Wednesday, July 22, 2009

Do Points Transfer? Out-of-state tickets are not that simple ...

If you have a ticket in New York, please check out our New York Traffic Lawyer page.
This is one of the most common questions we get: Do points transfer? Or: "Will the points transfer to my home state?"

The short and misleading answer is No. The points themselves do not transfer to other states.

So what does happen? In most situations, the state where you got the ticket will report any conviction to your home state. Your home state might then assign points to the violation according to its own rules.

Example: You are an Ontario driver and you get a speeding ticket in New York State, for going 85 mph in a 65 mph zone.

If you plead guilty or are convicted at trial of the 85/65, it will count for 4 points against you in NY. NY will report to Ontario. Ontario will count it against you per the Ontario system. 20 mph over the limit is about 32 km over the limit. In Ontario, 31-45 km over is 4 points.

If it had been 80/65, then it would still be 4 points in NY, but only 3 points in Ontario.

If your lawyer (yes, that's a hint) gets the ticket reduced to something less, there's a good chance it won't count for points against you in Ontario. A speed of 15 km (9 mph) or less in Ontario is no points, even though it would be 3 points in NY.

Different states handle tickets from other places differently. Quebec and Ontario recognize NY tickets and maybe tickets from a couple other states. Most other Canadian provinces do not recognize NY tickets. Maybe BC recognizes WA tickets?

New Jersey recognizes out-of-state tickets, and they generally count for 2 points there, no matter how many points they are in the state where you got the ticket. Could be a 3-point or 11-point speed in NY? Either way, 2 points in NJ. Your lawyer (again, a hint) may be able to get you a deal to something that doesn't count for points in NJ.

NY generally does not recognize out-of-state speeding tickets. I've been told it does recognize tickets from Quebec and Ontario. We have seen a Quebec speeding ticket on a NY driving record and we have seen out-of-state DUIs as well.

Florida recognizes out-of-state tickets. One common deal NY lawyers get for drivers is actually more points in FL than a low speed. So make sure you ask the lawyer you call what deal they think they can get for you in NY and how it will affect you in FL.

North Carolina is one of the trickiest. A speeding ticket that might be considered minor in NY could get you suspended in NC. Watch out! Virginia can also be difficult.

Every state is different and there can be many complications. So you might want to discuss this with a lawyer in the state where you got the ticket, and maybe with a lawyer in your home state as well.

And don't ask: "Do the points transfer?" It's not the right question. You should ask: "How will this affect me in my home state?"

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Update: See new post on Out of state tickets for Maine drivers.

29 comments:

leanne said...

Hi I needed advice I got a a failure to keep right ticket in nj was wondering how many points will i get on my NY driving license...

Anonymous said...

I got a ticket in NJ TPK for speeding 85 mph in a 65 mph zone and failure to use a car seat for a child under 8 and we didn't have anyone under 8 there . Could you help me and give me some advice on what i should do and also will my points transfer because i live all the way here in VA..

Anonymous said...

HI I am a Va Driver got a NY speeding ticket for going 84 in a 65 MPH limit. Will those points transfer to my VA license? How can I get them reduced? I was in a rush that day because They had just pulled the plug on my father who passed away 3 days later. I explained to the cop who had no mercy. This is my first in over 10 yrs. speeding violation. Please help.

Albany Lawyer said...

I have seen out-of-state tickets on a VA driving record.

Anonymous said...

Hello, I am a ny resident received a ticket of 77/55 in VA, how will this effect my ny license(points)

Albany Lawyer said...

It's my understanding that VA would suspend you for a speed that high. You should check with a lawyer there to be sure.

CAG said...

I live in CT but received a speeding ticket in upstate NY for 73 mph in a 55 mph zone. Would I receive points on my CT license, impacting my insurance? Thank you for your insight.

Albany Lawyer said...

CAG - The best answer I have for you is: "Maybe." According to CT rules, the answer is yes. But does it really happen? Maybe.

Anonymous said...

got ticket in ny 82 m in 55 miles zone. live in nj. how will it effect me?

Albany Lawyer said...

Did you read the post?

Anonymous said...

Hello. I received a ticket on I80 in Pennsylvania for failure to observe traffic control device. The ticket is no points there but I have a NJ licence. I know that NJ assigns to points to all violation but does it include tickets that have no points in the state they were received?
Thank you.

Anonymous said...

Hello,

I got a ticket for speeding (80/55) on I287, NJ. This happened while a test drive of my car due to some issues. The technician is beside me in the car and I was trying to demo the issue to him.
I have a Delaware driving licence. How the points are calculated in Delaware for out of state violations?

Warren Redlich said...

Good question for a Delaware lawyer, but I believe Delaware does count out-of-state tickets against you for points.

Sometimes we can get a deal for a "broken speedometer", but it's hard to believe that someone going 80 mph didn't realize he was going over 55.

Anonymous said...

Hello, I recieved a failure to obey a highway sign in VA. The VADMV website says that would be three points. Will these three points from VA transfer to my NC driving record?

Warren Redlich said...

Please read the post again. "Points" do not transfer. The violation will be reported to NC, and NC will probably assign points per the NC system.

Anonymous said...

Got a ticket going 85/60 in ga on an Indiana license then got a fl license a week later. How will the points affect my record

Anonymous said...

Hello I got a speeding ticket ... 79 in a 70 zone in South Carolina, how does this afect in my state home (New York)

Warren Redlich said...

Read the post

Anonymous said...

Hi. I read your post. I know the speeding ticket I got in CT (85 in a 65) will be reported to NJ and NJ assigns 2 points to out of state tickets. In nj, it would be a 4 point ticket. Will insurance view it as 2 points or 4 points? I think NJ premiums don't go up for your first 2 points but after it does. Is that correct?

Warren Redlich said...

I don't know 100%, but I believe the insurance is based on the speed, not the points.

dubdub said...

Virginia driver license, speeding ticket in California for 78 in a 65. Virginia DMV treats out of state convictions reported to the VA DMV the same as if the conviction were in Virginia. My question is, will California report the speeding conviction to the VA DMV? Some states do not report to your home state for very minor violations.

Anonymous said...

I got a ticket for taking right turn on no turn zone in NYC. I am NJ resident. Is there any way to reduce points in NJ?

Warren Redlich said...

For NYC tickets you have to fight them. Call Scott Feifer.

Jon Ward said...

I got a "failure to observe traffic lanes" ticket in NJ. Will this transfer to my NY License?

Warren Redlich said...

Tickets from other states do not usually appear on a NY license. But I wouldn't put it past Governor Cuomo to change that.

Anonymous said...

I received a ticket for speeding in NJ and I have a Washington State Driver License. How will this affect my home state license in WA? Thank you.

Warren Redlich said...

I don't know that one. Best guess is probably. Check with a WA lawyer.

Anonymous said...

My dad has a Delaware license. Four days after he moved from Delaware to NJ, he received two tickets for stopping on the side of the road and asking an unhappy officer for directions. The ticket is for “failing to obey officer” and carries 2 points. My dad didn’t understand the officer and didn’t have his hearing aid. The officer was very rude and inpatient. I went to the court with my dad twice. First time, the prosecutor said we have to go back to the court because the officer wasn’t there. Last week, we went back to the court again. The officer told the prosecutor that my dad didn’t obey him so they still want to give him two points.

What do you think I should do? Should we appeal and/or go to trial?

Thank you!

Warren Redlich said...

I think you should hire a NJ lawyer to help with this. And I'm not a NJ lawyer.