Whether you are planning on heading to the beach in Belmar or to catch a show in New York, you need to know what to expect if you ever receive an out-of-state traffic ticket. Since each state has different laws about out-of-state traffic tickets, we took the liberty of providing you with all of the information you will need to know in order to fight your out-of-state traffic ticket.
Driver’s License Compact
Both New York and New Jersey signed the Driver’s License Compact. This means NY and NJ freely share driver information with one another. If you are convicted of a NY traffic ticket but are a NJ driver, NJ will be notified about the ticket you received. This also applies if you are licensed in NY and got a ticket in NJ.
New Jersey Drivers
According to N.J.S.A. 39:5D-4 (and the New Jersey Motor Vehicle Commission), out-of-state moving violations are usually worth 2 points. This means that if the offense you got a ticket for is recognized in New Jersey, 2 points will be added onto your NJ driving record.
Therefore, whether you were cited for reckless driving in New York, speeding, or for driving with a suspended license, you will have 2 points put on your NJ driver’s license.
However, it is important to note that your insurance company will rarely treat the incident in this manner. Insurance companies have their own way of calculating how much your rates will go up.
New York Drivers
New York handles out-of-state traffic tickets very differently. If you have a New York driver’s license and are convicted of a New Jersey traffic ticket, NY will rarely add points onto your NY driving record.
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.”
In other words, if you are convicted of speeding 33 miles over the posted speed limit in New Jersey, you will not have a single point added onto your New York driver’s license.
However, as we explained earlier, your insurance carrier will have the ability to raise your insurance rates due to the violation you committed. As far as fines are concerned, no state can require you to pay a double fine. You will only have to pay the state in which you received the ticket. If you got a NY traffic ticket, you will pay the State of New York. If you got a NJ traffic ticket, you will pay the State of New Jersey.
Losing Your Driving Privileges
If you are an out-of-state driver and accrue 11 points or more, you will lose your New York driving privileges.
This accumulation of 11 points will be determined based on the New York point system, not your home state’s point system. Thus, if you are found guilty of speeding 41 miles over the posted speed limit or get convicted twice for speeding 21-30 miles over the limit, you will no longer be allowed to drive in the State of New York for a specified duration of time.
Remember, your driver’s license will not be suspended by your home state and NY does not have the authority to suspend an out-of-state driver’s license.
However, since NJ and NY are both members of the Driver’s License Compact, NJ will honor the “suspension” of your New York driving privileges even though it will not take away your ability to drive elsewhere.
Driver Responsibility Assessment (DRA)
Furthermore, if you are convicted of a NY traffic ticket for an offense or set of offenses that amounts to 6 or more points under New York’s point system, you will also be required to pay a Driver Responsibility Assessment (DRA).
This applies regardless of whether you are a NJ driver or licensed in NY.
If you get 6 points in 18 months, the assessment will be $100 per year for 3 years.
If you get more than 6 points in 18 months, an additional $25 per year will be charged for each additional point you receive. This means 1 extra point will cost you $75 more (since the assessment lasts for 3 years).
If you get convicted of a drug- or alcohol-related offense or you refuse to submit to a chemical test, the assessment will be $250 per year for 3 years.
New York Traffic Ticket Lawyer
Adam H. Rosenblum of The Rosenblum Law Firm is a traffic ticket attorney licensed to practice in both New York and New Jersey. He can be reached via e-mail or at 888-883-5529.