Mitchell Parks, Esq.; 164 E. 90 St., LL ; New York, NY 10128
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Our office and all hearing offices we attend are currently closed due to the current health crisis and mandatory orders of public officials, but we continue to be available by phone, email, chat, and ready to defend you as always when all concerned are allowed to return to work.
Phone consultations are always free
We will work with you to arrive at our always reasonable fee and terms of payment that wont add to your stress.
After 18 years at our prior Yorkville location on 81st street our office has moved to our current location in the Carnegie Hill section of the Upper East side at 90th street between Lexington Ave & 3rd Avenue.
Q Do points count from now or when the ticket was issued ?
A. the short answer is for DMV purposes point counts occur on date of conviction, but at that time what is calculated is the sum of points for the 18 months surrounding the date of offense of the matter at hand. When a conviction occurs if the offense convicted carries points the notation of the offense, date of conviction, violation date, description of offense, and points are published to the driving record. The hearing judge and/or DMV systems will on the date of conviction count the points including those of the instant offense for the 18 months SURROUNDING THE DATE OF OFFENSE and if those total sum of points are 6 or more you will be charged a driver responsibility assessment fee (DRA). If the points for the 18 months surrounding the date of offense are 11 or more you may be suspended. Once a conviction appears on a driving record, other interested parties, like employers, insurance companies, authorities who issue other licenses, like taxi licenses, may reference the DMV record and have their own means of assessing convictions, and may or may not utlize DMVs point assignments.
Q. I got a letter /Notice of Liability in the mail saying I passed a red light ( was speeding,, was illegally in a bus lane, etc.) Will I get points ?
A. No. Camera enforcement programs anywhere in the state of New York result in a fine notice mailed to the registered owner of the vehicle for which the camera system monitored said vehicle in alleged violation of certain traffic law provisions, including speeding, red lights and improper use of bus lanes. A conviction will not appear on anyone's driving record, and so carries no consequences that flow from recording, such as points, Driver Responsibility Assessments, accumulated offenses leading to suspensions / revocations (will not count toward the 3 speeding conviction revocation penalty). The law makes the registrant - that is the person to whom the license plate of the vehicle photographed is registered - responsible for a civil fine for the supposed offense. The identity of the driver is not determined nor sought, so the offense is not assigned to any individual's driving record. It is treated essentially the same as a parking offense. Accumulated judgments, just as for parking tickets, in some cities are added to the sum of fines that include parking tickets, may subject the vehicle involved, or any other vehicle of the same registrant, to seizure / impoundment (booting or towing) if the total owed exceeds a predetermined threshold amount. If you want to challenge such a case, it is usually handled the same as a parking ticket. Our office only handles camera cases for persons who have specific consequences with employers for camera charges the employer determines belongs to the person in question - that is usually salespersons operating company cars, and municipal bus drivers accused of a traffic offense on the job using camera evidence.
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