Received 3 tickets: 1/21/13 cell phone (3 points) with hearing 12/10/14; 3/4/13 doing 38 in 15 school zone (6 points) with hearing 7/9/14; 3/14/14 cell phone (5 points) with hearing TBD but prob 2015.
I received all 3 in Brooklyn and have pled not guilty. All are in Brooklyn South TVB.
My question(s) is this: I'm familiar with the 11 point DMV rule, and that points aren't assessed until conviction. So, assuming I was to be found guilty of each of them (14 points total) at the time of each hearing, is it fair to say that I will not have the 11 point accumulation at any one time? It seems that based on the math, the 6 points for my speeding ticket would not be counted as of 9/4/14, and points for my first cell phone ticket would not be counted at all since it's 23 months after.
Criminal Defense Attorney
The applicable rules as stated on the NYS DMV website are follows:
1. You must be convicted of the traffic violation before points are added to your driving record;
2. Your point total is calculated based on the date of the violation, not the date of the conviction;
3.The points for violations that all occurred within the last 18 months are added to calculate your point total.
With respect to administrative action you should be aware that pursuant to 15 NYCRR 131.4:
“(a) A motorist may be mailed a letter advising him of the status of his driving record and any possible future action which may be taken in the event of his accumulation of additional points when a motorist has accumulated between four and six points within an 18-month period.
(b) A motorist may be required to attend a driver improvement clinic when he has accumulated between 7 and 10 points within an 18-month period. Failure to attend a driver improvement clinic when required may result in the suspension of the motorist's license as prescribed in Part 132 of this Title.
(c) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license when he has accumulated:
(1) eleven or more points within an 18-month period;
(2) nine or more points resulting from speeding violations within an 18-month period; or
(3) four or more additional points within a 12-month period after having attended a formal hearing.
(d) A motorist may be required to attend a formal hearing to investigate habitual or persistent violation of the provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic at which suspension or revocation action may be taken against his license even though the motorist has not reached a point total specified in subdivision (c) of this section if he has been charged with three or more violations for which points are assessed within an unusually short period of time, which driving record, in the discretion of the commissioner, would tend to indicate that such person may be a persistent violator of traffic laws or regulations.
(e) If a motorist is required to attend a hearing based upon a single violation which is assigned a point value of 11 points, the hearing will be to investigate the specific violation involved, pursuant to paragraph (a) of subdivision 3 of section 510 of the Vehicle and Traffic Law, rather than to investigate habitual or persistent violations of law.
The foregoing is not intended as a complete statement of all the consequences associated with being convicted of traffic violations within the state of New York which can include but not be limited to fines, surcharges, driver responsibility assessments, increased insurance premiums, increased life insurance premiums, loss of employment, etc.
I suggest you consult a local traffic ticket attorney to determine your options in handling these matters.
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
Speeding / Traffic Ticket Lawyer
The question you asked was regsrding when/how the points are assessed. While it is true that you do not get the points till convicted, the relevant sate is the date ofcVIOLATION. Therefore, if convicted of all, the ALJ views 18 month period from date you received the first ticket. When you are convicted does not matter. Even if years later!