Ithaca Cortland Lawyer How to Understand (and Interpret) Your NY DMV Driving Abstract

If you have a driver's license then you also have a driving history. In fact, you may have a driving history in more than one state because you have moved from one area of the country to another (ie. having more than one license to drive) OR because you have gotten tickets (violations) in more than one state.

A license History = a driving Record = a driving Abstract. 

They all mean the exact same thing. Different states refer to them by different names. In New York State, it is called an ABSTRACT. If you go into your local DMV office you would fill out a form for an abstract request, current fee is $10.00. Some states allow you to go online, and get a non-certified copy of your record as well.

Lifetime Driving Histories in NYS

NYS does not allow you to choose the number of years of history displayed on your abstract. Local offices go back 10 years (at a minimum). Most infractions will stay on your record (locally that is) for 4 years. DWs of all types will be on your record forever.

Many other states allow you choose how many years of history you want. You can request a 3 year, 5 year, or a 10 year driving record. NYS DMV in Albany has the lifetime driving records of all NYS license holders. What is more alarming is that they are now holding these past lifetime record of moving violations, non-moving violations, accidents, points, DWs, and any traffic related matters against people. Something you did 25 years ago may return to haunt you today.

To understand your NYS DMV abstract you must first look at three things:

1. Violation Type: this will be displayed in VTL format (vehicle and traffic law section) and a brief description of the infraction. It could even be a misdemeanor (criminal) VTL, not necessarily a non-criminal violation level offense.

2. Date of the Violation: this is the date that the incident occurred, that you were cited by the police. This is by far the most important date to consider when calculating time periods.

3. Date of Final Court disposition: This is the date that the court accepted your guilty plea (to something) or you were found guilty (after a trial).

TO FIGURE OUT YOUR EXPOSURE (potential) to a New York LICENSE SUSPENSION  

From the date of your current violation go back 18 months to see what the points or speeds add up to.
Remember the law is that if you have gotten 3 speeds (speeding tickets) within 18 months or have accumulated 11 total points within 18 months = A License Suspension.

ie. if you have a current (pending) speeding ticket (violation date) and you have two others (by violation dates) within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending speeding ticket.

ie. if you have a current (pending) moving or non-moving violation with 4 points and you have 7 prior points on your driving record within the past 18 months YOU are now facing a driver's license (privilege) suspension in NYS if you are found guilty or plea guilty to this pending violation ticket.

If you have taken a Defensive Driving Course (in NYS this is one of the PIRPs) then some points may be negated from your record for a time period. Generally up to 4 points can be negated (not count) towards your total points. The PIRP = point insurance reduction program.

Law Offices of Lawrence Newman
504 N. Aurora Street
Ithaca, NY 14850

fax: 866-381-3122
ph: 607- 229-5184

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It's Apples and Oranges: Comparing the Costs of Traffic Infractions in New York and Florida

Making the Mistake of Comparing an Apple with an Orange

 These scales will never truly balance from uskowioniran.com

I was recently asked by a family friend to help him clean up his Florida tickets (traffic) so he could get back his license to drive. I do this regularly for New York drivers but had not within the state of Florida. Being licensed in a state (I am licensed in Florida), and actually practicing a specific area of law are two wildly different things. Many people are under the mistaken impression that having passed a state bar exam, getting a license, and knowing how to practice there is the way it is. It is not. I have practiced other areas there, just not traffic.

Florida is Fairly Simple: One County Courthouse for Everything

Every Florida county has a grand Courthouse. Florida is old but it's legal system is fairly new and progressive. I like to look at states as either a "Common wealth (NYS) or a Statutory State." Statutory states have set numbers (fees, fines, costs), and many commonwealth jurisdictions have wide ranges. Wide ranges, give Judges wide latitude (read discretion) on punishments and punishing.

You can do everything from a speeding ticket to a murder case in this one structure. Upstate New York has thousands of little town and village courts. In my area (the Fingerlakes region of NYS) I handle a few hundred Courts within a hundred square miles. 2/3 of our judges are non-lawyer justices/judges. They go to judge school (a couple of weeks), and then receive further training courses. They preside over misdemeanor and violation cases. They can place you in jail for up to year and/or three years of probation.

So many little courts over this land mass from fingerlakestravelny.com

I began my legal help (services) online in Florida. With the person's private information (DOB, social, license number) I could freely access all their information. All their outstanding tickets came up, and where, and how to take care of them (on hyperlinks). I was in heaven, so organized and simple. All the phone numbers are listed. They have people there 9:00 to 4:00, everyday, and they are helpful. Afterall they want to get your money. I called them all, and for the most part was pleasantly surprised!

Well, in a place like Jacksonville, FL (Duval County), with 870,000 people, and growing, it has to be well managed and highly organized. With a commiserate number of traffic tickets that requires serious management. They could not do what we do upstate, one ticket at a time. The back log, and lash would be brutal.

In New York State I need to go to the DMV, and fill out paper forms, get a printout and then look up the Court addresses and phone numbers. NYS s very old school. Some courts don't even have websites or listed numbers. I can then try to call them but they are usually part time courts, with part time clerks, with part time prosecutors, and with part time judges. Some don't even have voicemail (or allow/accept voicemail). Did I mention they are part-time? How frustrating it can be to resolve anything here at times.

Back to my Florida experience. I contacted three counties, a collection agency, and the DMV all in less than 2 hours. I got to the bottom of 6 tickets, how much, where, when, and how to pay in that time. The total cost of all of these tickets: Less than $600, and that is with fines, fees, and the collection agency adding 40%. Mind you these tickets went back over 7 years.

In Upstate New York State, similar stuff would be in the thousands of dollars, hell one court for one old ticket could easily be over $600? Our fines, surcharges, and fees are high (like New Jersey) compared to good old Florida.

Is Florida better? Yes and No, just much easier and cheaper when it comes to this area of practice/law. Many people and lawyers doing Florida traffic tickets would be surprised by the New York experience. I got a call from a Florida guy once asking me to handle a Upstate New York ticket, when I told him my fee he balked but you guys (attorneys) do a dozen tickets all at once (like Florida), not true. Not easy or simple, not 9 to 4, we have night court as well, some Courts have Saturday court only.

So before you think every state or place is the same, get the real picture. Apples and oranges are both fruit but they are very different from one another.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184