Q. How many points do I get on my license before it is suspended or revoked?
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.
Bear in mind that each individual traffic ticket may cause your insurance premiums to increase dramatically, or even be canceled.
Q. How many points am I facing for my ticket(s)?
A:. The following is a point chart for commonly charged vehicle and traffic offenses in New York :
TRAFFIC OFFENSE
Speeding (mph over posted limit)1 to 10
11 to 20
21 to 30
31 to 40
More than 40
Failure to stop at stop sign
Following too closely (tailgating)
Passing through a red light
POINTS
3
4
6
8
11
3
4
3
Q. What does the prosecution have to prove to convict me of speeding?
A: There are five elements in a speeding case. They are:
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.
Q. Do I need to hire a lawyer?
A: As a former Town Prosecutor, I prosecuted over 2,500 vehicle and traffic cases. As a defense attorney, I have defended hundreds of people charged with various traffic related offenses. I attend seminars on traffic offenses and I study changes in the pertinent case law. No one can honestly guarantee you a result, however, I can say without hesitation that I have an excellent record and persons from all walks of life seek out my services to help them. So while the technical answer is “no,” if you wish to optimize your chances of removing or minimizing the consequences of a traffic offense – you decide who has a better chance of getting a the best result.
