Every driver with a limited or full junior permit or license is subject to certain sanctions and other penalties. For example, for the entire duration that you hold a junior permit or license, your permit, license, or privileges will be suspended for 60 days if you are convicted of a serious traffic violation (generally three points or more), or two other violations.

In addition, your junior permit, license, or privileges will be revoked for 60 days if you are convicted of a serious violation (generally three points or more), or two other violations, within the first six months after you receive your license or privileges back following suspension or revocation.

A limited junior license will automatically turn into a full junior license upon passage of six months of combined learner permit and limited license time, excluding any time under suspension or revocation.

 

If you are age 18 or older when you pass your road test for a driver license, or obtain a license following revocation, you will be on probation for six months.

If you are convicted of speeding, reckless driving, following too closely, participating in a speed contest, or two other traffic violations while on probation, your license will be suspended for 60 days. If you are found guilty of committing one of the above violations, or two other moving violations during this second probation period, your license will be revoked for at lease six months.  When the revocation or suspension ends, you will be on probation for another six months.

Your license will be suspended for 90 days if you are convicted of driving while ability impaired (DWAI) by alcohol or drugs during probation, or revoked for at least six months for driving while intoxicated (DWI).  Even if you complete an approved Drinking Driver Program in fewer days, your license suspension or revocation will continue until the end of the scheduled period of suspension or revocation.

If you receive a traffic ticket, do not delay - follow the instructions on the ticket for the pleas you wish to make. Your driver license will be suspended indefinitely if you do not answer the ticket in the time allowed, or pay a fine (other than parking tickets and fines), surcharge, crime victim assistance fee, or suspension-termination fee. If you do not respond to receiving the ticket, you could be found guilty by default conviction. If you are convicted by default, your license will then be suspended for not paying the fine and a judgment will be entered against you.

The New York State Department of Motor Vehicle Traffic Violations Bureau (TVB) processes the tickets for non-criminal moving traffic violations issued in the five boroughs of New York City, Buffalo, Rochester, and the Suffolk County towns of Babylon, Brookhaven, Huntington, Islip and Smithtown. By processing these traffic tickets, the TVB system allows the other courts in these areas to concentrate on criminal cases, including driving offenses such as Driving While Intoxicated (DWI) and driving while suspended or revoked. Elsewhere in New York State, traffic violations are processed in the criminal and traffic court of the city, county, town or village where the alleged offense took place. Whichever court system is involved, every motorist who receives a traffic ticket may present a defense and be represented by an attorney.

The New York State Department of Motor Vehicles does not record convictions of moving traffic violations by NYS non-commercial licensed drivers in other jurisdictions, except traffic offenses committed in the provinces of Ontario and Quebec, in Canada. Therefore, except for traffic convictions in Ontario and Quebec, out-of-state traffic convictions are not added to your New York State "violation point" driving record.

However, your New York State license will be suspended if you fail to answer a ticket for a moving violation in any state except Alaska, California, Michigan, Montana, Oregon or Wisconsin. Your license will remain suspended until you answer the ticket. Likewise, drivers from any state, except those from the six states listed above, will have their driver licenses suspended in their own state for failure to answer a moving violation summons in New York State.

If you are over 21 years old, and are convicted of an alcohol-related driving violation (e.g., DUI) in any other state or the provinces of Ontario and Quebec, in Canada, your New York State driver license will be revoked for at least 90 days. If you are convicted of a drug-related driving violation in any of these jurisdictions, your New York State license will be revoked for at least six months. Out-of-state drivers ticketed in New York State should contact the motor vehicle department of their own state or province about the effect of a conviction.

If you are under 21 years old and convicted of any alcohol or drug-related violation that occurred out of state on or after November 1, 2000, your New York State driver license will be revoked for at least one year. If you have any prior alcohol conviction, even if the violation occurred before November 1, 2000, your license will be revoked for at least one year or until the age of 21, whichever is longer.

The New York State Department of Motor Vehicles records the conviction of any New York driver for criminal negligence, homicide, or assault that arises out of the operation of a motor vehicle and which results in death. In addition, the driver's license or privilege to drive and all vehicle registrations will be revoked, whether the conviction occurred in this state or elsewhere.

