New York Traffic Violations

Traffic violations are offenses committed while operating a motor vehicle. In New York, they include non-criminal traffic infractions (most “Title 7” Vehicle & Traffic Law offenses). In addition, misdemeanors and felonies involving harmful conduct (reckless driving, DWI, or leaving the scene with injury) are also classified as traffic violations.

Understanding traffic violations in New York has legal consequences (it may lead to license suspension or revocation). Also, paying fines, the driver responsibility assessment, and insurance premiums may be burdensome. Traffic regulations also promote responsibility among drivers by encouraging adherence to safety standards.

The courts and the Department of Motor Vehicles (DMV) handle the New York traffic violations system. The Traffic Violations Bureau (TVB) adjudicates non-criminal moving violations in New York City and a few additional jurisdictions. On the contrary, the town/city/village courts hear cases outside the jurisdiction of the TVB.

What Is Considered a Traffic Violation in New York?

New York’s Driver Violation Point System assigns points to many moving convictions, and accruing 11 points in 18 months may lead to a suspension. On the other hand, accumulating 6 points in 18 months results in payment of a Driver Responsibility Assessment fee.

In general, points count towards a license suspension for 18 months from the date of violation. Nevertheless, a conviction remains on the abstract for an extended period.

Serious offenses are criminalized separately under the law. Reckless driving, which is a misdemeanor, carries 5 points (VTL §1212). An aggravated unlicensed operation (AUO) is categorized as a misdemeanor or felony (VTL §511), and charges depend on the degree of harm.

Also, an offender is mandated to install an ignition interlock device for a DWI crime (VTL §1192). This also attracts increased penalties in certain circumstances.

Types of Traffic Violations in New York

The following constitute traffic violations within the jurisdiction of New York State:

• Speeding: The New York Division of Motor Vehicles assigns 3 to 11 points for speed infractions. Accumulating 11 points over a period of 18 months may lead to a license suspension.
• Running a red light or stop/yield sign: The DMV allocates three points for failure to obey a traffic signal/stop/yield sign.
• Driving without a license or with a suspended license:Operating a vehicle without a license (VTL §509) is a violation. An Aggravated Unlicensed Operation (VTL §511) is a criminal offense (misdemeanor or felony, depending on prior offense and circumstances).
• Driving without insurance: New York requires liability insurance coverage with minimums of $25,000/50,000/10,000. Lapses may result in license suspension, registration suspension, and civil penalties.
• Reckless driving: This unreasonably interferes with the free and proper use of the highway or endangers users. It is a misdemeanor offense, and the DMV allots 5 points on a driving record.
• Hit-and-run or leaving the scene: Under VTL §600, a driver is obligated to stop and report any crash. Penalties may escalate if there are aggravating factors such as injury or death. As a result, the DMV imposes penalties, including license revocation.
• Failure to yield, unsafe lane use, or tailgating: They carry two to four points under the DMV schedule, depending on the offense.
• Distracted driving: Using handheld devices for calls or texting while driving is a violation that carries up to 5 points and may result in escalating fines. Junior or probationary drivers face additional sanctions.
• DWI/DWAI: In New York, a DWI is defined as having a blood alcohol concentration level of 0.08%. Although an aggravated DWI is set at 0.18%, it is a Class E felony under Leandra’s Law if you drive a car with a child in it aged 15 or below. Violators are required to install the ignition interlock device for monitoring. Nevertheless, if a suspect refuses a chemical test, they risk administrative license revocation and civil penalties.

Traffic Violation Penalties in New York

The following are the penalties associated with traffic violations in New York:

Points, suspension, and Driver Responsibility Assessment: If a driver accrues 11 points in 18 months, the Department of Motor Vehicles may suspend their license. In addition, the DMV may impose a Driver Responsibility Assessment (DRA) fee if you have 6 points on your driving history within 18 months. It also comes with other penalties, such as paying a $100 base fee per year for 3 years and an additional $25 per year for each point over six.

Alcohol or drug offenses and a test refusal incur higher DRA fees of $250 per year for 3 years. In general, unpaid DRAs lead to suspension, and completing an approved Point and Insurance Reduction Program (PIRP) may reduce up to 4 points for suspension calculations. Furthermore, there is a 10% reduction in insurance premiums, but a PIRP does not erase convictions or reduce DRA obligations.

Fines, surcharges, and jail time: Penalties for traffic violations vary by the type of offense and local jurisdiction. Penalties for criminal traffic violations such as reckless driving, AUO, and DWI may include jail time and license revocation. DWI-related sanctions also include mandatory ignition interlock device requirements enforced by statute and DMV regulations.

A refusal to submit to a chemical test carries at least a 1-year license revocation. Individuals aged 21 or below face longer license revocation periods and may also be subject to additional civil penalties.

Insurance and registration consequences: Lapses in insurance coverage may trigger civil penalties or a mandatory surrender of license plates. The state enforces minimum liability coverage, and a failure to maintain it may lead to loss of driving privileges.

How to Search for Traffic Violation Records in New York

The following avenues are available for obtaining traffic violation records in New York:

A) Traffic Violations Bureau (NYC and certain cities): If your ticket is issued by the “Traffic Violations Bureau,” you may use the DMV’s TVB Plead/Payportal to enter a plea, schedule a hearing, or pay fines online. In addition, you may respond by mail following the instructions on the ticket.

B) Local courts (outside TVB and criminal traffic cases):Tickets issued outside the areas covered by the TVB list the name and address of the court (town/city/village or city court). Individuals may search docket information through the eCourts portal (fees vary) or contact the clerk of the court for copies of records.

For criminal matters, you may visit the Criminal History Record Search (CHRS) portal of the New York State Office of Court Administration. The website provides name-based searches statewide, and requesters may pay a $95 fee to view records.

C) Your DMV driving record (abstract): The DMV permits individuals to order a Standard, Lifetime, or CDL driving record online via the MyDMV website (fee typically $7). The abstracts include convictions, active points, accidents, license suspensions, and revocations. You may also request your record in person with the MV-15C form and a valid ID. Alternatively, you may mail the DMV using form MV-15 via a Freedom of Information Law (FOIL) request.

The following information is available on a traffic violation record in New York:

• Court or TVB portals: Anyone may see a ticket or case number and the statute violated (VTL §1111-d for running a red light). Other information available includes the plea/disposition, fines/fees, and hearing dates. Fees vary for accessing documents.
• DMV abstract: It contains convictions and points within the retention window, accident history, license suspensions or revocations, and compliance notes.

How Long Do Traffic Violations Stay on Record in New York?

The DMV calculates each point towards suspension for 18 months from the date of violation. Although after this period the points do not count any longer but the conviction remains visible on your DMV abstract. A DMV abstract displays most traffic violations on record for the remainder of the calendar year of conviction, including three additional years. Alcohol or drug violations may remain for 10 to 15 years, and the PIRP may reduce up to 4 points for suspension calculations.