TRAFFIC & SPEEDING TICKET DEFENSE IN 
NEW YORK & NEW JERSEY


Return to of New York and NJ traffic ticket defense

Click here to see a sample bill a driver received for a 6 point ticket.

THE NEW YORK TRAFFIC VIOLATION POINT AND FINES SYSTEM

BEWARE OF THE NEW  
Driver Responsibility Assessments !@!$^&%!!!!!

If you incur six points on your driver record during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you incur more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point more than the original six points.  You can reduce your driver violation point total and your insurance premiums, but completion of a POINT REDUCTION COURSE does not change your driver responsibility assessment!  

Click here to see the DMV Web site for more info on this latest Money Grab

BEWARE, THIS SURCHARGE APPLIES TO OUT OF STATE DRIVERS ALSO.


SPEEDING  1-10 mph over posted limit3
SPEEDING 11-20 mph over posted limit4
SPEEDING 21-30 mph over posted limit6
SPEEDING 31-40 mph over posted limit8
SPEEDING Over 40 mph over posted limit11
Reckless Driving5
Failing to Stop for School Bus5
Following Too Closely (tailgating)4
Inadequate Brakes4
Failing to Yield Right of Way3
Disobeying Traffic Control 
Signal, Stop Sign or Yield Sign		3
Railroad Crossing Violation3
Improper Passing or Lane Use3
Leaving Scene of Accident 
(property damage or Animal injury)		3
Child Safety Restraint Violation3
Any other moving violation2
 
15 N.Y. Comp. Codes R. & Regs. 131.3


OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
Best Section Begin TITLE 15. DEPARTMENT OF Search Term Begin MOTOR VEHICLES Search Term End CHAPTER I. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER J. DRIVER REHABILITATION PROGRAMS
PART 131. POINT SYSTEM
Current through January 31, 2010. 

* Section 131.3.* Point values.


(a) All traffic Search Term Begin violations Search Term End shall be assigned a point value of two points, except as otherwise prescribed in subdivision (b) of this section.

(b) Exceptions. 

(1) The following Search Term Begin violations Search Term End shall be assigned a point value of 11 points:

(i) any Search Term Begin violation Search Term End involving Search Term Begin speeding Search Term End more than 40 miles per hour over the Search Term Begin speed Search Term End limit.

(2) The following Search Term Begin violations Search Term End shall be assigned a point value of eight points:

(i) any Search Term Begin violation Search Term End involving Search Term Begin speeding Search Term End more than 30 but not more than 40 miles Best Section End Best Section Begin per hour over the Search Term Begin speed Search Term End limit.

(3) The following Search Term Begin violations Search Term End shall be assigned a point value of six points:

(i) any Search Term Begin violation Search Term End involving Search Term Begin speeding Search Term End more than 20 but not more than 30 miles per hour over the Search Term Begin speed Search Term End limit.

(4) The following Search Term Begin violations Search Term End shall be assigned a point value of five points:

(i) reckless driving; and

(ii) any Search Term Begin violation Search Term End involving overtaking or passing a stopped school bus.

(5) The following Search Term Begin violations Search Term End shall be assigned a point value of four points:

(i) any Search Term Begin violation Search Term End involving Search Term Begin speeding Search Term End more than 10 but not more than 20 miles per hour over the Search Term Begin speed Search Term End limit;

(ii) following too closely; and

(iii) inadequate service brakes, except for such a Search Term Begin violation Search Term End committed by an employed driver during the course of his employment, which shall be subject to the provisions of subdivision (a) of this section.

(6) The following Search Term Begin violations Search Term End shall be assigned a point value of three points:

(i) any Search Term Begin violation Search Term End involving Search Term Begin speed Search Term End except where a different point value has been assigned;

(ii) any Search Term Begin violation Search Term End constituting a failure to yield the right-of-way;

(iii) any Search Term Begin violation Search Term End involving a railroad crossing, disobeying a traffic control signal or a stop or yield sign;

(iv) any Search Term Begin violation Search Term End involving improper passing, changing lanes unsafely, driving Best Section End to left of center of roadway, or driving in the wrong direction;

(v) leaving the scene of a property damage incident or injury to an animal without reporting; and

(vi) any Search Term Begin violation Search Term End involving use of safety belts or seats by a child under the age of 16.