Your driver license or driving privilege can be suspended or revoked for many reasons. The following suspensions and revocations are required by law:

Alcohol and Drug Violations

• Driving while ability impaired by alcohol (DWAI): 90-day suspension.
  
   
• Driving while ability impaired by drugs (DWAI-drug): minimum six-month suspension.
  
   
• Driving while intoxicated (DWI), with .08 of one percent blood alcohol content (.08 BAC): minimum six-month revocation.
  
   
• Driving under the influence of alcohol or drugs out-of-state (DUI): minimum 90-day revocation.
  
   
• DWAI violation within five years of any prior alcohol or drug-related violation: minimum six-month revocation.
  
   
• DWI, .08 BAC, or DWAI-drug violation committed within ten years of any prior DWI, .08 BAC, or DWAI-drug violation: minimum one-year revocation.

Chemical Test Refusals (Also see Chapter 9)

• Chemical test refusal, drivers over age 21: minimum six-month revocation.
  
   
• Chemical test refusal, drivers over age 21, within five years of a prior refusal revocation or any alcohol or drug-related violation: minimum one-year revocation.
  
   
• Chemical test refusal, drivers under age 21, first time: minimum one-year revocation.
  
   
• Chemical test refusal, drivers under age 21, second time: minimum revocation until age 21 or one year, whichever is longer.
  
   
• Zero Tolerance test refusal: minimum one-year revocation.

Younger Drivers

If you are under 21 when arrested, conviction for any of the alcohol or drug related violations listed above will result in a minimum one-year revocation. A second violation while under 21 requires a revocation for one year or until you reach age 21, whichever is longer. These penalties apply even if you are adjudicated as a youthful offender, or if you were arrested or convicted out of state (see Traffic Tickets Received Out Of State).

Under the state's "Zero Tolerance Law," a driver under 21 will have his or her license suspended for six months if found to have a BAC from .02 to .07. A .02 BAC could occur with as little as one drink. For a second Zero Tolerance violation, the driver's license will be revoked for one year or until the driver turns 21, whichever is longer.

NOTE: Motorboat and snowmobile operators under 21 years old who drink alcohol are subject to similar penalties and sanctions against their privileges to operate a motorboat or snowmobile.

Speeding and Other Violations

Your license will be revoked for at least six months if you are found guilty of:

• Three speeding and/or misdemeanor traffic violations within 18 months (based on date of violation, not date of conviction).
  
   
• Three "passing a stopped school bus" violations within three years.
  
   
• One violation of "leaving the scene of a personal injury or fatal accident."
  
   
• One "participating in a speed contest" violation. Conviction of a second speed contest violation within 12 months results in a revocation of at least one year.

No Insurance

Your license will be revoked for at least one year if you operate or allow another person to operate your uninsured vehicle, or if the DMV receives evidence that you were involved in a traffic crash without being insured. If your vehicle has a lapse in insurance coverage, you must turn in the license plates and registration to a motor vehicle office. Even if the vehicle is taken off the road and not being driven, you must surrender the plates or you may face civil penalties, registration suspension and/or license suspension.

Indefinite Suspensions/Revocations

Your license will also be suspended indefinitely if you fail to file an accident report, submit a bad check for DMV fees, fail to pay child support, or fail to satisfy a court judgment that results from a traffic accident. This suspension will be in effect until you correct the condition that led to the suspension.

Commercial Drivers

Because of their extra responsibility to traffic safety, drivers of tractor-trailers, heavy trucks and vehicles carrying hazardous materials face stiffer penalties than non-commercial drivers if convicted of certain violations. For information about the commercial driver penalties, read Section 1 of the Commercial Driver's Manual (CDL-10).

It is a felony to drive a school bus carrying one or more students while you are impaired or intoxicated. If you are found guilty of an alcohol or drug-related violation while driving a school bus, taxi, or livery vehicle while carrying a passenger, your license will be revoked for at least one year. If found guilty of a second violation within ten years, you could be permanently prohibited from holding a Class CDL license.

NOTE: See Chapter 9 for more information about alcohol and drug-related violations.

