Traffic Tickets, Points and Penalties | Law Office of James Medows

 

Traffic Tickets, Points and Penalties

Cell phone use & texting

Fines for violations committed between 7/26/2013 and 10/31/2014 
VIOLATION MINIMUM MAXIMUM
First offense $50 $150
Second offense within 18 months $50 $200
Third or subsequent offense within 18 months $50 $400

The surcharge for all violations can be up to $93.

 

Fines for violations committed on or after November 1, 2014
VIOLATION MINIMUM MAXIMUM
First offense $50 $200
Second offense within 18 months $50 $250
Third or subsequent offense within 18 months $50 $450

The surcharge for all violations can be up to $93.

Before July 26, 2013, the fines were:

  • cell phone violation – up to $100
  • texting violation – up to $100

The surcharge for violations that occurred before July 26th was up to $85.

 

Insurance lapses

 

What can cause an insurance lapse?

  • your new insurance begins
  • you surrender your vehicle plates
  • your registration expires
  • ‘other proof’ of insurance (for example, a vehicle registered in another state, or a vehicle repossessed or impounded) is valid
  • your insurance company reinstates your insurance coverage

What will happen if I or my uninsured vehicle is in a traffic crash?

The traffic court fine could be as much as $1,500 for driving without insurance or allowing another person to drive your uninsured vehicle. You will also need to pay the DMV a $750 civil penalty to restore your driver license if it is revoked.

If my license is suspended for a lapse of insurance, what can I do?

  • the plates must be surrendered, or
  • the plates must be reported lost/stolen/confiscated, or
  • the registration must expire, or
  • the plates must be transferred to another vehicle by DMV, or
  • DMV must receive proof of new or reinstated insurance, or
  • DMV must receive other acceptable proof

How much do I need to pay?

Civil penalty fees
INSURANCE LAPSE (IN DAYS) CIVIL PENALTY
1 – 30 days $8 per day
31 – 60 days $10 per day
61-90 days $12 per day

 


Example 1:
 If your insurance lapse is 25 days, you may pay a civil penalty of $200 ($8 per day for 25 days) and not turn in your plates, or you must surrender your plates and serve a registration suspension of 25 days.

 

Example 2: If your insurance lapse is 90 days, you may pay a total penalty of $900 ($8 per day for the first 30 days = $240; plus $10 per day for 31 days to 60 = $300; plus $12 per day for days 61-90 = $360) and not turn in your plates; or you must surrender your plates and serve a registration suspension of 90 days

 

Penalties for alcohol or drug-related violations

Types of alcohol and drug-related violations in New York State

  • Driving While Intoxicated (DWI)
    .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles:  .04 BAC or other evidence of intoxication.
  • Aggravated Driving While Intoxicated (Aggravated DWI)
    .18 BAC or higher
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
    More than .05 BAC but less than .07 BAC, or other evidence of impairment.
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
  • Chemical Test Refusal
    A driver who refuses to take a chemical test (normally a test of breath, blood or urine).
  • Zero Tolerance Law
    A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

 

Penalties for alcohol or drug-related violations
VIOLATION MANDATORY FINE MAXIMUM JAIL TERM MANDATORY DRIVER LICENSE ACTION
Aggravated Driving While Intoxicated (AGG DWI) $1,000 – $2,500 1 year Revoked for at least one year
Second AGG DWI in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least 18 months
Third AGG DWI in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 – $1,000 1 year Revoked for at least six months
Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 – $1,000 1 year Revoked for at least six months
Second DWAI-Combination in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWAI-Combination in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI) $300 – $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 – $750 30 days Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor) $750 – $1,500 180 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal –
Zero Tolerance Law
$300 civil penalty and $100 re-application fee None Revoked for at least one year.
Chemical Test Refusal –
Second or subsequent Zero Tolerance Law
$750 civil penalty and $100 re-application fee None Revoked for at least one year.
Driving Under the Influence  (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence  (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

 

Additional penalties

  • greater penalties can also apply for multiple alcohol or drug violations within a 25-year period
  • surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)
  • three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
  • a driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation
  • a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony

 

Penalties for multiple offenders

Penalties for multiple offenders
OFFENSE HISTORY DMV ACTION
Five or more alcohol/drugged driving related convictions or incidents lifetime = “Persistently Dangerous Driver” Permanent denial (subject to unusual, extenuating and compelling circumstances)
In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = “Persistently Dangerous Driver” Permanent denial (subject to unusual, extenuating and compelling circumstances)
Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period. Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.
Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.
Two alcohol/drugged driving related convictions or incidents No full relicensing until end of statutory minimum revocation period, even if IDP is completed.

 

For more information visit : https://dmv.ny.gov/tickets/tickets-points-and-penalties

 

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