost nearly as much as repairing a totaled car.
How Do License Points Affect My Insurance Rates?
Any kind of traffic ticket in NY can increase your insurance rates whether they come with points or not. Even zero-point traffic tickets can increase your insurance premiums. That’s because insurance companies can have their own point systems. These point systems may be similar to the NY DMV’s, but they’re often different in many accounts.
For example, an adult seatbelt violation in NY doesn’t add any points to your license. However, according to Zebra’s 2019 State of Auto Insurance Report, seatbelt violations still increase your insurance premiums.
The best way to prevent a New York traffic ticket from impacting your insurance is to fight it. Beating your ticket means no fines, no fees, no surcharges, and no insurance increases. And the lawyers you can find on WinIt average a 97% success rate when it comes to traffic and parking tickets in NY. Bring WinIt your ticket and watch us win it!
