Derek S. Andrews, Esq., an associate attorney with Larkin Ingrassia, PLLC, recently assisted the New York State Association of Criminal Defense Lawyers’ Motor Vehicle Committee develop a practice notice for attorneys across New York State after new DMV regulations took effect on November 6, 2024. This notice can be found here: https://nysacdl.org/news/687123/New-2024-DMV-Rules-and-Regulations-Changes.htm. We would strongly recommend all New York State drivers review this notice to ensure that your ability to drive in New York is preserved as much as possible.
Highlights of Changes
As many know, points are used to calculate whether a motorist will need to attend driver improvement clinics or possibly face suspension or revocation of their licenses after a hearing with DMV.
For the first time ever, DMV will now impose 11 points for drivers convicted of any impaired or intoxicated driving offense. Drivers found to be driving on a suspended or revoked license will also receive 11 points on their driving records. Eight (8) points will be assessed to drivers convicted of passing or overtaking a stopped school bus, operation of a motor vehicle in excess of a highway height limitation, striking of a bridge or highway structure, and speeding in a construction zone. Five (5) points will now be assessed for facilitating aggravated unlicensed operation, failure to exercise due care under, and leaving the scene of personal injury accident without reporting.
DMV will now use a 24-month period (used to be 18 months) to determine if a motorist has reached the reached the required number of points before they’re instructed to attend a driver improvement clinic or risk loss of their license.
The 18-month period remains in effect for the calculation of whether a motorist will be responsible for paying a points-based Driver Responsibility Assessment (DRA). The New York Vehicle and Traffic Law still requires a DRA to be imposed for someone who has 6 or more points within an 18-month period. It’s $100 per year for three years for the first six points and $25 per year for each additional point. For instance, an 11-point within violation will result in a $675 DRA payable over three years.
Previously, DMV would administratively revoke a motorist’s license for life if they were convicted of five alcohol- or -drug related driving incidents within their lifetime. DMV reduced that to just four lifetime incidents. They also added youthful offender adjudications of impaired or intoxicated driving offenses to the list of incidents that count towards this lifetime license revocation. Previously, a person under the age of 19 years old who accepted a youthful offender adjudication was safe from such an incident counting towards DMV administrative revocations.
Negative units (a behind-the-scenes assessment by DMV that is different than points) for many offenses were increased and the extended lookback period for negative units increased from 3 years to 4 years. 25 or more negative units at the time of application for re-licensure following a revocation will result in DMV’s denial of an application.
While these regulations are effective as of November 6, 2024, DMV has said that it may take some time for their systems to be updated to ensure the new regulations are fully and properly enforced.