Vehicle & Traffic Law
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 decide 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 quite easy to lose! Simply be found guilty of three speeding tickets all written within the same eighteen month period, or, reach "11" points in eighteen months and suffer a suspension of thirty days.
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.)
Literally, you can be of the road for six months with just "5" chargeable points (three "3" point speeds equals nine points minus the driver safety program credit of four points yields a total of five chargable points). Three speeding convictions for tickets issued within the same eighteen 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. A restricted license may be available for you. These tickets are just an accusation, which will not show up on your driver's abstract unless you plead guilty or are found guilty after trial.
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 in the New York State Department of Motor Vehicle (DMV) Traffic Violations Bureau (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 days and 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 date. Continued failure to answer will eventually cause DMV to institute a default judgement against you. You will then be suspended for failing to pay the fine that was imposed, as well as an additional suspension elimination fee of thirty-five dollars (35.00).
In the counties of Westchester, Putnam, Dutchess, Rockland, Nassau, Columbia, and parts of Long Island the normal procedure is to plea not guilty and await a trial date. Unlike New York City tickets, 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 at or after arraignment and before 30 days has elapsed after the return 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.
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.
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 a ten percent reduction in auto insurance rates. This rates reduction is for three years and is a benefit of taking the course. The Course does not reduce the points associated with the fines imposed by the Driver Responsibility Act.
For more information, call our office toll free at 1-800-427-6533 or contact us online.