NYC Traffic Violations Tickets

From NYC Driving and Parking in New York City

1 NYC Cell Phone Ticket
2 NY Traffic Violations & Cost of Points
3 Intro
4 If You are Issued a Ticket
5 WHAT HAPPENS AT YOUR HEARING
6 Appeal Judges Decision
7 LICENSE SUSPENSION AND REVOCATION
8 Criminal Traffic Violation
9 What are the penalties for Alcohol-related or Drug-related Violations
10 NY State Traffic Violations Bureau Address & Phone Numbers
11 Insurance
- 11.1 What are the requirements for motor vehicle liability insurance in NYS?

[edit] NYC Cell Phone Ticket

If you use a hand-held mobile telephone while you drive (even when you are holding the phone and using the speaker function), except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges of $50.

This violation is not a probationary license violation, and the DMV does not assign any driver violation points. This means you will not get any points off your record and your insurance will not increase, however you will have to pay the $150.

Expections to the Cell Phone ticket:
"Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is 1) rebuttable by evidence tending to show that the operator was not engaged in a call." (Example: instead was listening to music)

[edit] NY Traffic Violations & Cost of Points

[edit] What is the driver violation point system?

The DMV driver violation point system helps to identify drivers who commit several traffic violations during a specific time period.

Remember that the point system is not the only reason for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you are convicted of three speeding violations within an 18-month period, regardless of how many driver violation points you have.

[edit] Traffic Ticket Violation and Points

'Violation	Points (2)
Speeding (MPH over posted limit)1 to 10	3 Points
Speeding (MPH over posted limit)11 to 20	4 Points
Speeding (MPH over posted limit)21 to 30	6 Points
Speeding (MPH over posted limit)31 to 40	8 Points
Speeding (MPH over posted limit)Over 40	11 Points
Reckless driving	5 Points
Failed to stop for school bus	5 Points
Followed too closely (tailgating)	4 Points
Inadequate brakes (private car)	4 Points
Inadequate Brakes (employer's car)	2 Points
Failed to yield right-of-way	3 Points
Disobeying traffic control signal, STOP or YIELD sign	3 Points
Railroad crossing violation	3 Points
Improper passing & changing lane	3 Points
Driving on the left, or wrong direction	3 Points
Leaving scene of property damage	3 Points
Child safety restraint violation	3 Points
Any other moving violation	2 Points

[edit] If I get a ticket for a moving violation in another state, do I receive points on my NYS driver license?

The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Except for violations in Ontario and Quebec, points are not added to your NYS record for out-of-state violations.

If you do not respond to a ticket or fail to pay a fine for a moving violation that you committed in any state except Alaska, California, Michigan, Montana, Oregon or Wisconsin, the DMV suspends your NYS driver license until you respond to the ticket or pay the fine. If a driver from a state except these six states fails to respond to a traffic ticket issued in NYS, their driver license will be suspended until the driver responds to the traffic ticket in NYS.

Drivers from other states must contact the DMV in their home state to get information about the effect of a traffic violation conviction that occurs in NYS.

If you receive a conviction for an alcohol-related or drug-related driving violation in any state, your NYS driver license is revoked for at least six months.

[edit] What if I do not respond to a traffic ticket, pay a fine, or pay a mandatory surcharge?

The traffic court or Traffic Violations Bureau (TVB) notifies the DMV. The DMV suspends your driver license until you respond to the ticket pay the fine, or pay the mandatory surcharge.

A suspension for the failure to respond to a ticket does not indicate that you are guilty of the charge. The suspension only indicates that you failed to respond to the ticket.

To remove the suspension, you must respond to the ticket, pay the fine, or pay the mandatory surcharge. You also must pay the suspension termination fee of $35 to the traffic court or the TVB. Contact the traffic court or TVB to remove these suspensions.

