By Chris Genovese, the “Marketing Guy”
We talk and write quite a bit about the dangers caused on our roads by drivers that are either aggressive, distracted, or otherwise reckless, and how that affects us as motorcycle riders. A lot of that conversation focuses on our efforts, as members of ABATE of NY, to change our state laws in ways that hold these dangerous drivers accountable for their actions, as we believe that’s the key to making our roads safer for all.
However, we were taken by surprise on November 6th when the DMV announced significant changes to the state’s Driver Violation Point System (DVPS), introducing stricter penalties for some traffic violations and changing the criteria for license suspensions and revocations that will take effect in February 2026.
Here’s a look at some of the key changes:
- Mandatory completion of a Driver Improvement Clinic is now required for drivers that accumulate seven (7) to ten (10) points within a twenty-four (24) month period.
- Previously there were no points at all for alcohol or drug-related convictions, however the revised DVPS now assigns eleven (11) points per conviction.
- Convictions for operating a vehicle with a suspended or revoked license (Aggravated Unlicensed Operation) now also carries an eleven (11) point assignment.
- Passing a Stopped School Bus has gone up from five (5) points to eight (8); and frankly, it’s a bit shocking to see how many of these tickets are currently being issued in Buffalo.
- Leaving the Scene of an Injury Accident has increased from three (3) points to five (5) points.
- Speeding in a Work Zone is now an eight (8) point offense, no matter how far over the speed limit you are “clocked” at.
- Failure to Use Due Care now carries five (5) points, and was previously at two (2).
And the time frame for accumulation of points has now gone from eighteen (18) months, to twenty-four (24), so points stay on your record longer, increasing the chances that a chronically “bad driver” will have their license suspended.
Drivers with multiple alcohol or drug related driving convictions can now have their license permanently revoked with four (4) such incidents, whereas it used to take five (5) of them. Or, if a driver has three (3) of them plus one or more “serious driving offenses,” they are now also subject to permanent revocation.
Obviously, these changes to the DVPS are meant to raise the stakes for those engaging in “bad behavior” on our roads, and provide a deterrent. In addition, Angelica’s Law went into effect in New York on November 1st, reducing the number of prior license suspensions necessary to qualify for Aggravated Unlicensed Operation, a felony charge, from ten (10) to five (5). This law honors the memory of Angelica Nappi, a teenager killed in 2008 by an unlicensed driver with multiple prior suspensions that ran a red light on Long Island, and aims to keep such drivers off our roads.
Time will tell if these changes have a significant impact on traffic safety in New York. However, there’s no denying the intent of these changes, and as advocates for riders and safer roads in general, we applaud them. Hopefully the state will also conduct a public education campaign around these changes soon.
For more detailed information about these changes, please consult directly with the New York DMV. As of this writing (December 10th, 2024), the DMV’s website information for their DVPS has not yet been updated, though these changes were announced by the Governor and DMV in September, and also covered in the media. (Two months prior, the DMV proposed the changes and the beginning of a public comment period in advance of these changes.)
If you’ve been charged with a DWI or other serious traffic infraction, we recommend that you consult with a lawyer that specializes in this area of Criminal Law.
If you’re involved in a personal injury, contact your friends at the Kantor Gullo Law Firm by clicking here or calling us at 716-626-0404.
Happy New Year!