(7) The following Search Term Begin violations Search Term End shall not be assigned any point value:

(i) any Search Term Begin violation Search Term End relating to vehicle registration, licensing or insurance;

(ii) any Search Term Begin violation Search Term End relating to Search Term Begin motor vehicle Search Term End inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes;

(iii) any Search Term Begin violation Search Term End for which suspension or revocation action is mandated upon conviction;

(iv) any parking Search Term Begin violation Search Term End ;

(v) any pedestrian or bicycle Search Term Begin violation Search Term End ;

(vi) any Search Term Begin violation Search Term End relating to a business or the sale of goods established in the Vehicle and Traffic Law or any local law;

(vii) any other Search Term Begin violation Search Term End not resulting from the operation of a Search Term Begin motor vehicle Search Term End ;

(viii) any Search Term Begin violation Search Term End of section 1110(a) of the Vehicle and Traffic Law relative to the improper use of high occupancy vehicle lanes in Suffolk County, between exits 49 and 57 of the Long Island Expressway; and

(ix) any Search Term Begin violation Search Term End of section 1225-c of the Vehicle and Traffic Law involving the use of a mobile phone.

(8) Point values for Search Term Begin violations Search Term End committed on or after July 1, 1988 shall be assigned in accordance with the provisions of this section which became effective on October 12, 1988.

(c) Point values assessed shall be assessed as of the date of Search Term Begin violation Search Term End .

15 NY ADC 131.3
15 NY ADC 131.3
2008 WL 75304813
15 NY ADC 131.3

END OF DOCUMENT 
Department of Motor Vehicles
Vehicle and Traffic Law Penalty Structure
(Surcharge is $55)

 

General Maximum Fines

Violation Type1st Conviction
2nd
3rd or Subsequent
 # of convictions within 18 months
Traffic Infraction
Red Light
Misdemeanor Convictions*
$100
$225
$300
$200
$375
$525
$300
$675
$1,225
*Misdemeanor convictions for which no other specific penalty is provided.

 

Speeding Penalties

ViolationMinimumMaximumImprisonment
1 - 10 mph over
11 - 30 mph over
31 + mph over
Speed Not Prudent
Fail to reduce (hazard)
$45
$90
$180
$45
$45
$150
$300
$600
$150
$150
None
0 - 15 days
0 - 30 days
0 - 15 days
0 - 15 days
Maximum fine may be increased for second conviction by $255, and
by $480 for third or subsequent violation within 18 months.
A sentence of imprisonment, for not more than 30 days, may be imposed to replace
or supplement the fine. Fines increase for speeding in work areas.

 

Un-inspected Vehicles

ConvictionMinimumMaximumImprisonment
1st Conviction
Subsequent Conviction
$25
$100
$50*
$200
None
0 - 15 days
* If under 60 days; $50 - 100 if 60 days or more.

 

Unregistered Motor Vehicle or Trailer
Driver License Violations

ConditionsMinimumMaximumImprisonment
Expired greater than 60 days *
Expired less than 60 days *
License - Subdivision 7 and 8
$50
$25
$0
$200
$200
$50
0 - 15 days
0 - 15 days
None
* Does not include subdivisions 7 and 8 regarding licenses.
Subdivision 7 - failure to exhibit conviction stub to magistrate.
Subdivision 8 - failure to notify DMV of address change.

 

Equipment Violations: Motor Vehicles & Trailers

ConditionsMinimumMaximumImprisonment
Not including Brakes
None
$100
0 - 30 days

Service brake violations are misdemeanors punishable as set forth in the first table.

Information updated: July, 2003


Service brake violations are misdemeanors punishable as set forth in the first table.


© The Law Offices of Matisyahu Wolfberg, Esq.   
25 Robert Pitt Drive, Suite #211, Monsey, New York 10952

(800) 768-3237 Info@notspeeding.com

For Immediate Response

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