Understanding the New York Driver Responsibility Assessment
If you are convicted of certain driving offenses in a specific period of time, you can be assessed an annual fee on top of the traffic fines or penalties. This annual fee is called the Driver Responsibility Assessment (DRA) and is enforced by the New York Department of Motor Vehicles (DMV).
If you are convicted of an alcohol- or drug-related offense while driving a motor vehicle or have accumulated six or more driver violation points on your New York driving record in the past 18 months, you will receive a letter from the DMV assessing you an annual fine.
How Much Is the DRA?
The DRA fee varies based on your underlying offenses. If you refused to take a chemical test or were convicted of a DWI or DWAI offense, then the assessment amount is $250 a year. If the reason for the fee is the accumulated points on your driving record, the exact amount depends on how many points you have: Six points in 18 months is $100 a year; for each additional point over six, it is another $25 a year.
Commonly Asked Questions about the DRA
I am not licensed in New York, but received a driver responsibility assessment from the NY DMV. Can they do that?
Yes. If you are not licensed in New York, but received a violation that would count for six points — such as a speeding ticket for 21 mph over the limit — you can be assessed a DRA by the DMV.
Is there any way to prevent a DRA?
The only thing that can completely keep you from receiving a DRA is to not be convicted of traffic violations. When you plead guilty to a speeding ticket or other violation, you are admitting that you committed the offense charged or cited. This is the equivalent of a conviction; convictions for most moving violations will add points to your record.
By fighting a traffic ticket instead of automatically paying it, you might be able to have it dismissed or the points against you reduced. You can attempt to fight the offense yourself, but depending on what local New York state court you're appearing in, you will likely find more success with the aid of an attorney.
What if I've already received a DRA? Is there any way I can get the DMV to drop the assessment?
Unfortunately, no. But if you were recently convicted of a traffic offense and you know that you are nearing six points (and will likely receive a DRA notice), you can try to mitigate the damage by taking a DMV-approved accident prevention course, which will reduce your driver record point total. Another possibility is filing a motion for a writ of error coran nobis and attempting to vacate your plea.
Contact a New York Traffic Violation Defense Attorney
For more information on DRAs or for help fighting a traffic ticket, contact Colwell, Colwell & Petroccione, LLP, at 866-377-0285 or via e-mail. Located in Albany, New York, our traffic ticket defense lawyers are familiar with the local traffic courts throughout the state and will help you mitigate the charges against you.
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