How long do driving points stay on my record in New York State?
Believe it or not, the points you get from receiving a NY traffic ticket will remain on your driving record (i.e. driver’s abstract) for 39 months. For a list of the number of points assigned for speeding in NY click here.
However, points will only be cumulative for 18 of those months. This means that all of the points you receive within an 18 month time span will count toward your license being suspended while all the points you get after the 18 months will count for a new cycle.
For example, if you receive 10 points during the course of 7 months and 2 months later you receive another point, your license will be suspended. (Remember, if you receive 11 or more points within 18 months, your NY driving privileged will be suspended.) However, if you receive that eleventh point two years later (i.e. after the 18 month time span), you will be off the hook when it comes to having your license suspended. Nevertheless, that one point will begin a new cycle. As such, if you were to receive 10 points within 18 months of getting that last point, then your license will be suspended.
Dirty Little Secret About Car Insurance Hikes
We know what you might be thinking: “Who cares if points are on my record for 39 months? I am not going to get suspended because they are outside the 18 month time span.” The dirty little secret is that car insurance companies do not follow New York’s 18 month rule.
Car insurance companies will raise your rate based on the total number of points they find on your record in addition to the kind of offenses it contains.
In other words, if your driving abstract indicates that you were convicted of speeding in NY four times, reckless driving three times, and DUI/DWI once (and these offenses all happened within 39 months), you are well above the 11 points and likely had your driving privileges suspended at least once already.
However, after that suspension you might have thought, “No big deal.” After all, for suspension purposes, you get a fresh 18 months, right? That line of thought completely neglects the fact that these offenses will stain your driving record for much longer.
At the end of the day, your car insurance rates are going to go through the roof.
Who Puts the Points on My Driving Record?
When you are convicted of a traffic violation in New York State that carries points, the Department of Motor Vehicle (DMV) will automatically assign the points to your driving record, not a judge. This subtle difference actually matters because many people think they can plead guilty “with an explanation.” They wrongly believe that the judge will have mercy on them and decide to reduce or eliminate the points even though the pled guilty.
In reality, a judge cannot do this. A judge can only reduce the offense that you might be found guilty of if you plead not guilty and fight the charges or negotiate with the prosecutor. Once a person is convicted of a traffic-related offense, the court sends a record of the conviction to the DMV and the DMV takes care of applying the points.
Who Should You Contact?
If any of this seems a little complicated, make sure to contact Adam H. Rosenblum of The Rosenblum Law Firm. He will be able to help you better understand what you are facing. Remember, when you hire an experienced NY traffic ticket attorney like Mr. Rosenblum, you are getting years of experience that will help you get the results you seek. Call him today at 888-883-5529.