Mr. Dee is based in Northern Westchester County and has represented thousands of motorists/defendants in his thirty-five years of practice.
Your New York State Drivers License is based on a point system. Traffic and moving violations have penalties which may put a certain number of points on your license. The suspension or revocation of your driving privileges occurs in New York State after you are found guilty of three (3) speeds issued within eighteen (18) months, or if a total of eleven (11) points are imposed on your license within any eighteen (18) month period. Below is a chart of the various traffic and moving violations and their corresponding point penalties.
Traffic and Moving Violations
Points Imposed on License
|Speeding- not reasonable and prudent under conditions||3 POINTS|
|Speeding- based upon m.p.h. over posted limit.||1 – 10 MPH → 3 POINTS11 – 20 MPH → 4 POINTS21-30 MPH → 6 POINTS31-40 MPH → 8 POINTS
OVER 40 MPH → 11 POINTS
(NOTE: a single speed of 40 mph over the speed limit imposes 11 points on your license, which may result in the suspension of your license)
|Reckless Driving (6 mos. Suspension)||5 POINTS|
|Failing to Stop for School Bus||5 POINTS|
|Following Too Closely (tailgating)||4 POINTS|
|Inadequate Brakes||4 POINTS|
|Failing to Yield Right of Way||3 POINTS|
|Disobeying Traffic Control (Signal, Stop sign or Yield Sign)||3 POINTS|
|Railroad Crossing Violation||3 POINTS|
|Improper Passing or Lane Use||3 POINTS|
|Leaving the Scene of an Accident Involving Property Damage||3 POINTS|
|Leaving the scene of a accident with personal injury(NOTE: this is a misdemeanor punishable by up to six (6) months in a Local jail, revocation of operating privileges, and a $600.00 fine.)||3 POINTS|
|Failing to wear seat belt – Adult||0 POINTS(NOTE: Although an adult seatbelt is a no point offense, it is reported on your driver abstract. It is considered a moving violation while on a probationary, conditional (alcohol) or restricted (points/speeds) license and you can lose your driving privileges in New York State.)|
|Failing to properly restrain child||3 POINTS(NOTE: NYS law requires that a child under age 4 be restrained in an approved child seat, a child between age 4 and 7 must be restrained in an appropriate child restraint system, a child under 16 must be restrained by a safety belt)|
|Cell Phone or Texting violations (as of 2/16/11)||3 POINTS|
|Any other Moving Violation||2 POINTS|
THINGS PEOPLE DO WITHOUT AN ATTORNEY
- Take a restricted license for the thirty (30) days suspensions occurring after receiving eleven (11) points (e.g. two “6”point speeds) . Motorists then incurs a third speed within eighteen months and must take a six (6) months revocation, without the possibility of another restricted license (only one allowed every three years).
- Failure to take National Drivers Safety course after notice of impending license suspension for having eleven (11) points or more within eighteen months. Completion of six-hour course results in a reduction of four (4) points from your point total. In order to avoid suspension the course must be completed prior to the effective suspension date.
A RESTRICTED LICENSE IN ONLY VALID UNDER THE FOLLOWING CONDITIONS
- Enroute to and from business, trade, occupation or profession
- Enroute to and from rehabilitation program
- To and from a class or course at an accredited school, college or university
- Enroute to and from medical/Dental exams or treatment for the license holder or a member of his/her household
- Enroute to and from a place, including a school, at which your children are cared for.
Whatever the problem call the office and consult free of charge with a knowledgeable Traffic Law Paralegal and/or Attorney. They will give you a better understanding of what possible repercussions befall you.
The information provided in this web page is offered for informational purposes only; it is not offered as and does not constitute legal advice.
Call us for a FREE Consultation 1- 800-Harold Dee (800.427.6533) or call local (914.241.7963)