Updated November 2026 · Reference
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1. Speeding and work zones
New York assigns points by how far over the limit you were, not by whether it was a highway or a side street. A stop-sign or red-light camera ticket is a civil penalty and usually carries no points; a ticket written by an officer does.
| Speed over limit | Points | Typical fine |
|---|---|---|
| 1–10 mph | 3 | $45–$150 |
| 11–20 mph | 4 | $90–$300 |
| 21–30 mph | 6 | $180–$600 |
| 31–40 mph | 8 | $240–$800 |
| Over 40 mph | 11 | $300–$1,000+ |
Work zones are separate. Fines double for speeding and for most moving violations in an active work zone, and a second work-zone offense can add points. The zone is active when workers are present or the signs say so; the reduced limit applies even if you see no one.
2. DWI and DWAI
New York uses two thresholds. Driving While Intoxicated (DWI) starts at a blood-alcohol content of 0.08; for a commercial vehicle the limit is 0.04. Driving While Ability Impaired (DWAI) covers 0.05 to 0.07, and can also be charged when drugs or a combination of alcohol and drugs impair driving.
A first DWI is a misdemeanor: a fine of roughly $500 to $1,000, up to a year in jail, a six-month license revocation, an ignition interlock requirement, and mandatory assessments. A first DWAI is a violation rather than a crime, but it still brings a fine and a 90-day suspension. Refusing a chemical test triggers its own administrative suspension, separate from the criminal case.
Open containers: an open container of alcohol in the passenger area of a moving vehicle is prohibited, even if the driver has not been drinking. The passenger can be charged.
3. Phones, seat belts, and children
Handheld phone use is a primary offense: an officer can stop you for it alone. A first conviction is a fine of $50 to $200 plus five points; a second within 18 months goes higher. Texting, email, and holding the phone while stopped at a light all count. Hands-free use is allowed for adults.
Seat belts are required in the front seats and for all passengers under 16 in the rear. The driver can be ticketed for an unbelted passenger under 16. New York requires a rear-facing seat for children under 2, a child restraint for children under 4, and an appropriate booster or restraint until the child is 8 or fits the seat belt correctly.
School buses are the one rule visitors most often miss: when a school bus has its red lights flashing, traffic in both directions must stop, including on a divided highway, until the lights stop. The penalty is five points and a fine that starts around $250.
4. Emergency vehicles, work crews, and trains
The Move Over law requires drivers to slow down and, where possible, change lanes when passing an emergency vehicle, tow truck, or highway crew stopped with lights on. On a two-lane road, slow down and give as much room as the road allows.
At a railroad crossing, stop when the gates are down, the lights are flashing, or a train is visible. Never stop on the tracks, even in traffic; wait behind the line until you can clear the crossing completely.
Reckless driving is a misdemeanor with five points and a possible jail sentence. Leaving the scene of an accident with injury is a felony, not a traffic ticket; the penalties escalate quickly with the severity of the injury.
5. Points and suspension
New York counts points over an 18-month window. Eleven points triggers a suspension hearing; a driver under 18 can be suspended at six. Points come from convictions, not from the ticket itself, and camera tickets generally carry none.
A defensive-driving course approved by the DMV can reduce up to four points once every 18 months, but it cannot erase the conviction or the insurance record. Points expire for suspension purposes after 18 months, though insurance companies keep their own records longer.
If you are stopped: pull over safely, keep your hands visible, and have your license, registration, and insurance ready. Do not argue the ticket at the roadside; the summons explains the court date and the appeal path.
6. Court, pleas, and insurance
A moving ticket lists a court date and a fine. You can plead guilty by mail or online and pay, or plead not guilty and request a hearing. Ignoring it is the one option that always ends badly: a missed answer can produce a default conviction, added fees, and a suspended license.
Points are assessed by the DMV, not the court. Paying a fine is still an admission for insurance purposes even when the ticket carries no points, so a camera ticket and a three-point speeding ticket land differently on your premium. Most insurers surcharge for about three years.
Out-of-state drivers are not invisible. New York belongs to the Driver License Compact, and most states report convictions back home. A ticket paid in New York can show up as points on your home license long after the paper went to an address you left.
7. Quick answers
Do camera tickets add points in New York?+
Generally no. Red-light and speed-camera tickets are civil penalties against the registered owner and do not add DMV points, but they still cost money and can be appealed.
What is the BAC limit for a DWI in New York?+
0.08 for a private vehicle, 0.04 for a commercial vehicle. A BAC of 0.05 to 0.07 can still be charged as DWAI.
Can I use a hands-free phone while driving?+
Yes for adults, if the device does not require holding it. Handheld use, texting, and scrolling are prohibited even while stopped at a light.
How many points suspend a license?+
Eleven points in 18 months for most drivers, six for drivers under 18. The DMV sends a suspension notice after the threshold is reached.