Whether you plan to traverse Times Square or to head down south to tour the Research Triangle, there are a few things you ought to know when it comes to out-of-state traffic tickets. Since every state treats out-of-state traffic tickets differently, there really is no uniform standard in place to determine whether your home state will put points on your license for an out-of-state violation. To make your life easier, we took the liberty of doing the research for you.
Driver’s License Compact
Both New York and North Carolina signed the Driver’s License Compact. This means NY and NC freely share driver information with one another. If you are convicted of a NY traffic ticket but are a NC driver, NC will be notified about the ticket you received. This also applies if you are licensed in NY and get a ticket in NC.
North Carolina Drivers
Generally speaking, North Carolina will not add points onto your driving record if you are convicted of an out-of-state traffic ticket.
However, according to N.C.G.S. 20-16(7), if the offense or offenses that you committed in another state would be grounds for a suspension or revocation of your driving privileges in North Carolina, then your NC driving privileges may be suspended.
Also, if you accumulate 12 or more points on your NC license within a three-year period, the NC DMV can suspend your license. These two rules can lead to a tremendous amount of confusion when a North Carolina driver travels out of the state.
For example, if you hold a NC driver’s license and are convicted of a speeding ticket in NY, this will be reported to North Carolina, cause your insurance to go up, and require you to pay a fine to the State of New York. However, demerit points will not be added onto your NC driving record and your driving privileges will not be affected.
Nevertheless, if you are convicted of passing a school bus, reckless driving, and running a stop sign all in the same trip to New York, your North Carolina driver’s license will be suspended. You might be thinking, “How can that be? I thought points were not added onto my NC record?” You are correct, but remember, if you commit offenses that would lead to a suspension in North Carolina while in another state, you can be suspended!
New York Drivers
If you have a New York driver’s license and are convicted of a North Carolina traffic ticket, in most cases, New York will not add points onto your driver’s license. 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.”
Nevertheless, NY makes exceptions for alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. As such, if you are caught speeding in North Carolina, points will not be added onto your New York driver’s license.
However, your insurance carrier will have the ability to raise your insurance rates due to the violation you committed.This point about insurance is also applicable if you are a NC license holder ticketed in NY.
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 NC and NY are both members of the Driver’s License Compact, NC 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 an out-of-state 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.
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.
Who Should You Contact?
If you recently received a New York traffic ticket, contact Rosenblum Law today at 888-883-5529.
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