BUFFALO, N.Y. (WGRZ) — There are some sweeping changes coming for New York motorists who are issued traffic tickets.
They include increased points on licenses, additional fines, and in some cases points for things that were never assessed points before like mechanical problems.
The changes, due to go into effect in February, will also make it less likely for offenders to be able to plead tickets down without still getting points.
The new points schedule is aimed at habitually bad drivers. However, few of us avoid tickets entirely and attorneys who specialize in traffic infractions say the new regulations may impact motorist in ways they might not even imagine.
Previously, New York drivers who accumulated 11 points on their license within 18 months could see their license suspended,
However, under the new rules it will take only 10 points within 24 months meaning the points wills stay on their license six months longer.
“That can also be a really big change for some people because I encounter people who say okay I got ticket one now, and I get ticket number two 19 months from now and if I’m convicted of both, the points aren’t going to stack,” said Adam H. Rosenblum, a founding attorney at Rosenblum law, who recently published an extensive article outlining the many changes. “With an expansion of that period from 18 to 24 months now you have a 24 month window for the purposes of point stacking,” he said.
In addition, it will be easier to reach the 10-point threshold for possible suspension, as many infractions currently subject to points have had the number of points increased and there are a slew of others for which points were not previously assessed, but which will carry points now.
“They’re also taking a extremely hard line on work zone speed violations,” said Rosenblum, noting such violations will now be subject to 8 points on a driver’s license. “That’s regardless of how far over the limit. So if you think about being only 5 miles over limit and getting a police officer who is a stickler you’re looking at a very significant amount of points.”
“Speeding in construction zones is one infraction to really watch out for,” agreed Aaron Pam, a Senior Associate in Tully Rinckey’s White Plains, NY office.
“I see the legislature sort of focusing on some acute issues…targeting drinking and driving, construction zone violations, and things like seat belt and cell phone violations which have particularly gotten punitive and dangerous. So, if you fail to wear a seat belt, it’s going to be real costly. If you use your cellular device without the hands free equipment, it’s going to be real costly as well,” Pam said.
But there’s more.
Starting in February you could even rack up points for mechanical violations, such as 1 point for an inoperable tail light you got traffic court hoping to plead to a lower offense, you likely won’t be able to do so without getting points
“Very often those plea bargains will entail a prosecutor agreeing to reduce a moving violation to an equipment violation,” said Rosenblum. Pam added, “it will be tricker to get something bargained down because its going to be trickier to find things that carry zero points.”
