Driver Violation Point System
The DMV driver violation point system helps to identify drivers who commit several traffic violations during a specific time period.
Remember that the point system is not the only reason for a driver license suspension or revocation. There are mandatory suspensions or revocations. For example, the DMV must revoke your driver license if you are convicted of three speeding violations within an 18-month period and you have fewer than 11 points.
This table lists the number of points given for specific traffic violations:
|
Violation |
Points |
|
Violation |
Points |
|
Speeding (MPH over speed limit not indicated) |
3 |
Following too closely |
4 |
|
|
Speeding (MPH over speed limit): |
Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction |
3 |
||
|
1 - 10 MPH |
3 |
|
|
|
|
11 - 20 MPH |
4 |
Failed to obey a traffic signal, a Stop sign, or a Yield sign |
3 |
|
|
21 - 30 MPH |
6 |
Railroad crossing violation |
3 |
|
|
31 - 40 MPH |
8 |
Failed to yield the right-of-way |
3 |
|
|
More than 40 MPH |
11 |
Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 |
3 |
|
|
Reckless driving |
5 |
Left the scene of an accident that includes property damage or the injury of a domestic animal |
3 |
|
|
Failed to stop for a school bus |
5 |
Other moving violations |
2 |
|
|
Inadequate brakes |
4 |
Inadequate brakes (vehicle of an employer) |
2 |
|
How the DMV Calculates Your Point Total
The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months. The points are counted from the dates of your traffic violations, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record. 18 months after the date of the violation, the points for that violation are removed from your point total. The convictions remain on your record.
If you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.
Note: Insurance companies have point systems different from the DMV driver violation point system. The two point systems have no connection. Contact your insurance company about their point system.
Out-of-state traffic violations: Except for Ontario and Quebec, points are not added to your NYS driver record if you commit an out-of-state traffic violation. Points can appear on your NYS driver record if you commit a traffic violation in Ontario or Quebec.