If you are a West Virginia driver looking to vacation in New York for a little while, it is vital for you to understand the ramifications of an out-of-state traffic ticket.
The following information is designed to help demystify and explain what exactly happens when you get an out-of-state traffic ticket.
Both New York and West Virginia signed the Driver’s License Compact. This means NY and WV share driver data with one another.
Basically, if you receive a NY traffic ticket but are a WV driver, WV will be notified about the ticket you received. This also applies if you are licensed in NY and get a WV traffic ticket.
If you are a West Virginia driver, you need to be very careful about out-of-state traffic tickets because points will follow you home.
According to page 17 of the West Virginia Driver’s Handbook (under the heading “Driving in Other States”):
A careful reader might think that “if warranted” could give a driver a way out of having points on his West Virginia license. Unfortunately, that is not how WV looks at it. This phrase simply means that if your offense was worth points in West Virginia, then your driving record will take a hit.
However, if the out-of-state traffic ticket was not worth points in West Virginia (even if it was worth some points in NY or another state), your West Virginia license will not have points put on it.
The points that WV will put on your license will be the amount that the offense would have been worth had you been ticketed in West Virginia. In other words, you will not receive 8 points for speeding 41 mph over the speed limit (i.e. the amount NY would give you). Instead, if you are a WV driver convicted of cruising 41 over in NY, you will have 5 points put on your WV record.
It is worth noting that a conviction will require you to pay a fine to the State of New York, not West Virginia. Also, that fine will be the New York price, not what WV would have fined you had you been ticketed there
New York handles out-of-state traffic tickets very differently. If you have a New York driver’s license and receive a WV 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.”
Ultimately, if you are convicted of speeding in West Virginia, 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 West Virginia the applicable fine and surcharge.
If you are West Virginia driver and accrue 11 points or more in New York, you will lose your NY driving privileges.
This accumulation of 11 points will be determined based on the New York point system, not West Virginia’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 West Virginia honor this suspension of your ability to drive in New York State, but West Virginia has the ability to also suspend your WV 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).
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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