Whether you are vacationing to the Big Apple or driving out to the Lone Star state, it is extremely important to understand the ramifications of an out-of-state traffic ticket.
Unfortunately, many drivers are misinformed when it comes to the effect of an out-of-state traffic ticket on their driving record.
To help fix this—and to save you the time and effort—we have provided you with the most up-to-date information regarding Texas drivers who receive out-of-state traffic tickets in New York and New York drivers who receive traffic tickets in Texas.
Both New York and Texas signed the Driver’s License Compact. This means NY and TX freely share driver data with one another.
If you receive a NY traffic ticket but are a TX driver, TX will be notified about the ticket you received. This also applies if you are licensed in NY and get a ticket in TX.
Look out Texans! Texas treats out-of-state traffic violations as if they happened in Texas and will assess points accordingly.
According to §708.052 of the Texas Transportation Code:
The key words to focus on are “or another state.” In other words, if you are a Texas driver and plead guilty to or are convicted of a New York traffic violation, Texas will put points on your license.
In Texas, once you receive 6 points, you will be forced to pay the “Driver Responsibility Surcharge” of $100 plus $25 per additional point each year that your license has 6 or more points recorded. Most importantly, since New York also has a Driver Responsibility Assessment, you could end up being hit with both for accumulating 6 or more points. (See below for details about NY’s DRA.)
Although your Texas license will not usually be suspended as a result of specific point accumulation, if you commit a traffic offense in another state that would cause your driving privileges to be suspended in that state, Texas will suspend your license.
For example, if you are convicted for driving 21 mph over the speed limit in New York while talking on your cell phone, your license can be suspended. After all, speeding 21 over is a 6 point offense and a cell phone ticket is a 5 point offense in New York. Likewise, accumulating 11 points in New York is grounds for the suspension of a New York driver’s license. Since this combined offense would warrant the suspension of a New York license, Texas (in all likelihood) would suspend your license for this out-of-state offense.
New York handles out-of-state traffic tickets differently. If you have a New York driver’s license and receive a Texas traffic ticket, NY will rarely add points onto your NY driving record.
The New York State Department of Motor Vehicles explains, “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 in Texas, 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.
Nevertheless, you will still have to pay the State of Texas the applicable fine and surcharge.
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.
Consequently, if you are convicted 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.
Not only will Texas honor this suspension of your ability to drive in New York State, but (like we mentioned above) it could also suspend your Texas license altogether.
If you receive a New York 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), even if you are an out-of-state driver.
According to the DRA, if you receive 6 points within 18 months, you will have to pay $100 per year for 3 years.
If you accumulate more than 6 points in 18 months, an additional $25 per year will be charged for each additional point you receive. Think about it: 1 extra point will cost you $75 more (since the assessment lasts for 3 years).
As we mentioned earlier, a Texas driver who accrues 6 or more points in New York not only will have to pay the TX Driver Responsibility Surcharge, but he will also have to pay the NY Driver Responsibility Assessment. This means a TX driver faces a DRA of $200 per year for 3 years, on top of the assigned fine and surcharge!
Lastly, if you get convicted of a drug- or alcohol-related offense or refuse to submit to a chemical test, the DRA 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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