New York Traffic Violation Records

Traffic violation records refer to official records and documents maintained by the state Department of Motor Vehicles relating to the contravention of traffic regulations in the state. These records typically include details of traffic violations committed by drivers within the state, such as speeding, running red lights, and other infractions. Note that records of traffic violations categorized as criminal offenses, maintained by the court in New York State are maintained by the respective courts handling those cases.

While New York State punishes traffic violators, repeat offenders are penalized more severely. The penalties and other initiatives established by the state have had a significant impact on the number of traffic offenses experienced in the state. In New York State, 7.51% of drivers in the state have a prior speeding violation record. This figure is lower than the 10.54% national average.

One of how traffic violations are punished in New York State is the points added on driving records. Increased points on an individual's driving record result in increased insurance premiums and potential license suspension or revocation.

Are Traffic Violations Records Public in New York?

In New York State, the Department of Motor Vehicles (DMV) is responsible for maintaining records of traffic violations. The DMV's Traffic Violations Bureau (TVB) oversees non-criminal traffic infractions within New York City, while local courts handle violations elsewhere in the state.

Traffic violation records are generally public in New York. However, access may be limited based on the nature of the offense. Basic driving records, including traffic infractions, may be obtained through the DMV, though certain personal details may be redacted to protect privacy under the Driver's Privacy Protection Act.

In most cases, traffic offenses requiring a court appearance are handled by the city court or the town and village court. Severe cases, such as vehicular manslaughter or repeat DUI offenses may be handled by the county or supreme court. Hence, once you determine the court that handled a traffic violation case, you may obtain such a record from the court, unless the record has been sealed or expunged by court order.

How To Look Up Traffic Tickets in New York?

You may check your traffic violations online on the TVB (Traffic Violations Bureau) platform. The state DMV's TVB handles non-criminal traffic violation tickets issued in all five boroughs of New York City. Otherwise, if the violation occurred elsewhere in the state, tickets may be looked up through the local court handling the violation.

Another way to look up traffic violation tickets in New York is via third-party public record databases, such as PublicRecords.us. Since traffic violation records in New York are generally public, third-party websites can aggregate them into searchable online databases.

Where Do I Pay Traffic Violations?

If you were issued a ticket by the TVB in any of the five boroughs in New York City, you may pay for the ticket online or by phone. To make payment, you will need the ticket number and DMV ID Number or the full name, date of birth, and gender as it appears on the ticket. If your ticket was issued outside NYC, payments are handled by the local court where the ticket was issued. Many local courts allow payments through their websites or the New York State Unified Court System's payment portal. Alternatively, you may visit the local courthouse where the case is being handled to pay for the ticket.

How Much Does It Cost To Request Your Driving Records Online?

Individuals may request their driving records online through the New York State Department of Motor Vehicles (DMV) website. The DMV issues standard, lifetime, and Commercial (CDL) driving records. The standard record contains information related to an individual's record over the past few years, while the lifetime driving record contains all the information the state DMV has available about the owner of the record, regardless of the data retention rules in the New York State Vehicle and Traffic law.

You may request a driving record online via your MyDMV account. The record costs $7. To obtain the record, your most recent New York State driver's license, permit, or non-driver ID will be required. Requests for driving records via the DMV portal may take five business days to process. Note that mail requests cost $10.

A New York driving record includes moving violations, traffic tickets, accidents, driver's license status, and any suspensions or revocations.

What Are Moving and Non-Moving Violations in New York?

A moving violation may be defined as any traffic violation occurring while a vehicle is in motion, while a non-moving violation is a traffic infraction occurring when the vehicle is not in motion. Examples of moving violations in New York State include:

• Driving while under the influence
• Distracted driving
• Running red lights or stop signs
• Speeding
• Reckless driving
• Improper lane change or passing

Common non-moving violations include:

• Expired registration
• Parking violations
• Equipment violations such as broken tail lights or cracked windshields
• Insurance and registration issues

Moving violations may have significant consequences for a driver's record and insurance costs. Each offense carries a specific number of points that are added to the driver's record. If a driver accumulates too many points within a period, their license may be suspended or revoked. Additionally, moving violation convictions are often reported to insurance providers, which may lead to higher premiums.

In contrast, non-moving violations generally carry less severe penalties. These infractions typically result in fines, with the amount varying based on the nature of the offense. Unlike moving violations, non-moving violations do not add points to a driver's record. As a result, they do not contribute to license suspensions or revocations.

How Long Does DWI Stay on Your Record in New York?

A DWI conviction in New York stays on your driving record for 15 years. Driving while intoxicated is considered a serious crime in New York, with significant penalties including loss of driving privileges, fines, and potential jail time. Drunk driving is considered severe due to its impact on public safety and the high risk of accidents.

New York has a low rate of drunk-driving-related deaths. According to a survey, the state recorded a total score of 36.68 out of 100 to rank the fifth lowest state with drunk-driving-related deaths in the United States. Similarly, New York records about 170 DUI arrests per 100,000, while the DUI road fatalities per 100,000 rate is estimated at 3.

