John J. Lindsey
On November 18th, 2004 New York State instituted a mandatory driver responsibility assessment program. The “assessment” is an annual amount that a driver must pay to New York State for three years.
For non-alcohol related traffic infractions, such as speeding, to avoid
license suspension, the driver must pay a minimum annual fee of $100 for three
years ($300 total) if the driver has six points in an 18 month period. This is
true even for out of state drivers. For each additional point beyond six, the
driver must pay an annual fee of $25 ($75 total).
To put this in perspective, suppose Driver A was charged with traveling 90 mph in a 55 mph speed zone. After receiving the ticket, Driver A pleads guilty. The Court assesses the regular fine and Driver A pays the fine. Shortly thereafter, Driver A receives mail from the New York State DMV indicating that he owes the DMV a total of $450.
The breakdown is as follows:
Driver A pled guilty to an eight point speed. Recall that the assessment is mandatory for more than six points in an 18 month period. Driver A must pay the assessment for a total of 8 points.
The total assessment for the first six points is $300. For each additional point, the assessment amount is $75. Therefore, in this instance, the total assessment amount is $450.
So in addition to paying the fine to the Court for the traffic violation, Driver A must also pay the New York State DMV a total of $450. If he fails to pay, he faces license suspension. If he is an out of state driver, his privilege to drive in New York State will be suspended. In addition, he faces increased insurance premiums because of his plea to the high speed.
The increased penalties make it all more important to make sure you hire a traffic attorney. If you are faced with a traffic charge, hire a traffic attorney to take care of this. If you have already pled guilty to a traffic charge and did not understand the consequences of paying the New York State Driver's Assessment fee, contact John to see if he can help you. He may be able to have your speeding ticket plea vacated and save you from having to pay the fee to New York State.
If you have a pending traffic matter, please call John at (518) 605-9106 or leave a message in the text box located to the right of each page. It is important that you explain what you are charged with and the specific Court where you are facing charges. Hiring a traffic ticket attorney or speeding ticket attorney can save you thousands by lowering points, fees, and automobile insurance expenses.