Your driver's license in New York allows you, the holder, the privilege to drive in this state.... protect that right!

The Vehicle Traffic Law of the State of New York and the Commissioner of Motor Vehicles' decides whether you keep your privilege of operating a motor vehicle in this state. Your driver's license or valid "out of state" motorist privilege, is easy to lose!

If found guilty of three speeding tickets, all issued within the same eighteen month period, DMV will revoke your license or NYS privilege (out of state motorist) for six (6) months. Incur eleven points in any eighteen month period and suffer a suspension of thirty days.

Literally, you can be of the road for a minimum six months with just "5" chargeable points. For example, receive three "3" point  speeds (65/55), attend the driver safety program and receive a license credit of four points (after taking the 6 hour class), resulting in having only five chargeable points. The three speeding convictions for tickets issued within the same eighteen (18) month period will result in a six month revocation of privileges. Similarly, if your point total reaches 11, you may be suspended for thirty days. If however, the 11 points is reached after a (TVB) Traffic Violations Bureau  Hearing in NYC or Suffolk County, Long Island then it is up to the TVB Administrative Law Judge (ALJ)who officiated at your hearing. If that Judge does not issue a suspension then DMV Albany will not. This is opposed to reaching the 11 poinbts after va guilty finding at a local city, town or Village Court, the local judge doesn't suspend but when the violation reaches DMV Albany they will issue any suspension or a revocation for suffering a third speeding conviction. A restricted license may be available to you. Be advised that in order to be eligible for a restricted use license, (good for work, school, child care, medical and dental for you and members of your household) the suspension must be for a minimum of thirty one (31) days. Additionally, a motorist's eligibility for restricted privileges is only once every three years. These tickets, when written, are only an accusation, which will not show up on your driver's abstract unless you plead guilty or are found guilty after trial.

Click here to review a chart for additional information on violations and points.
(Moving violations generally carry points with the exception of equipment, cell phone, and adult seat belt violations).

All New York City tickets, as well as those issued in Buffalo, Rochester or Long Island's Five Towns (Babylon, Brookhaven, Huntington, Islip, and Smithtown) are adjudicated in the New York State Department of Motor Vehicle (DMV) Traffic Violations Bureau, the TVB jurisdiction. These cases are adjudicated by an Administrative Law Judge who has the authority to revoke or suspend your driving license or out of state privilege in New York State. Drivers issued TVB violations are required to answer the summons within fifteen day. No Supporting Depositions are offered by TVB. A Supporting Deposition will provide you with additional information regarding the basis for the ticket. If DMV/Albany does not receive a timely response to a ticket, your driver privileges will be suspended and a notice to that effect will be mailed to your address of record. DMV / Albany will notify you via a suspension notice dated approximately twenty two days before the effective suspension date. Continued failure to answer will eventually cause DMV to institute a default judgement. You will then be suspended for failing to pay the fine that was imposed. To clear the suspension an additional suspension elimination fee of thirty-five dollars (35.00) will have to be paid to DMV.

In Westchester County, Putnam County, Dutchess County, Rockland County, Orange County, Ulster County, Sullivan County, Columbia County, Nassau County,  and eastern Suffolk County, the normal procedure is to plea not guilty and await a trial date. Unlike New York City tickets, where there is no plea bargaining, these jurisdictions allow for a driver to request a supporting deposition which is additional information regarding the summons charged. The request for a supporting deposition does not need to be made at the same time as the arraignment to be timely requested. However, it must be made before 30 days has elapsed after the arraignment date appearing on the ticket. If arraignment, as indicated above, occurs after the 30 days from the return date on the ticket, your request for a supporting deposition will be considered untimely and will not be honored.

If timely requested, the Court will order the Supporting Deposition from the police officer who issued the ticket. The police officer will have 30 days from the date of your request to mail you the Supporting Deposition. If an Attorney is retained on the matter he or she would file a Notice of Appearance and appear in Court on behalf of the defendant. Your case will then be scheduled for a non-jury trial; you and the attorney of record will receive written confirmation of the trial date from the Court. You or your lawyer can appear on the conference date and determine if a plea to a lesser or no point violation. If there is no agreement the matter would then be set down for trial in the next month or two. If an attorney is handling the case, the motorist need not appear.

At the conclusion of the trial, the Judge will either render a verdict (finding you guilty or not guilty) or reserve decision. If the court reserves decision, a written decision will be issued by the Judge, a copy of which will be sent to you at the address on file with the Court. If the court finds you not guilty on all of the tickets, this will end the case. If the court finds you guilty of one or more of the tickets, a fine and mandatory surcharge, if applicable, will be assessed.

Also please note that you can choose to take a DMV approved accident prevention course which can reduce your total points total by up to four points and offer a ten percent reduction in auto insurance rates. This rates reduction is for three years and is one benefit of taking the course. The Course does not reduce the points associated with fines imposed by the Driver Assesment Program. See NYSDMV.com for info.

For more information, call our office toll free at 1-800-427-6533 or contact us online. I do however, prefer a telephone call for the free consultation.