Whether you plan on vacationing in New York or Nebraska, it is important to understand the effect an out-of-state traffic ticket has on your driver’s license.
Many people think they will avoid points on their license just because they committed the traffic violation outside of their home state. However, this is not really the case.
Nebraska and New York signed the Driver’s License Compact. That means NY and NE share driver information with each other.
Consequently, if you get a New York traffic ticket but are a Nebraska driver, NE will be notified about the ticket you received. Likewise, if you are licensed in New York and get a traffic ticket in NE, NY will be notified too.
Nebraska drivers have it rough. If you receive an out-of-state traffic ticket and are licensed in NE, the offense will appear on your driving record and points will be assessed against you.
According to the Nebraska Department of Motor Vehicle (NEDMV), “Upon receipt of a conviction of a violation (in Nebraska or any other state that is a member of the Compact), the violation is placed on the driving record and points are assessed.”
The NEDMV also provides a chart indicating all of the states that have entered into agreements or driving compacts with Nebraska. The NEDMV explicitly states, “If you are issued a ticket in any of the following states, the conviction will be posted to your driving record and points will be assessed according to Nebraska law.” New York (along with 43 other states) is on the list.
Remember, the amount of points that go on your Nebraska driving record will correspond to the Nebraska point system, not the New York point system. Depending on the New York traffic violation you received, this could make a huge difference.
For example, in New York, speeding 35 mph over the speed limit is an 8 point offense. However, in Nebraska it is merely a 4 point offense.
Nevertheless, you will still be required to pay the State of New York the full amount of the fine and surcharge pending against you there (i.e. not the fine Nebraska would impose if you got ticketed at home).
Moreover, your car insurance premium can skyrocket if you are convicted of an out-of-state traffic ticket, especially if it was for speeding or reckless driving.
New York drivers are much luckier than Nebraska drivers.
According to the New York State Department of Motor Vehicles, “The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario.”
Consequently, if you are convicted of failing to stop at a stop sign, texting, talking on a cell phone, tailgating, speeding, etc in Nebraska, points will not be added onto your New York driver’s license.
However, your insurance carrier will have the right to raise your insurance rates due to the violation you committed, and it usually does.
Most importantly, you will still have to pay the State of Nebraska the applicable fine and surcharge and could be required to appear (depending on the intensity of the traffic violation).
If you are a Nebraska driver and accrue 11 points or more in New York, you will lose your New York driving privileges. This accumulation of 11 points is based on the NY point system, not Nebraska’s.
You may think 11 points is so many and you could never get that many during a short trip to NY. However, you would be surprised at how fast and how quickly points add up. Cell phone tickets, text message tickets, and failing to stop for a school bus are all 5 point tickets. Similarly, driving 21 mph over the speed limit is a 6 point ticket. These high point values—coupled with NY’s heightened police enforcement—make that 11 point threshold rather easy to get to, even on a relatively short vacation.
Lastly, if the offenses you commit in New York would give rise to a suspension in Nebraska, your entire license will be suspended (not merely your ability to drive in NY).
If you receive 6 or more points in New York due to being convicted of one or more traffic-related offenses, you will have to pay a Driver Responsibility Assessment (DRA)—even if you are an out-of-state driver.
If you get 6 points within 18 months, you will have to pay a DRA of $100 per year for 3 years.
Also, if you accumulate more than 6 points in 18 months, another $25 per year will be charged for each additional point you receive. That means 1 extra point will cost you $75 more since the assessment lasts for 3 years.
Lastly, getting convicted of drug- or alcohol-related offenses or refusing to submit to a chemical test raises the DRA to $250 per year for 3 years.
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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