If you continue to ignore the ticket after you received a suspension from a TVB for failure to respond to the ticket, you will receive a default conviction. The default conviction is equivalent to a guilty finding. The DMV then suspends your driver license for your failure to pay the fine. To remove a default conviction from a TVB, you must pay the suspension termination fees, which total $70.

The suspension termination fees are separate charges from the fines and the surcharges for a conviction. You must pay the suspension termination fees, the fines and the surcharges to remove the suspension.

Some convictions can cause the suspension or the revocation of your driver license. To get information about suspensions and revocations, read the DMV brochure, The traffic court or Traffic Violations Bureau (TVB) notifies the DMV. The DMV suspends your driver license until you respond to the ticket pay the fine, or pay the mandatory surcharge.

A suspension for the failure to respond to a ticket does not indicate that you are guilty of the charge. The suspension only indicates that you failed to respond to the ticket.

Some convictions can cause the suspension or the revocation of your driver license. To get information about suspensions and revocations, read the DMV brochure,Suppose Your License Were Taken Away.

[edit] Intro

If you got a ticket for a non-criminal moving traffic violation in the five boroughs of New York City, Buffalo, Rochester or major portions of the towns of Babylon, Brookhaven, Huntington, Islip, Riverhead and Smithtown in Suffolk County, it will be handled by a New York State Department of Motor Vehicles (DMV) Traffic Violations Bureau (TVB). This allows courts in these areas to concentrate on criminal cases, including driving offenses, such as driving while intoxicated and driving while suspended or revoked (aggravated unlicensed operation). However, TVBs do not handle parking violations.

If you plead not guilty to a traffic ticket in one of these TVB areas, your case will be heard by a DMV Administrative Law Judge (ALJ), an experienced attorney with special training in the Vehicle and Traffic Law. An ALJ has the authority to decide whether or not you are guilty and to set a fine if you are found guilty. An ALJ also has the authority to revoke or suspend your driver license and/or auto registration when required by law or when the ALJ believes it is in the interest of traffic safety.

Just as in traffic courts in other areas of the state, you may present witnesses and evidence at a hearing before an ALJ and be represented by an attorney.

[edit] If You are Issued a Ticket

Don't delay! Follow the instructions on the ticket for the plea you wish to make, and act promptly.

[edit] Default Conviction

If you don't answer the ticket in the time allowed, your driver license will be suspended. Later, you could be found guilty of the charge because of your failure to respond. Your license would be suspended for not paying the fine and a judgment would be entered against you.

[edit] To Plead Not Guilty

Read the "not guilty" instructions and check the "not guilty" box on the back of the ticket. Fill in the requested information, sign it, and, within 15 days of the recorded violation date, mail the ticket to the Albany address listed. DMV will send you a letter telling you when and where to go for your hearing. If you are hearing impaired and require an interpreter, include a request for one when you mail your not guilty plea. An interpreter will be assigned to your hearing at no charge to you.

[edit] Attending Your Hearing

Hearings are open to the public. You may go to any TVB office to watch hearings so you know what to expect at yours.

[edit] To Plead Guilty

Not as simple as you think. You may not plead guilty by mail if the charge against you will result in license or registration suspension or revocation upon conviction (such as driving without insurance or a third speeding violation within 18 months). If you plead guilty to such a charge by mail, you will be notified that you must go to the TVB to answer the charge in person.

[edit] To Postpone Your Hearing

You may request your traffic ticket hearing to be postponed and rescheduled to a different date.
First Postponement
The appropriate TVB must receive your request by mail at least 10 days before the date of the scheduled hearing. You may also make your postponement request in person at that office or by telephone at least one day before your hearing date. Second or Subsequent Postponement
For the same ticket, your request must be made in person at the appropriate TVB office at least one day before your hearing date. Your request for a second or subsequent postponement also must include a "good cause," which is the reason you want the hearing rescheduled. Your "good cause" is subject to approval by a TVB Administrative Law Judge.