The DMV point system identifies "persistent violators"; that is, drivers who commit a series of violations in a relatively short time period. The table in this chapter lists the point values assigned to various moving traffic violations. Please note that traffic laws that must be obeyed on public highways, roads, and streets, also apply to parking lots open to the public.

While each violation listed, by itself, may not be serious enough to require license suspension or revocation, the accumulation of several violations on your driving record may indicate that action should be taken.

The point values charged against your record are based on the date you commit the violation, not the date you are convicted in court. If you acquire 11 or more points within 18 months, you will be notified by mail that your license will be suspended. You may request a DMV hearing only to show that the convictions in question were not yours. You may not re-argue the convictions or request the suspension be waived based upon special or mitigating circumstances.

Violation	Points	Violation	Points
Speeding MPH not specified	3	Following too closely (tailgating)	4
Speeding MPH over posted limit:  1 to 10	3	Improper passing, unsafe lane change, drove left of center, or drove wrong direction	3
Speeding MPH over posted limit:  11 to 20	4	Violation involving a traffic signal, stop sign or yield sign	3
Speeding MPH over posted limit:  21 to 30	6	Failing to yield right-of-way	3
Speeding MPH over posted limit:  31 to 40	8	Railroad crossing violation	3
More than 40	11	Leaving scene of incident involving property damage or injury to domestic animal	3
Reckless driving	5	Safety restraint violation involving person under 16	3
Failing to stop for school bus	5	Inadequate brakes (while driving employer's vehicle	2
Inadequate brakes	4	Any other moving violation	2

You can reduce your point total by up to four points and save up to ten percent on your auto liability insurance premiums by taking a DMV-approved accident prevention course. However, completion of a point reduction course cannot prevent a mandatory suspension or revocation or be applied as a "credit" against future points. For more information, see the publication Point & Insurance Reduction (C-32A), available from the DMV Internet Office, by request from a DMV Call Center, and at any motor vehicle office.

Please note that insurance companies may also have point systems of their own. These have no relationship to, and should not be confused with, the DMV point system.

Today, except where required by law, the term "accident" is frequently being replaced by "crash." This is because a "crash" can usually be avoided. If you are involved in a traffic crash in which another person is killed, your license may be suspended or revoked after a DMV hearing even if you were not charged with a violation at the time of the incident.

If your driver license has been suspended for a definite period, such as 30 days, 90 days, etc., your license will not be returned until you pay a non-refundable $25 suspension termination fee.

In most cases, if your license has been revoked, you may not apply for a new license until you pay a non-refundable $50 re-application fee. This fee is not required if your license was revoked due to operating without insurance or if you had been issued a conditional or restricted use license.

After the following revocations, you must pay a civil penalty to DMV before your application for a new license can be accepted:

• Operating without insurance or uninsured accident: $750 civil penalty.
  
   
• Chemical test refusal: $300 civil penalty ($350 if while operating commercial motor vehicle).
  
   
• Chemical test refusal within five years of a prior alcohol, drug or refusal-related revocation: $750 civil penalty.
  
   
• Zero Tolerance Law suspension: $125 civil penalty and $100 suspension termination fee.

In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding.  Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Driving Wile Intoxicated (DWI), Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.

If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years.  For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years.  For information about how points are assessed, see "The Point System" in this chapter.  Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.

It is a criminal violation to drive while your license is suspended or revoked, and there are mandatory fines from $200 to $5,000. You also may face mandatory imprisonment or probation, and seizure and possible forfeiture of the vehicle being driven. More severe penalties apply to drivers who are caught driving while intoxicated or impaired by alcohol or drugs while their licenses or privileges are already under suspension or revocation for a previous alcohol or drug-related incident, and to drivers caught driving with 10 or more suspensions for failure to answer traffic tickets or pay fines. In addition, drivers with 20 or more suspensions for failure to answer tickets or pay fines face a criminal charge, even if not driving when caught. The penalties for driving while suspended or revoked are described in detail in the publication Suppose Your License Were Taken Away (C-12) available from the DMV Internet Office, by request from a DMV Call Center, and at any motor vehicle office.