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Home > Traffic_Offences > Driving Demerit Points > New York

Demerit Points - New York

New York driving law assesses the following number of points for specific traffic violations:

Violation of New York Traffic Laws - Points

Speeding (MPH over speed limit not indicated) - 3
Speeding (MPH over speed limit):

01-10 MPH - 3
11-20 MPH - 4
21-30 MPH - 6
31-40 MPH - 8

More than 40 MPH - 11
Following too closely - 4
Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction - 3
Failed to obey a traffic signal, a Stop sign, or a Yield sign - 3
Railroad crossing violation - 3
Failed to yield the right-of-way - 3
Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 - 3
Reckless driving 5 Left the scene of an accident that includes property damage or the injury of a domestic animal - 3
Failed to stop for a school bus 5 Other moving violations - 2
Inadequate brakes 4 Inadequate brakes (vehicle of an employer) - 2

How the DMV Calculates Your Point Total

In accordance with New York driving law, the DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months.

The points are counted from the dates of your violations of New York traffic laws, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record.

18 months after the date of the violation of New York driving law, the points for that violation of New York traffic laws are removed from your point total. The convictions remain on your record.

Under New York driving law, if you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations.

You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.

Note: Insurance companies have point systems different from the DMV driver violation point system. The two point systems have no connection. Contact your insurance company about their point system.

Out-of-State Traffic Violations:

Except for Ontario and Quebec , points are not added to your NYS driver record if you commit an out-of-state traffic violation. Under New York driving law, points can appear on your NYS driver record if you commit a traffic violation in Ontario or Quebec .

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