New York Driving Law

New York State has recently approved a number of on-line course providers of Point and Insurance Reduction Programs (PIRP).  These are listed by the NY DMV here. Successful completion requires 320 minutes of actual instruction time.  Once completed, the driver is entitled to a 10% reduction for three years of the motorist’s liability, collision, and no-fault insurance premiums.  Additionally, the completion of the program can be applied once within 18 months and will operate to reduce up to four points from the driver’s DMV abstract.  It should be noted that the reduction will NOT remove violations, convictions or prevent/cancel a mandatory revocation or suspension for DWI, DWAI, or 3 speeding convictions within 18 months.

It should also be noted that the completion of the program will not have any effect on the Driver Assessment Fee that a motorist may have been assessed by the State.  To illustrate, suppose a driver has amassed 8 points on her abstract in an 18 month period.  She will pay $150.00 each year for 3 years to the DMV - in addition to the court fines and mandatory surcharge.  Now, because she is only 3 points away from a future suspension (11 points), she successfully completes the PIRP.  The driver will STILL have to pay the $150.00 each year to the DMV, but will be treated by the DMV as having only 4 points for license suspension purposes (8 less 4 point reduction from PIRP).

The offering of these on-line programs is great news for New York motorists who may need such benefits.

It is said that in Rochester, NY there are two seasons - Winter and construction.  With the construction season upon us, there are portions of our local expressway, 490, back under construction with the requisite lane reductions and orange cones.  The construction zones last for several miles.  Accordingly, the speed limit has been reduced to 45 mph from the normal 55 mph.

Clients have been calling with similar fact patterns.  They were issued speeding tickets in these construction zones by the NY State Troopers.  Not only are the fines doubled, but the cited speeds are high enough to trigger the mandatory NY Driver Assessment Fee.  However, because these violations occured within the City of Rochester, they will be heard in the NY DMV Traffic Violations Bureau (TVB). 

The TVB handles non-criminal moving violations in the cities of Buffalo and Rochester, the five boroughs of New York City, and portions of the Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in Suffolk County.  The problem with the TVB is that it offers NO REDUCTIONS to traffic violations.  Clients must plead “guilty” or go to trial if they choose to plead “not guilty”.  “Not guilty” pleas must be mailed within 15 days of the recorded violation date.  On-line pleas are also accepted here.

Trials are heard in front of an Administrative Law Judge (ALJ) who has the authority to find the defendant guilty or not guilty of the offense, set a fine, and the ALJ can suspend or revoke a driver’s license when required by law or if the ALJ believes it is in the interest of public safety.  The evidence of guilt must rise to a “clear and convincing” standard.  The officer who wrote the ticket is required to appear and testify for a finding of guilt.  The defendant has the right to testify, produce witnesses, documentation and have an attorney present.

The bottom line here is to use extra caution and common sense when driving within construction zones.  If you are driving in an area that is subject to the TVB, use extra, extra caution.