will I get points on my drivers license for speeding ticket

[alanf10]

I received a speeding ticket in New York three years ago for doing 75 mph in a 55 mph zone. I never appeared in court or paid for the speeding ticket and my drivers license was suspended. I just received a letter stating that my trial was adjourned and that I have a new trial date. I live in Nassau County on Long Island and the ticket was issued upstate New York. I was wondering if I can still get points for this ticket and if I need a traffic ticket lawyer.

[philesq]

In New York State, points on your driver's license will be calculated for 18 months after the date the ticket was issued, but not until a conviction. Since you have not had a trial yet, you have not been convicted. Since the speeding ticket was issued more than 18 months ago and more than 18 months before your conviction, the points will not apply to your license.

The issue which you need to be concerned about is whether you had any other summonses/tickets issued within 18 months of the date of your speeding ticket. You need to know if you had any other tickets issued within a time span that is 18 months prior to the date of your speeding ticket and 18 months after the date of your speeding ticket. If you had two other speeding tickets issued within that time span, your driver's license will be revoked (see http://www.nysdmv.com/license.htm); if you reach a total of 11 points, the DMV will suspend your license.

If you did not have any other tickets which could jeopardize your license, you could call the court clerk and ask if you can pay a fine and have the drivers license suspension vacated or lifted. You really do not need a lawyer if you did not have any other tickets because the points will not apply to your driver's license. Your speeding ticket for driving 20 mph over the limit is worth four points in New York.

If you had a total of seven points within 18 months prior or subsequent to the issue date of your speeding ticket or you had two other speeding tickets, you definitely should hire a traffic lawyer.

Another separate issue, is whether your insurance premium will be increased because of your conviction. Different insurance companies have different policies and I do not know if one conviction will affect your insurance policy or not. Even if it does not, a conviction for a second ticket will likely increase your insurance premium. While the points will only be calculated by the DMV for 18 months, insurance companies look at a 40 month period and can increase your insurance premium for 40 months. The cost of the increased insurance premium can be exorbitant and substantially more than the cost of hiring a lawyer.

Philip L. Franckel, Esq.
42 Davis Lane
Roslyn, NY 11576
(516) 621-9399

[amili]

Traffic violations can result in costly fines, insurance rate hikes and points against your driver's license. What many people don't know is that many traffic violations can also result in jail sentences, lengthy probation, community service, automatic license revocations and other unforeseen consequence.