Q. I received a speeding ticket for going 80 miles per hour in a 65 zone. How many points will I receive if I am convicted of this violation?
A. Speeding point violations are calculated in miles per hour (MPH) over the posted speed limit.
For example, a driver who is ticketed and convicted for traveling 80 mph in a 65 mph zone, will be assessed 4 points on their NYS driver’s record.
Q. I received a ticket for running a red light? How many points will appear on my record if I am convicted?
A. Just like speeding violations, common traffic tickets are also assigned points.
|Failure to stop for a school bus||5|
|Following to closely||4|
|Changing lanes unsafely||3|
|Driving left of center||3|
|Driving in the wrong direction||3|
|Failure to obey traffic signal||3|
|Failure to stop for a stop sign||3|
|Failure to obey yield sign||3|
|Railroad crossing violation||3|
|Failure to yield right of way||3|
|Child seatbelt violation||3|
|Disobey traffic control device||2|
In this example, 3 points would be posted on your driving record if you were convicted of the original charge.
Q. What happens if I get too many points or multiple speeding ticket convictions?
A. According to the New York State Department of Motor Vehicles, (DMV), Your license will be revoked if you are convicted of 3 speeding tickets within an 18 month period.
If you accrue 11 or more points on your driving record with an 18 month period, the DMV will suspend your driving privileges.
The 18 month period is calculated based on the date of violation.
Q. I was issued a speeding ticket for 87 miles per hour in a 65 zone. Besides the Court fines, will I have to pay the NYS Driver’s Responsibility Assessment if I am convicted of this violation?
A. Yes. For tickets issued on or after November 18, 2004, drivers convicted of multiple point violations may be subject to a Driver’s Responsibility Assessment by the DMV. If the driver is convicted of six or more points for violations they received within an 18 month period, he or she may be subject to an annual fee of $100.00 for three years. The fee may be greater, if the total number of points is greater than six.
Here the 87 in a 65 zone is 6 points, so the Driver’s responsibility Assessment for this violation alone would be $300.
Q. I am from out of state and I received a speeding ticket. The ticket does not state the fine amount on it? How much do I owe?
A. In NYS, all speeding and traffic violations are based on a 2 step system. The first step is to enter the plea of guilty or not guilty. A guilty plea will generate a fine amount due from the Court. If you enter a not guilty plea, the Court will send you a letter to appear for a Pre-Trial Conference to discuss a plea disposition. When the matter is resolved after a negotiation or a trial, the Court will set the fine amount. The Courts have a certain amount of discretion in setting the fine amounts which allows the Judge to take into account each person’s particular situation.
Q. If I a receive a speeding or traffic ticket, do I need to go to Court?
A. In many cases your appearance is not required in Court. You can enter your not guilty plea by mail and appear in Court for your Pre-Trail Conference or you can hire a lawyer to appear for you with a signed a formal “waiver of appearance”.
As stated on the traffic summons, serious offenses such as reckless driving, aggravated unlicensed operation or driving while intoxicated require an appearance.
Q. What should I do if I get a speeding ticket in New York State and my driver’s license is from another state?
A. Do not plead guilty. Fight the ticket. Many states participate in an interstate compact, which allows the points from New York to appear on your home state driver’s record. If traveling back to New York is not possible or costly, consider contacting a local attorney to represent you. See my driver’s licensed outside NY page for more information.
Q. I lost my ticket and I think I missed my Court date, what should I do?
A. Try to locate the area in NYS where you think you received the ticket. Once you have narrowed it down to a particular County, start calling each Court in the County until you have found the right one. Some Courts are only open on certain days or night of the week. See my Speeding & Traffic Ticket Attorney page for a list of Town Courts by County in the Upstate New York Area. You really need to find the Court right away as the Court will be sending the NYS DMV a Notice to Suspend Your License once you miss your Court date!