Category: Traffic Law

What are Points on your license and what does it mean? 

In New York, traffic tickets referred to as “moving violations” often come with points attached to any conviction. Receiving 11 points or more within an 18 month period, will result in a license suspension or revocation by the Department of Motor Vehicles (DMV). Certain moving violations such as speeding 40 MPH over the posted speed limit carry 11 points and can result in a suspension by themselves.

A conviction of certain traffic violations and the accumulation of points can also affect your insurance rate. NY Insurance Law lists multiple scenarios that allow an insurance carrier to raise your rates.

ISC § 2335

No insurer authorized to transact or transacting business in this state, or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting business in this state, which sells a policy providing motor vehicle liability insurance coverage in this state shall increase the policy premium in connection with the insurance permitted or required by this chapter solely because the insured or any other person who customarily operates an automobile covered by the policy:

(b) has been found guilty of a traffic infraction under any of the provisions of the vehicle and traffic law provided, however, that this provision shall not apply to a conviction for a violation which occurred during the thirty-six month (3 year) period ending on the last day of the fourth month preceding the month of the effective date of the policy if such conviction consisted of:

(1) operating a motor vehicle at a speed of more than fifteen miles per hour in excess of the legal limit;

(2) operating a motor vehicle in excess of the speed limit, or in a reckless manner, where injury or death results therefrom;

(3) operating a motor vehicle in excess of the speed limit, or reckless driving, or any combination thereof, on three or more occasions;

(4) operating a motor vehicle while intoxicated or impaired by the consumption of alcohol;

(5) operating a motor vehicle while impaired by the use of a drug, within the meaning of section one thousand one hundred ninety-two of the vehicle and traffic law;

(6) homicide or assault arising out of the use or operation of a motor vehicle, or criminal negligence in the use or operation of a motor vehicle resulting in the injury or death of another person, or use or operation of a motor vehicle directly or indirectly in the commission of a felony;

(7) operating a motor vehicle while seeking to avoid apprehension or arrest by a law enforcement officer;

 

(8) filing or attempting to file a false or fraudulent automobile insurance claim, or knowingly aiding or abetting in the filing or attempted filing of any such claim;

(9) leaving the scene of an incident without reporting;

(10) filing a false document with the department of motor vehicles, or using a license or registration obtained by filing a false document with the department of motor vehicles;

(11) operating a motor vehicle in a race or speed test;

(12) knowingly permitting or authorizing an unlicensed driver to operate a motor vehicle insured under the policy;

(13) operating a motor vehicle insured under the policy without a valid license or registration in effect, except when the person convicted had possessed a valid license or registration which had expired and was subsequently renewed, or during a period of revocation or suspension thereof, or in violation of the limitations applicable to a license issued pursuant to article twenty-one or article twenty-one-a of the vehicle and traffic law;  or

(14) two or more moving violations of any other provision of the vehicle and traffic law;

A conviction for a traffic ticket can have significant consequences beyond the fines and surcharges imposed. You should never plead guilty to any traffic ticket you receive before you speak with a lawyer. The attorneys at Fox Law Firm, PLLC have years of experience dealing with traffic violations throughout Suffolk County. We will utilize our experience to fight for you and get the best results possible.  Call us at 631-779-3400 or visit our contact page for more information.