For Arkansas drivers who receive a New York traffic ticket, simply paying the ticket seems like the simplest way to avoid serious consequences. Unfortunately, the exact opposite is true—drivers need to fight the ticket or face penalties from both states.
Arkansas is not only a member of the Driver’s License Compact but it is also a member of the Driver License Agreement (DLA). Under this newer compact, not only does Arkansas share driver information with other states like New York, but it also shares information with other countries and can penalize drivers for out-of-state offenses that are not even considered violations in Arkansas.
Most drivers think that points will not follow them home. This is entirely false for those with an Arkansas driver’s license. In reality, if an Arkansas driver that gets a traffic ticket in New York (or any other state), could have points assessed against their AR driver’s license.
According to the Driver License Compact:
“If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.”
In other words, every time a driver pleads guilty to or is convicted of an out-of-state traffic offense, it will be recorded on his/her driving record. Once the violation is recorded, AR will compare the offense committed in New York to the equivalent offense in AR. It will then assess points on a driver’s license for the equivalent offense.
Based on the DLA, even if Arkansas does not have an equivalent violation, it will fit it in to an offense that it does recognize and apply points for that recognized offense!
Not only does Arkansas share and receive driving data from other states like New York, but it also records every out-of-state traffic conviction get on each driver’s record. Remember, all insurance carriers regularly checks driving records of their customers and will likely update the premiums whenever it notices new convictions. An out-of-state traffic conviction on an Arkansas driving record can cause auto insurance to potentially skyrocket!
Even if a driver has an Arkansas driver’s license, a traffic violation that takes place in New York is paid to New York. The amount a driver pays will also be set by New York.
Drivers who plead guilty to a New York traffic ticket worth six points under NY’s point system, or who accrue six or more points as a result of multiple convictions in NY could be required to pay a Driver Responsibility Assessment (DRA).
Six points in 18 months can result in an assessment of $100 per year for three years. Each point over six adds another $25 per year. Also, getting convicted of a drug- or alcohol-related offense or refusing to submit to a chemical test can result in a $250 assessment per year for three years.
The DRA applies whether a driver is from out of state or is licensed in New York. Arkansas’s participation in the Driver’s License Compact means New York officials will be able to send notification to a driver’s home in AR demanding he/she pay the DRA. Failure to pay a DRA can result in a suspension of driving privileges in NY.
In Arkansas, drivers who accrue 14 points could find their license suspended. In New York, this threshold is lower and easier to hit. Drivers who accrue 11 points or more as a result of NY traffic offenses could lose their New York driving privileges. Arkansas drivers should know how easy it is to commit high-point offenses. Cell phone tickets, text message tickets, and failing to stop for a school bus are all five-point tickets. A conviction for one of these violations, plus one for driving 21 mph over the speed (a six-point ticket) would put a driver at the 11-point threshold.
Moreover, since AR is a member of the Driver License Agreement, any violation that warrants the suspension of driving privileges in New York means Arkansas could suspension the license in kind.
Consequently, aside from incurring 11 points, some of the NY offenses that can result in a suspension include:
Although it might be tempting to simply plead guilty and pay the fine, doing so will not make these negative consequences go away. In fact, the conviction is the very thing that brings most of them on.
If you recently received a New York traffic ticket, contact Rosenblum Law today at 888-883-5529.
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