In New York State the rules of the road are contained in the Vehicle and Traffic Law. If a person is convicted of breaking one of these rules, it can have serious consequences which include fines, possible jail time, points on a driving record and in some instances, a criminal conviction.
Points, by definition, are a way for the DMV and police to keep track of a person’s driving violations in New York. Each moving violation carries with it a number of points if convicted. Whenever a person is convicted, the DMV adds the required amount of points to a violator’s driving record. Point values range from 2 up to 11, for each individual violation. If a driver accumulates 11 points or more in an 18 month period, the DMV is permitted to suspend a person’s driver’s license.
On top of potential suspensions, there are insurance implications too. If a driver accumulates points on their driving record, auto insurance companies will view that person as high risk, making it more expensive for that person to keep or obtain insurance.
Below is a summary of the more serious traffic infractions, each carrying with it 5 points or higher for a conviction. Some of these also carry qualify as misdemeanor offenses.
•Reckless Driving – 5 Points and Misdemeanor
•Unsafely Passing a School Bus – 5 Points
•Talking on Cell Phone While Driving – 5 Points
•Texting on Cell Phone While Driving – 5 Points
•Using Cell Phone In Any Way Whatsoever While Driving – 5 Points
•Speeding More Than 20 mph Over Speed Limit – 6 Points
•Speeding More Than 30 mph Over Speed Limit – 8 Points
•Speeding More Than 40 mph Over Speed Limit – 11Points
Points can add up fast, and the magic number that must be avoided is 11 points in an 18 month period, or three speeding convictions in 18 months. For instance, if a person gets caught going 76 mph on 787 while talking on a cell phone, that person has just committed traffic infractions totaling 11 points and his/her driver’s license may be suspended!
At LaMarche Safranko Law, we represent individuals accused of serious driving infractions. If you have any questions or would like to know your rights, please contact us.