For a traffic ticket issued within New York City: Mail your request to the Albany, NY, address on your ticket - the office must receive your request at least ten days before the date of your scheduled hearing. You also may make your request in person at any TVB office in New York City, or telephone the TVB at (718)-488-5710, at least one day before the date of your scheduled hearing.

[edit] Requesting Ticket to be Answered by a TVB Outside OF NYC

For a traffic ticket to be answered to a TVB outside New York City: Mail your request to the TVB office indicated on your ticket. The office must receive your request at least ten days before the scheduled hearing date. You also may make your request in person to that TVB office or by telephone at least one day before the date of your scheduled hearing

[edit] WHAT HAPPENS AT YOUR HEARING

W You are considered innocent of the charge against you unless you are proven guilty at your hearing. You cannot be found guilty unless there is "clear and convincing evidence" that you committed the violation.

If you find it hard to understand English, you may bring someone to help you. Tell the ALJ, before the hearing starts, that someone who speaks your native language and English is there to interpret.

The ALJ will listen to sworn testimony from the police officer, who will explain why you were given the ticket. Then, you or your attorney may ask the officer questions. You also may bring witnesses to testify for you and written evidence. The judge may ask witnesses questions to better understand their testimony.

You do not have to testify but you may if you wish. You cannot be found guilty just because you do not testify.

When all on the evidence and testimony have been given, the ALJ will decide whether or not you are guilty. That decision will be based only on the evidence and testimony presented at the hearing and what the law states. If the ALJ decides the charge against you was not proven by clear and convincing evidence, you will be found not guilty. If the charge is proven and you are found guilty, the judge will set a fine. Your license or registration also may be suspended or revoked, depending on the violation and your overall driving record.

On the day of the hearing, make sure you bring your original traffic ticket, arrive at TVB office earlier than the time of the hearing. Check the bulletin board on the walls for your name and the room # which the hearing will be held.

If you miss the hearing your driver's license will be suspended, and if suspended you will need to pay $35 suspension termination fee in addition to all other fees and penalties before your driver's license is restored, regardless of wether or not ou are guilty of the charge.

[edit] Appeal Judges Decision

If you believe the ALJ's decision was incorrect based on the facts and the law, you may file an appeal. Appeal forms are available at TVB offices. Read the instructions carefully. If you wish, your attorney may help you file the appeal. Remember to include a check or money order for the appeal fees listed on the form, payable to the Commissioner of Motor Vehicles. An appeal must be filed within 30 days of the decision, and the appeal form and fees must be sent to:

Appeals Processing Unit DMV P.O. Box 2935 Albany, N.Y. 12220-0935

[edit] LICENSE SUSPENSION AND REVOCATION

The most common reasons your license may be suspended or revoked due to motor vehicle violations follow. Remember, your license also will be suspended if you do not answer a ticket or pay a fine. An ALJ has the authority to suspend or revoke your license for violations other than those listed.

[edit] Speeding/Misdemeanors

If you commit three speeding and/or misdemeanor traffic violations within 18 months, your license will be revoked for at least six months.

[edit] New Driver Probation

You are on license probation for six months after you pass a road test. If you are found guilty of committing any two moving violations during your probation period, your license will be suspended for 60 days. It will also be suspended for 60 days if you are found guilty of committing a single, more serious violation during the probation period, including speeding, tailgating, unauthorized racing, or reckless driving.

[edit] Points

Most traffic violations carry violation points. The points will be added to your record using the date the violation occurred, not the date you are found guilty. If your violation points in any 18-month period add up to 11 or more, your license may be revoked or suspended following a hearing.

The ALJ usually holds the point hearing immediately after you are found guilty of a violation that brings your total to 11 or more points in 18 months.

[edit] Save 10% of Auto Car Insurance

Taking a DMV-approved accident prevention course can reduce your point total by up to four points and reduce your auto liability and collision insurance premiums by 10% for three years. Ask for more information at any motor vehicle office.

