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How long do points stay on a NY driving record? Can I remove them earlier?

by Seth Azria on 9/03/2019

How long do points Last on a NY Driving record?

There are 2 relevant time periods involved: 1) the eighteen month window and 2) three years after a traffic conviction.

The 18-Month Window

First, the DMV uses an 18-month window to calculate suspensions and driver responsibility assessment penalties. That means that DMV will add up all points and convictions within the last 18 months and then act accordingly.

For example, here are two of the most common scenarios:

  1. If a driver had a total of 11 points or more from convictions in the last 18 months, the DMV will suspend a driver license.
  2. If a driver has a total of 6 points from convictions in the last 18 months,  the New York DMV will impose a $300 Driver Responsibility. Each additional point over 6 incurs an additional $75.

The 3-year Period

After 3 years have passed after a traffic conviction or accident, the New York DMV will remove the conviction from the driver’s record in the beginning of the 4th calendar year. During this time, the conviction will be available to insurance company review. For DWI convictions, the NY DMV will record convictions for 10 years.   

The Effect of a Defensive Driving Course & Coram Nobis Motions

Contrary to popular belief, a defensive driving course does not remove points from a driving record. Completion of a course will cause the DMV to ignore 4 points for suspension purposes and gives the driver a 10% discount on their insurance for 3 years.

Unfortunately, the course does not lower the point total for driver responsibility assessments that begin at 6 points in 18 months.

The only way to actually remove points is to eliminate a conviction. This may be accomplished with a motion to the court to reopen the case coupled with a negotiated reduction from the prosecutor. These motions, called coram nobis motions, once complete, have the newly negotiated reduction replace the previous conviction.  

Not all convictions may be reopened this way, but if you have a conviction that you wish you did not have, please feel free to call us to discuss if this option might be available for you.

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

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I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

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