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Since 2001, New York has restricted cellphone use while driving. Drivers could receive traffic citations, with up to a $185 fine, for using mobile telephones while driving. Law enforcement officials, however, have found that the possibility of a ticket is not enough of a deterrent as drivers continue to talk on handheld devices and text while driving - and, even worse, continue to cause accidents. In 2008, more than 45,000 motor vehicle accidents in New York - about 18 percent of the state's accidents that year - involved driver distraction or inattention.
In response to these concerns, lawmakers passed a law that took effect in February 2011. Now drivers convicted of using handheld cellphones while behind the wheel will not only be ticketed, but will also receive two driver violation points on their driving record.
The New York Driver Violation Point System
Points under New York's driver violation point system can quickly add up — causing drivers to be assessed fines through a driver responsibility assessment or to even lose their driving privileges.
Points are awarded depending on the severity of the moving violation. For example, a conviction for speeding up to 10 mph over the speed limit carries a three-point penalty, and a conviction for following too closely earns drivers four points.
When a driver receives six points within 18 months, the New York Department of Motor Vehicles (NY DMV) will assess a fine under the Driver Responsibility Program. Under the program, a Driver Responsibility Assessment (DRA) is a fine you must pay to the DMV each year for three years. This is in addition to fines, fees, penalties and surcharges related to specific offenses. Six points in 18 months leads to a $100 fine per year for three years, and that amount increases for drivers who receive more than six points in a year and a half.
If a driver gets 11 or more points in 18 months, the NY DMV will suspend his or her driver's license.
Points can accumulate quickly. In fact, if you were pulled over for speeding 11 to 20 mph over the speed limit (a four-point violation) and caught texting while driving at the same time (a two-point violation), you'd suddenly be exposed to six points on your record if convicted — all because of one stop.
With increasing ways to earn points, it is even more important to fight traffic offenses and moving violations so that you do not find yourself in a situation where you face a DRA or the possibility of losing your license. For help fighting your traffic citations, talk to an experienced New York State traffic attorney.
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