Tuesday, May 18, 2010

The Driver Responsibility Assessment Program

In 2004, the NYS Legislature passed legislation creating the Driver Responsibility Assessment Program. This program is essentially an additional fine that attaches when:
1. You have been convicted of an alcohol-related traffic violation in New York
2. You have been convicted of a drug-related traffic violation in New York
3. You have been found, after a DMV hearing, to have refused a chemical test
4. You receive more than 6 points on your licensw within a period of 18 months

The DAP charges can get quite expensive. For instance, if you are placed in the DAP for either 1, 2 or 3 of the above list, the annual assessment is $250 per year for three years or a total of $750.

If you are placed in the DAP based upon points on your license, the annual assessment is $100 per year for the first six points and $25 per year for each point in excess of six. This assessment also lasts for three years.

If you have been charged with a speeding ticket, traffic ticket, DWI, or drug-related traffic violation, contact Matthew C. Hug, Esq. for a free initial consultation.

Thursday, May 13, 2010

How are your Points Calculated?

If convicted of a moving violation, the DMV will assess points to your driver's license. The calculation of your point total only includes points received in the past 18 months. NOTE: that the DMV calculates your points based upon the date of the violation and not the date of your conviction.

Your convictions will remain on your driver's abstract after the 18 month time period. They are removed three years after the calendar year in which you were charged.

Monday, May 10, 2010

Out-of-State Traffic Ticket Convictions and Your NY License

Often times I will receive calls about the effect of traffic ticket convictions from another state on your New York license.

The New York State Department of Motor Vehicles does not record violations committed by NY licensed drivers that occur in other states with a number of well-defined exceptions.

Exception No. 1: the NYS DMV does record out-of-state alcohol-related violations, drug-related violations and moving violations, such as speeding tickets, from Quebec and Ontario, Canada. Thus, if you are convicted of a moving violation in either Quebec or Ontario, it will be recorded on your New York Driver's Abstract and will be assessed points.

Exception No. 2: If you ignore a ticket issued out of another state or fail to pay a fine imposed by another state, the NYS DMV will suspend your NYS driver's license until the scoffs are resolved. There are six states, however, that do not share reciprocity in this regard: California, Michigan, Oregon, Wisconsin, Montana and Alaska.