Frequently Asked Questions

How does the point system operate in New York State?

A. The "point system" is a method which the New York State Department of Motor Vehicles uses to assess a relative value to offenses, and to punish a license-holder for repetitive behavior; e.g., speeding. Among other penalties, a motorist will have their New York license (or, "privilege," to drive in New York if out-of-state motorist) if they are convicted of 11 or more points within an 18 month period (running from the date of issuance of the ticket). A motorist’s license shall be revoked if they are convicted of 3 or more speeding offenses (or misdemeanor offenses) within an 18 month period.

A.   The customary fines and surcharges concomitant with a speeding ticket conviction (VTL 1180(a) et seq.) range from $45 to $600 for a first-time speeding offense (and sur-charges of $50 - $55).   Of course, the fines climb significantly (up to $1,575) if the motorist has one or more speeding convictions within the preceeding eighteen months.  In addition, a new penalty will be imposed by NYS DMV called the New York Driver Assessment once six points are accumulated on a motorist's record (even if the motorist took the driver safety course).

Also, bear in mind that each traffic ticket may cause your insurance premiums to increase dramatically, or even be canceled.

What is the New York Driver Assessment?

Under the New York Driver Assessment Program, this new assessment is penalty a motorist must pay to the NYS DMV $100 (plus, $25 annually for 3 years for each additional point) to $250 annually for three years if a motorist:

a. incurs 6 or more points on their driving record; or

b. refused to take a chemical breath test; or

c. is convicted of an alcohol-related traffic violation, or

d. is convicted of a drug-related traffic violation.

A. There are five elements in a speeding case. They are:   1. Identification,   2. Operation,   3. Vehicle,   4. Jurisdiction,  and   5. the Specific speed.

The People are required to prove all of the above elements by proof beyond a reasonable doubt. The failure to establish any one or more of the above elements requires a dismissal of the charge.   However, in the local justice courts where pressure for expedited justice is sometimes meted out from the bench, it takes a thorough knowledge of the law and procedure to protect a defendant's rig

 Do I have to appear in court if I hire an attorney to represent me?

Generally no.  The client does not need to appear if he or she signs a proper authorization.  In that case, the attorney "steps into the shoes" of the motorist and can take any action the defendant could, including trying the case or pleading to a reduced charge.  However, there are some judges in Westchester County whol require a defendant to appear personally with counsel on speeds exceeding 100 miles per hour.  Therefore. in most cases you can avoid spending hours in court (sometimes an entire day) by having your attorney appear on your behalf.  Some might say this fact alone "is worth the price of admission."