Holding Court is a new series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
What topics do you want addresses by Judge Latwin? Tell us.
By Joe Latwin
Get to the point(s)
If you receive a traffic infraction conviction in the state of New York, the Department of Motor Vehicles will assign points according to the severity of the violation. Most Vehicle & Traffic Law violations have points associated with them. Points are determined by the Department of Motor Vehicles and cannot be changed by the Court or the Corporation Counsel.
Most equipment violations, license registration, insurance, adult seat belt violations, and parking violations do not carry points. You will be assessed the points that correspond to the violation you either plead guilty to or are found guilty of after trial. If you get 11 points or 3 speeds in 18 months, your privileges to drive will be suspended by NY State. The suspension period begins from the date of the violation. After 18 months, points for that violation may still appear on your record but will no longer count towards the total.
If you accrue 6 or more points in 18 months a drivers’ responsibility assessment fee is imposed by DMV – $300 for the first six points and $75 for very additional point. Failure to pay the drivers assessment fee will result in suspension of your license.
Each time points are added to your license, insurance premiums may also be affected. Most insurance companies have internal point systems to calculate your premiums, so be sure to check with your own insurance provider if you have received points on your driving record. Certain 5-point violations – reckless driving, using a cell phone or personal electronic device, railroad crossing violations, or passing a school bus, may be considered in determining if your license may be revoked for life, upon certain DWI convictions.
Most other moving violations carry 3 points. Speeding carries 3 points for speeds up to 10 miles per hour over the posted speed, 4 points for speeds 11-20 miles over for speeds limit, 6 points for speeding 21 to 30 mph the speed limit, 8 points for speeds 31 to 40 mph over limit, and 11 points for speeds more than 40 mph over limit. If you get caught and convicted of going 96 on I-95 or 71 mph on local Rye streets, you will accrue 11 points and lose your license.
You may take a defensive driving course that can remove up to 4 points. These courses are even available online now. However, the program will not prevent or reverse: Mandatory suspensions; Revocations; Payment of driver responsibility assessment fees; or Point violations which occur in the future.
I hope you didn’t get the point(s).