[edit] Criminal Traffic Violation

Includes driving offenses such as driving while intoxicated and driving while suspended or revoked (aggravated unlicensed operation). Traffic Violations Bureau do not handle parking violations.

Driving with a suspended license is a crime. A felony conviction may result in fines of up to $5,000, jail, probation, or confiscation of your vehicle. As the number of suspensions you have increases, the penalties also increase. A driver is suspended for each ticket not answered and each fine not paid.

[edit] What is DWI?

Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term.

Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:

  1. the amount of alcohol you drink,

  2. the amount of food you eat before or while you drink alcohol,

  3. the length of time you drink alcohol,

  4. your body weight, and

  5. your gender.

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

[edit] Conditional license if I was convicted of DWI or DWAI

If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. To get complete information read the DMV brochure, The Drinking Driver Program.

The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.

[edit] Other alcohol and drug-related violations in New York State

BAC = blood alcohol concentration

* DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.

* Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.

* DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.

* DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.

* DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.

* Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.

* Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

[edit] What are the penalties for Alcohol-related or Drug-related Violations

Violation (1)	Mandatory Fine (2)	Maximum Jail Term	Mandatory Driver License Action (3)
Aggravated Driving While Intoxicated (A-DWI)	$1,000 - $2,500	1 year	Revoked for at least one year
Second A-DWI in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least 18-months (4,5)
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)	$500 - $1,000	1 year	DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)	$500 - $1,000	1 year	Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DWAI)	$300 - $500	15 days	Suspended for 90 days
Second DWAI violation in 5 years	$500 - $750	30 days	Revoked for at least six months
Zero Tolerance Law	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal	$750 civil penalty	None	Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal -Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal -Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence - (Out-of-State)	N/A	N/A	Suspended for 6 months. If less than 21 years of age, revoked at least one year.
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation	N/A	N/A	Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

1.Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
2. Surcharges are added to misdemeanors ($160) and felonies ($270).
3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

[edit] NY State Traffic Violations Bureau Address & Phone Numbers

[edit] New York City

Traffic Violations ONLY - no other DMV services Hours: 8:30 a.m. - 4:00 p.m.; Thursday until 6:00 p.m.

Manhattan North
Traffic Violations Bureau
159 East 125 Street, 3rd Floor
New York, NY 10035

Manhattan South
Traffic Violations Bureau
19 Rector Street, 2nd Floor
New York, NY 10006

Brooklyn South
(Coney Island)
Traffic Violations Bureau
2875 West 8th Street
Brooklyn, NY 11224

Brooklyn North
Traffic Violations Bureau
Atlantic Center Mall, 2nd Floor
625 Atlantic Avenue
Brooklyn, NY 11217

Queens North
Traffic Violations Bureau
30-56 Whitestone Expressway, 2nd Floor
Flushing, NY 11354

Queens South
Traffic Violations Bureau
168-35 Rockaway Boulevard, 2nd Floor
Jamaica, NY 11434-5233

Bronx
Traffic Violations Bureau
696 East Fordham Road
Bronx, NY 10458

Staten Island
Richmond Traffic Violations Bureau 141 East Service Road Staten Island, NY 10314

New York City Metropolitan Area Call Centers
Information: 1-718-488-5710 Hours: 8:00 a.m. - 4:00 p.m.

[edit] Suffolk County

Traffic Violations ONLY - no other DMV services Hours: 8:30 a.m. - 4:00 p.m.; Thursday until 6:00 p.m.

Suffolk Traffic Violations Bureau State Office Building, 2nd Floor Veterans Memorial Highway Hauppauge, NY 11788

Call Center Information: (718) 488-5710 Hours: 8:00 a.m. - 4:00 p.m.

[edit] Buffalo

Traffic Violations ONLY - no other DMV services Hours: 8:30 a.m. - 4:00 p.m.

Buffalo Traffic Violations Bureau 295 Main Street - Room 360 Buffalo, NY 14203 (518) 474-0941

[edit] Rochester