NY Traffic Ticket, Points & DWI FAQs | Ciganek Law

Question 1

How long does a speeding ticket stay on my record?

Accepted Answer

A traffic ticket conviction or an accident will normally remain on a driver record during the year that the conviction or accident occurred, and for the next three years. The DMV will remove a conviction or accident from your record on January 1st of the fourth year after the year of the conviction or accident. For example, an accident or conviction that occurred during 2018 will remain on your record until January 1, 2022.

Question 2

How long do points stay on my record?

Accepted Answer

Points on your record count for DMV purposes for 18 months from the date of the offense. Insurance companies will look at the date of conviction and can raise rates for a minimum of 36 months after.

Question 3

How long does a DWI ticket stay on my record?

Accepted Answer

A conviction for alcohol-related or drugged driving remains on your DMV record for ten years to fifteen years. These convictions also remain on your criminal record indefinitely.

Question 4

My license was revoked for a DWI. Will it automatically be reinstated after my revocation period is up?

Accepted Answer

No, a suspension or revocation of a driver’s license that has not been cleared remains on a driver’s record indefinitely, even if the suspension or revocation period is up. You must go to the DMV and either reapply for your license if previously revoked, or pay a suspension lift fee if your license was merely suspended. In either case, there will be DMV fees for restoration of your license.

Question 5

How can I get a copy of my driving record?

Accepted Answer

If you need a copy of your driving record, you can get one for a fee at any New York State DMV, or you can order one online at www.dmv.ny.gov.

Question 6

I am a New Jersey licensed driver and got a speeding ticket in NY. Will the points transfer to NJ?

Accepted Answer

Yes. A NJ driver that is convicted of a moving violation in NY will be assessed 2 points. This point transfer is regardless of how many points NY assigns to the violation. For example, if you were caught speeding 31 miles over the limit in NY, NJ will assess you 2 points, even though the offense carries 8 points to NY licensed drivers.

Question 7

Can I take a course to reduce my points?

Accepted Answer

The Point & Insurance Reduction Program (PIRP), approved by the DMV, is available through private companies called “course sponsors,” throughout New York State. If you complete an approved PIRP course, you may be eligible to reduce as many as 4 points on your driving record. The DMV computer will automatically note your eligibility to receive the reduction.

Question 8

How do I take the PIRP course and how much does it cost?

Accepted Answer

You can take the class online or in a traditional classroom setting. Regardless of which method you choose, the course is 6 hours long. The cost of the courses vary, but many online sponsors offer the course for under $30. For example, see www.newyorksafetycouncil.com and www.newyorkdefensivedriving.com.

Question 9

After I complete the PIRP course, how do I receive my point reduction?

Accepted Answer

The course sponsor will notify the DMV within ten weeks after you complete the course. The DMV will then automatically reduce your point total by up to four points. It is important to note that completion of the PIRP course does not remove, subtract, or clear any violation, conviction, or notice of original points from your license. Even after you complete the course, most violations, convictions and points assessed will continue to show on your driving record for up to four years. Convictions for drunk or drugged driving will remain on your driving record for ten or 15 years, depending on the violation. “Point reduction” means the DMV will not count up to four points on your driving record toward license suspension or revocation.

Question 10

What effect does point reduction have on my driving record and on my license?

Accepted Answer

Point reduction applies only to points assessed for violations that occurred within the 18 months immediately before the course completion date. It does not affect points for further violations, and cannot be used as credit toward future violations. If your license has already been suspended or revoked, or if a violation hearing has already been scheduled by the DMV, point reduction will not affect that action. Point reduction does not prevent or cancel a mandatory suspension or revocation for violations such as DWI, DWAI, or 3 speeding tickets within 18 months.

Question 11

I already took the course. Can I take it again to reduce points?

Accepted Answer

Points may be reduced only once in any 18 month period. The DMV point system and insurance company point systems are separate and unrelated. Point reduction on your driving record does not affect points assessed by your insurance company for violations and accidents.

Question 12

I received a notice that I must pay a Driver Responsibility Assessment even after I completed the course. Do I have to pay?

Accepted Answer

Yes. Failure to pay the assessment will result in further suspension of your license or privilege. Many people fail to realize that one’s license can be suspended more than once. I have had clients with over 25 suspensions in different jurisdictions. Unfortunately, completion of the PIRP course cannot prevent or reduce the calculation of points affecting a “Driver Responsibility Assessment.”

Question 13

How do I receive an insurance reduction after completing the PIRP course?

Accepted Answer

You should receive a completion certificate within 45 days of completion of the course. If you present the certificate to your insurance company or agent within 90 days after course completion, your liability and collision premium reduction will begin immediately, retroactive to the date you completed the course. You may take the course once every 36 months to maintain the insurance benefits.

Question 14

Will the PIRP course prevent my insurance company from raising my premiums?

Accepted Answer

No. Point reduction does not prevent premium increases in general, or even premium increases due to violations or accidents. It provides a 10% reduction for 3 years, from the base rate of your current liability, no-fault, and collision premiums.

Question 15

Can I delay my court date to avoid accumulating points within an 18 month period?

Accepted Answer

You may be able to adjourn or delay your traffic ticket hearing, but points are assessed against your driving record based on the date you committed the violation, not the date you were convicted in court. If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, which may result in the suspension or revocation of your license.

Question 16

Should I plead Guilty to any ticket?

Accepted Answer

If you are unsure of whether or not you should plead guilty for a ticket you received you should consider getting a free consultation from an attorney. Many tickets do not require a guilty plea, but to know for sure what your best options are it always pays to speak with a licensed New York traffic ticket attorney.

Question 17

What should I wear to court?

Accepted Answer

When appearing in a court room it is best to show respect to the judge and the legal system by dressing appropriately. We recommend wearing what you would to an interview.

Question 18

I have a ticket, now what?

Accepted Answer

If you aren’t going to call your attorney first, we recommend looking up your ticket online and seeing if there are any points, fees, or a potential loss of license. You should know this before appearing in court and it is helpful if you know this information before calling your attorney.

Question 19

Which courts do you cover?

Accepted Answer

We keep a list of courts we serve at https://ciganeklaw.com/courts-we-serve/.

Question 20

The information on my ticket isn't accurate, what do I do?

Accepted Answer

If you disagree with the ticket you received you will need to appear in court and either you or your attorney will address any discrepancies within the ticket.

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