Typical penalties for DWI in New York include the following:

• First Offense: Fines ranging from $500 to $1,000, potential imprisonment up to 1 year, and a minimum six-month license revocation.
• Second Offense (within 10 years): Classified as a Class E felony, with fines between $1,000 and $5,000, imprisonment up to 4 years, and a minimum one-year license revocation.
• Third Offense (within 10 years): Considered a Class D felony, carrying fines from $2,000 to $10,000, imprisonment up to 7 years, and a minimum one-year license revocation

What Are the Penalties for Breaking the Speed Limit in New York?

Speed limits in New York State are governed by provisions of the New York Vehicle and Traffic Law. They vary depending on the location and roadway. Common speed limits in the state are:

• Rural Interstate Highways: 65 mph (where posted)
• Other State Highways: 55 mph unless otherwise posted
• Urban Interstate Highways: 55 mph
• Residential and Business Districts: 30 mph unless otherwise posted
• School Zones: 15-25 mph during designated hours

Per state law, the following penalties apply for speeding in the state:

• Up to 10 mph over the stated limit: A minimum fine of $45, a maximum fine of $150, and a possible jail time of not more than 15 days.
• Over 10 mph but less than 30 mph over the stated limit: A minimum fine of $90, a maximum fine of $300, and a possible jail time of not more than 30 days.
• More than 30 mph over the stated limit: A minimum fine of $180, a maximum fine of $600, and a possible jail time of not more than 30 days.
• Inappropriate speed: A minimum fine of $45, a maximum fine of $150, and a possible jail time of not more than 15 days.

If an individual is convicted of multiple speeding violations within 18 months, the fines will increase accordingly. Also, a driver's license will be revoked upon receiving three speeding convictions within the same timeframe. The fines may vary for speeding in school zones or on restricted highways and are usually doubled in work zones.

New York State also adds points on driving records for speeding. Speeding between 1-10 mph attracts 3 points, 21-30 mph attracts 6 points while exceeding the posted limit by more than 40 mph attracts 11 points. Note that in addition to fines and point additions, you may be required to pay a state surcharge and potentially a Driver Responsibility Assessment for receiving six or more points on your driving record over 18 months.

How Long Does a Speeding Ticket Stay on Your Record in New York?

In New York State, a speeding ticket remains on a driver's record for four years from the date of the violation. However, the points from the violation remain active for 18 months to determine penalties.

How To Appeal A Traffic Ticket?

If you receive a traffic ticket in New York State, you may contest it in the following way:

• Plead Not Guilty and Request a Hearing: You may contest a ticket by pleading not guilty and requesting a hearing before the relevant traffic court or the Traffic Violations Bureau (TVB) if the violation occurred in New York City.
• Challenge the Officer's Observations: You may argue that the officer made an error in determining that you violated traffic laws.
• Question the Accuracy of Traffic Devices: If radar, laser, or red-light cameras were used, you may request calibration and maintenance records to challenge their accuracy.
• Present Evidence of a Justifiable Reason: If circumstances beyond your control led to the violation, such as a sudden emergency requiring evasive action, you may argue a "necessity defense." You may use dashcam footage, witness testimony, or accident reports to support your claim.
• Argue that Your Driving Was Necessary to Prevent Harm: You may argue that your ticketed driving was necessary to prevent immediate harm, such as swerving to avoid a pedestrian or dialing your cell phone to report an accident.

You should consider hiring a traffic attorney to defend you in specific situations such as when your ticket may result in high fines, significant points on your driving record, or license suspension. Also, hiring an attorney may be useful when you have previous violations on your record and in situations where you are unsure of court procedures.

How To Resolve an Out-of-State Traffic Ticket?

Traffic reciprocity rules such as the Driver's License Compact (DLC) and the Nonresident Violator Compact (NVC) may affect your driving record if you receive an out-of-state traffic ticket. Under the DLC, your home state may treat a traffic ticket as if it occurred within its own jurisdiction, adding points to your driving records or imposing other penalties. The NVC enforces penalties for unpaid traffic tickets. Hence, if you fail to pay a traffic ticket issued out-of-state, your home state may suspend your driver's license until the fine is paid.

• Plead Not Guilty and Request a Hearing
• Hire a Traffic Attorney in New York: An attorney may negotiate for reduced penalties or dismissal of the ticket.
• Challenge the Evidence: If the violation was recorded by radar or a traffic camera, you can request calibration records and question their accuracy.
• Negotiate a Plea Bargain: Some courts allow plea bargaining, where you may plead guilty to a lesser offense to reduce fines and license points.
• Provide a Justifiable Reason: If you have a legitimate excuse such as a medical emergency or incorrect signage, you may present evidence to support your case.

How Does New York Traffic Laws Differ From Other States?

Traffic laws are common to all jurisdictions in the United States, however, each state has specific rules and enforcement policies. Some unique New York State traffic laws include:

• Use of Headlights: Must be on 30 minutes after sunset until 30 minutes before sunrise and when using wipers in bad weather. Required in fog; daytime running lights don't count.
• Turning on Red: Right turns on red are allowed after stopping, except in NYC unless a sign permits. Left turns on red are allowed only from one-way streets onto another one-way street after yielding.
• U-Turns: Allowed when safe, from the leftmost lane, and where not prohibited. Illegal near hilltops, curves (if visibility is under 500 feet), school zones, expressways, and NYC business districts.
• Driving Under the Influence (DUI): A BAC of 0.05% indicates impairment, 0.08% is intoxication, and 0.18% is aggravated DWI. Under-21 drivers face license suspension for any measurable BAC.