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QuestionInsurance Question  I am a licensed in VA. I received a speeding ticket for 40 in a 25 in Pennsylvania in 11/07. Yesterday (10/08), I was ticketed for 81 in a 55 in New York. I'm concerned about a NY Driver Responsibility Assessment ($100/year for 3 years). Since the sum of points for these two tickets is greater than 6 points, will the New York Magistrate hit me with the assessment (on top of the fine)?

AnswerAuto Insurance Answer

The one ticket given to you in Pennsylvania would not affect the points count for you in New York since it did not occur in that state and you are not licensed in NYS. Even if you were licensed in New York they do not assign points to out of state minor moving violations like the PA speeding ticket.

Now the speeding ticket for 26 mph over the limit in New York may require you to pay the NYS Driver Responsibility Assessment on its own. It is our understanding if you are assessed six NYS DMV points or more than the assessment handed out to a driver and speeding 21 - 30 mph over the limit is 6 DMV points.

According to the New York Department of Motor Vehicles (NYS DMV) the Driver Responsibility Assessment is in addition to any fines, fees, penalties, or surcharges that you pay for a traffic conviction, you must pay the driver responsibility assessment. The assessment is an amount that you must pay each year for three years. You pay the assessment to the DMV.

One must pay the driver responsibility assessment if any of the following incidents occur in NYS:

  • You are convicted of an alcohol-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • You are convicted of a drug-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • A DMV hearing determines that you refused a chemical test and the refusal occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • You receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.

The driver responsibility assessments apply to incidents that occur in NYS. The assessments apply whether you have a driver license issued by NYS or any other jurisdiction, or you have no driver license at all.

So if you are convicted of speeding 26 mph it would appear that you would receive 6 points in New York and thus receive the annual driver responsibility assessment of $100. The total assessment for the three years is $300. The minimum amount that you must pay each year is the annual assessment.

Now if you have had any other New York traffic ticket convictions in the last 18 months or receive any more in the next 18 months there you could pay more than the $100 annual assessment amount. If you receive more than six points on a NY driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The total assessment for the three years is then $75 for each point more than the original six points.

You may want to see if you can get the ticket reduced on your own or if a traffic ticket lawyer can help you so that you can get the points reduced below 6 and save you from being required to pay this extra assessment amount. If you are required by NYS to pay this extra fee and fail to do so they will suspend your driver's license in New York and contact your home state, Virginia, which will likely suspend your license as well until you pay New York.

To find out the penalties for your speeding ticket in New York you should contact the court listed on your citation. You can ask the clerk of the court about the assessment as well as ways to reduce the ticket but may need to seek legal advice from a lawyer as well.

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