I don’t understand how a Court put points on my license for a traffic ticket. They gave me the fine, but they did not mark down any “points” on my license, yet my attorney said that I will get points on my license. Can you explain?
It is not the Courts that place points on your license, it is the Department of Motor Vehicles. They have established a point system to keep tract of “persistent violators”. A person who continually violates the traffic laws risks a suspension or revocation of their license. Each traffic offense, that is a moving violation (not a parking ticket) is assessed different point levels. When a driver has accumulated 10 points in 18 months the DMV sends the driver a warning letter indicating that they are considered at risk of losing their license. They will suggest that the driver attend the “point reduction/defensive driving” class. By attending the class the driver can have 4 points removed from their license.
If the Driver continues on a trend of accumulating points, then DMV will suspend their drivers’ license for a specific period of time. This may be from 90 days up to one year. Points are accumulated as follows:
speeding tickets:
if you are more than 1 to 10 mph over the limit 3 points
if you are more than 11 to 20 mph over the limit 4 points
if you are more than 21 to 30 mph over the limit 6 points
if you are more than 31 to 40 mph over the limit 8 points
if you are more than 40 mph over the limit 11 points
Reckless driving (which may also be a misdemeanor) 5 points
passing a stopped school bus 6 points
tailgating 4 points
failing to yield the right of way 3 points
running stop sign, traffic light or yield sign 3 points
railroad crossing violations 3 points
improper passing or lane use 3 points
leaving a scene of an accident 3 points
failing to have a child in a child safety restraint 3 points
inadequate brakes 4 points
any other moving violation 2 points
use of a cell phone while driving 5 points
use of any electronic device while driving 5 points
Now you may also think that “if I have too many tickets, I will just wait until the 18 months goes by, then I will plead to the other tickets and I won’t have my license suspended”. Wrong. The points are assessed on your license as of the date of the violation not the date that you actually plead to the ticket, or are found guilty of the ticket charge. DMV set this up so a person specifically can not manipulate the system.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522 or cklaw@verizon.net.