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7 Things Your Traffic Ticket Does Not Tell You

by Seth Azria on 8/08/2019
Traffic Ticket Basics 5 min read

7 Things Your Traffic Ticket Does Not Tell You

By Seth M. Azria, Esq.

We represent many drivers licensed outside New York State. Some have mentioned that, unlike their home state, the NY ticket does not disclose how much the fine will be, how many points a conviction will be, or any other consequences of pleading guilty.

Prompted by our out-of-state clients, here are answers to 7 critical questions that are not answered by reading a New York Uniform Traffic Ticket.

1) How Many Points is My Ticket?

Points attach as a matter of law for each given conviction, even though there is no mention of points on the ticket or in correspondence from the court. The most common tickets are for speeding and cell phone use.

Speeding Points
Speed Over Limit Points Assessed Additional Penalties
0 – 10 mph 4 points None
11 – 20 mph 4 points None
21 – 30 mph 6 points Driver Responsibility Assessment (DRA)
31 – 40 mph 8 points Driver Responsibility Assessment (DRA)
Over 40 mph 11 points DRA + License Suspension

For more information, see New York Points for Speeding Tickets and Infractions and detailed information about fines for all types of speeding tickets.

Cell Phone Use
Either use of a portable electronic device (VTL §1225d) or actual cell phone use (VTL §1225c2a) carries 5 points and a fine range of $50-$200 plus a $93 surcharge. To be ticketed for use of a portable electronic device, you only have to be holding something that looks like an electronic device.

See also: Distracted Driving: What All Drivers Need to Know

2) How Much is the Fine for My Ticket?

All traffic convictions have a fine determined by a judge. These fines are quoted in ranges (for example, $90-$300 for a speeding conviction 11-30 mph over the posted limit). The judge will determine the actual amount of the fine after a conviction, be it by trial or guilty plea. Because of this, it is impossible to include the fine amount on the face of the ticket.

In addition to a fine, a conviction for speeding 11 mph or more over the posted limit has jail time as a part of a possible sentence. While this is indeed an intimidating prospect, in our experience, we have only heard of some judges who sentence a few days in jail for high-speed tickets.

See detailed information about court assessed fines here.

3) Will this Ticket Matter in My Home State?

There is a good chance it will. For all traffic convictions with points, the New York DMV will keep a record. For out-of-state drivers, the New York DMV will create a record and report the conviction to the driver’s home state if that state is part of the interstate agreement called the Driver License Compact. Almost all states participate.

Each state handles a report of an out-of-state conviction differently, falling into three general categories:

  • a. As If It Happened There: Some states/provinces (like Quebec and Ontario) add the conviction as if it happened at home. For example, 81 mph in a 65 mph zone (4 points in NY) converts to about 26 km/h over the limit, resulting in 3 demerit points on an Ontario record.
  • b. A Fixed Number of Points: Other states (like New Jersey) add a fixed number of points regardless of the NY point total. A 4-point speeding ticket in New York would likely convert to a maximum of 2 points in NJ. See NJ details here.
  • c. Doesn’t Add Points to Home Record: States like Pennsylvania do not add points to a driver's home state record from out-of-state traffic convictions. See PA details here.

For more information, see our posts on how US states and Canadian provinces handle NY traffic convictions.

4) What Will Happen to Insurance Premiums?

This is up to your insurance company. Insurance premium increases are a primary concern for most drivers, and rightfully so. An increase in insurance rates can last for years and far exceed the one-time expense of a lawyer or fine.

While an attorney cannot advise you directly about how your specific insurance company will react, we can help minimize the impact by reducing the charge to the lowest level possible. Note: Even if a state like Pennsylvania does not add points to your license, they will still know about the conviction via the Driver License Compact, meaning your insurance company may still find out. Assume that your insurance company will learn of all convictions.

5) Is There Anything Else I Have to Worry About?

Yes, there is. A fine from the court is not the only monetary penalty. If your ticket (or a combination of convictions on your record) adds up to 6 points or more in any 18-month period, you will be issued a Driver Responsibility Assessment (DRA).

DRAs apply to all drivers on New York roads, including out-of-state licenses. Failure to pay will result in the suspension of your privilege to drive in New York State, and that suspension may cause your home state/province to suspend you as well.

For 6 points, the assessment is $300, plus an additional $75 per point over 6. For example, pleading guilty to 86 mph in a 65 mph zone (6 points) carries a max $300 court fine, a $93 surcharge, and a $300 DRA.

Already pleaded guilty? We can sometimes reverse a conviction.

6) It’s Been a Week. Can I still Plead Not Guilty?

Yes, you may, and you should. Section B of the ticket indicates that you must mail a not guilty plea within 48 hours. If you haven’t done anything with your ticket within 48 hours, you may still plead not guilty. In thousands of cases, we have never had a court or judge deny a not guilty plea made after 48 hours. The relevant date for your reply is listed on the left side of the ticket under the court information.

7) Can I Write an Explanation to Get a Dismissal?

No, that will not work. There are a couple of lines on the traffic ticket under "Section A" for an optional statement of explanation. Drivers often include arguments for their innocence, ask for a reduction, or ask the judge to reduce points. None of those things will happen. The judge does not reduce or alter charges; that is the prosecutor's job.

Completing “Section A - Plea of Guilty” is a conviction, just like losing at trial. The judge will impose a fine within the prescribed range, and New York law will assess the mandatory points. The judge has no authority to adjust or waive points associated with a conviction. The only possible effect of an explanation is that the judge might take pity on you and give you a fine lower than the maximum—or maybe not.

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TWICE I reached out to Seth when I got speeding tickets in upstate NY about a year apart. The first ticket was reduced significantly so it gave me great confidence to call Seth from the highway when I got the second ticket! 

With each ticket Seth explained what my options and risks were. He delivered exactly what he promised in each event. He really knows the DA's in each county that he had to deal with and was able to get the second ticket which was a monster 6 pointer to ZERO points!  The fact that I did not have to waste time and wages to appear in court was priceless.

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