DWI / Traffic / Trucking / Building Violations
Drinking Driving Laws - DWI Penalties in NYS
* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee. ** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years. Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| LICENSE PENALTIES In addition to the imposed fine following conviction, most motorists also must pay a mandatory surcharge and a mandatory fee for assistance to crime victims. Not including the fine, the additional required surcharge and fee, combined, may reach hundreds of dollars or more. DRIVER RESPONSIBILITY ASSESSMENTS In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments. If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years. If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment. |
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
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New York Points Chart For Moving Violations
| Violation | Points | |
| Speeding MPH Over Not Indicated | 3 | |
| Speeding 1-10 MPH Over Speed Limit | 3 | |
| Speeding 11-20 MPH Over Speed Limit | 4 | |
| Speeding 21-30 MPH Over Speed Limit | 6 | |
| Speeding 31-40 MPH Over Speed Limit | 8 | |
| Speeding More than 40 MPH over Speed Limit | 11 | |
| Reckless Driving | 5 | |
| Failed to stop for a school bus | 5 | |
| Inadequate brakes | 4 | |
| Inadequate brakes ( employers vehicle) | 2 | |
| Following Too Closely | 4 | |
| Improper passing | 3 | |
| Unsafe lane change | 3 | |
| Driving left of center line | 3 | |
| Driving wrong way | 3 | |
| Failure to obey a traffic signal | 3 | |
| Failure to obey a stop sign | 3 | |
| Failure to obey a yield sign | 3 | |
| Railroad crossing violation | 3 | |
| Failure to yield right-of-way | 3 | |
| Passenger safety violations | 3 | |
| Other moving violations | 2 |
Please call me at 516 354-6444 if you have received a DWI or traffic ticket charging you with any moving violation. The initial consultation is free. If your case is not dismissed, I will negotiate a plea bargain acceptable to you or represent you at a trial on the summon(s).