Changes To New York Traffic Laws Increase Penalties For Motorists
Expanded Point System Lookback
As of February 16, 2026, the DMV has extended the period of a motorist’s review from 18 months to 24 months. This undoubtedly will result in many motorists paying greater Driver Responsibility Fees and will also increase the number of drivers that will have their licenses suspended or revoked.
The 24-month time frame only applies to tickets that a motorist is eventually convicted of. The calculation of points is based on the date the ticket was issued to the motorist, not the conviction date. For example, if four individual tickets were issued to a motorist on 1/1/24 – Speed – 6 points, 6/1/24 – Failed to Signal – 2 points, 1/1/25 – Red Light – 3 points and 12/31/25 – Stop Sign – 3 points, the motorist would have a total of 14 points for that two-year period.
At $100 for the first 6 points and $25 for each additional point, this would generate a Driver Responsibility Fee of $300 per year for three years, which could be paid with one payment of $900 or $300 per year for three years in a row. A Defensive Driving Course, which can be used to offset 4 points, cannot be used to reduce the cost of the Driver Responsibility Fee.
However, the 4 point cushion could be used to prevent the motorist from being suspended. The DMV can suspend the motorist’s license once he or she exceeds 10 points in a 24-month period.
Unlike the non-reduction of points a Defensive Driving Course has on the Driver Responsibility Fee, a Defensive Driving Course can be used to reduce the accumulation of your total points, as long as the course was taken within 18 months of receiving the ticket(s). Thus, in the preceding example, if the motorist completed a Defensive Driving Course on 7/1/24, the DMV would recognize a 4-point cushion and would now evaluate the motorist as having 10 points in total (14 minus 4) and the motorist would be spared a suspension.
Please note that a Defensive Driving Course can only be taken once every 18 months to reduce your point total. However, even if you don’t need to take a Defensive Driving Course to reduce points, you can still take one once every three years to reduce your insurance premiums.
Revised Point Values for Violations
In addition to extending the time frame from 18 months to 24 months for a motorist’s record review, the DMV has upped the points on many violations. Here are some of the new point changes:
| Violation Type | Previous Points | New Points |
| DWI/DWAI/Drug-Related Convictions | None | 11* |
| Aggravated Unlicensed Operation | None | 11* |
| Passing Stopped School Bus | 5 | 8 |
| Leaving Scene of Personal Injury Crash | 3 | 5 |
| Speed Contest or Race | 0 | 5 |
| Failure to Use Due Care | 2 | 5 |
| Speeding in Construction Zone (10-40 mph over the limit) | 3-8 points, depending on speed | 8 |
| Bridge or Highway Vehicle Height Limitations | 0 | 8 |
*The 11 points for first-time alcohol or drug-related driving conviction or operating with a suspended license (aggravated unlicensed operation) is not factored for accumulation calculations.
Lifetime Reviews And Problem Driver Denials
For individuals seeking to restore a revoked license, the DMV now conducts a lifetime review of their driving record. This is a major shift intended to identify problem drivers who pose an immediate risk to public safety.
The criteria for permanent or long-term denial of relicensing have become much stricter:
- Permanent denial: An application for relicensing will now automatically be denied if a person has four or more alcohol- or drug-related driving convictions or incidents in their lifetime (reduced from the previous threshold of five).
- Serious driving offenses: If a driver has three alcohol-related incidents in a 25-year period plus one serious driving offense, their application will be denied. A serious driving offense is now defined to include fatal accidents, driving-related penal law convictions, accumulating 20 or more points, or having two or more violations worth five or more points.
Frequently Asked Questions
Listed below are the answers to several questions about traffic defense that often come up concerning the new DMV penalty laws.
How long do points stay relevant for DMV administrative actions?
Points are now considered over a 24-month period for triggers like advisory letters, clinics, and hearings.
How many alcohol-related incidents lead to a permanent license denial?
Under the new regulations, four or more alcohol- or drug-related incidents in a lifetime will result in a permanent denial of a license application.
What is a serious driving offense under the new rules?
It includes fatal accidents, driving-related penal law convictions, accumulating 20 or more points, or having two or more violations that carry five or more points each (such as reckless driving or cell phone use).
Can I get my points reduced by taking a defensive driving course?
Yes, completing an approved motor vehicle accident prevention course can reduce your point total by up to four points for violations occurring within the 18 months prior to the course.
If You Need Legal Help For Traffic Tickets, Call Today
To speak with an experienced New York traffic ticket attorney, contact the Law Office of Randy S. Alpert by calling 646-902-1016. You can also reach the firm using the online contact form. Hablamos español.