New York is becoming a huge hotspot for vacationing South Carolinians these days. Likewise, many New Yorkers are spending more time at South Carolina’s beautiful beaches and resorts. If you hold a driver’s license from either of these states and plan to do some traveling, it is critical that you familiarize yourself with the following information regarding out-of-state traffic tickets.
If you received a traffic ticket in South Carolina we recommend you speak to Thomas C. Jeter III of the Nosal & Jeter Law Firm he can be reached directly at 803-351-3597.
Both New York and South Carolina signed the Driver’s License Compact. This means NY and SC freely share driver information with one another. If you receive a traffic ticket in NY but are a SC driver, SC will be notified about the ticket you received. This also applies if you are licensed in NY and got a ticket in SC.
According to §56-1-790 of the South Carolina Code, “The Department of Motor Vehicles may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver’s license in the other state.”
The provision continues: “Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State.”
In other words, if you receive an out-of-state traffic ticket for an offense that is recognized in South Carolina, points can be put on your SC driver’s license. However, if the traffic offense is not recognized in South Carolina, “...the conviction must not be recorded on the person’s driving record in this State.”
Therefore, if you receive a NY speeding ticket for going 5 miles over the posted speed limit and decide to plead guilty instead of hiring an attorney to fight the ticket, you will receive 2 points on your South Carolina license.
Remember, although the New York point system would put 3 points on your driving record for this, the South Carolina point system is what governs in the above example.
To speak directly to a New York traffic ticket lawyer contact us at 888-883-5529.
New York handles out-of-state traffic tickets very differently.
If you have a New York driver’s license and receive a South Carolina 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 20 miles over the posted speed limit in South Carolina, you will not have a single point 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.
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 SC traffic ticket, you will pay the State of South Carolina.
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 SC and NY are both members of the Driver’s License Compact, SC will honor the “suspension” of your New York driving privileges even though it will not take away your ability to drive elsewhere.
Furthermore, if you receive 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 SC 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.
If you recently received a New York traffic ticket, contact Rosenblum Law today at 888-883-5529.
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