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More Fees For New York Drivers: The Driver Responsibility Assessment
The New York Driver Responsibility Program, adopted in 2005, is intended to improve safety on New York roads by assessing an annual fee on drivers convicted of certain driving offenses.
ALBANY, NY, September 05, 2011 /Travel PR News/ -- The New York Driver Responsibility Program, adopted in 2005, is intended to improve safety on New York roads by assessing an annual fee on drivers convicted of certain driving offenses. The fee is in addition to any fines or penalties related to the offense itself. Officially named the Driver Responsibility Assessment (DRA), the additional fee is enforced by the New York Department of Motor Vehicles (DMV).
Moving Violations That Trigger the Driver Responsibility Assessment
The DRA is charged to drivers who have:
- While driving a car, boat, snowmobile or other motor vehicle, been convicted of an alcohol- or drug-related violation such as DWI or DWAI;
- Refused to take a chemical test
- Accumulated six or more points on a New York driver record within 18 months
Points are earned for a variety of moving violations. A speeding ticket can result in anywhere from three to 11 points, while reckless driving or failing to stop for a school bus can result in five points.
Assessment of the DRA
If the DMV has determined that you have been convicted of any of the above violations, you will receive a mailed notice of the assessment amount that will be charged to you. The assessment may be paid annually for three years, or all at once.
The amount of the fee varies based on the reason the DMV assessed the DRA. For alcohol- or drug-related violations or refusing to take a chemical test, the assessment amount is $250 a year. If the reason for the fee is the accumulated points on your driving record, the exact amount depends on how many points you have: For six points in 18 months, the assessment is $100 a year; for each additional point over six, it is another $25 a year.
Out-of-State and Out-of-Country Traffic Offenses May Count, Too
In general, receiving a speeding ticket or other moving violation outside of New York will not lead to points being added to your New York driver's record. However, moving violations committed in Ontario and Quebec are exceptions to this general rule. If you are a driver licensed in New York and are convicted of speeding, drunk driving or any other traffic violation in either of those Canadian provinces, points will be added to your New York driver's record -- and can be used to assess you a DRA.
Individuals who are not licensed in New York, but receive a violation that would count for six points -- such as a speeding ticket for 21 mph over the limit -- can also be assessed a DRA.
Avoiding a Driver Responsibility Assessment
The easiest way to avoid the three-year fee of a DRA is to avoid being convicted for a moving violation or alcohol- or drug-related offense. But mistakes do happen. If you have been cited with an assessment-triggering offense, you have more options than just accepting the additional charge.
Fight the ticket. By pleading guilty to the charge, you are admitting that you committed the offense charged or cited. This is the equivalent of a conviction; convictions for most moving violations will add points to your record.
Fighting a ticket gives you the opportunity to seek dismissal of the ticket entirely or a reduction in the level of the offense cited. Dismissal will result in no points and a reduction could result in fewer points being added to your record. You can attempt to fight the offense yourself, but depending on what local New York state court you're appearing in, you will likely find more success with the aid of an Albany traffic attorney.
Too late to fight? Mitigate. If you've already been convicted of a traffic offense, you can try to mitigate the damage by taking a DMV-approved accident prevention course. Through New York's point and insurance reduction program, you may be able to reduce your driver record point total while also saving money on your car insurance premiums. Another alternative is to file a motion for a writ of error coran nobis and attempt to vacate your plea.
If you have already been assessed a DRA, completion of a driving course will not change any existing assessments. The key is to be aware of the number of points on your driving record and take the course before you've accrued the six points that would trigger a DRA.
Website: http://www.trafficviolationlawyerny.com
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