Driver Responsibility Assessment - Why Do I Need to Pay?

Many drivers are shocked to find out that once they have Pled Guilty to a traffic ticket, got their points and paid their fines and surcharges in New York, that the New York State Department of Motor Vehicles (“DMV”), demands that they pay a Driver Responsibility Assessment or risk having their New York State driving privileges suspended!

So, if you are reading this, the first thing you might ask “What is a Driver Responsibility Assessment and why should I pay it?”

The answer to this questions can be found below and on DMV’s website and states:

“The driver responsibility assessment is a fee you must pay to DMV over a three year period if you are convicted of certain traffic offenses in New York State or accumulate 6 or more points on your driving record within 18 months. This fee is in addition to any fines, penalties or surcharges that you must pay for a traffic conviction. The purpose of the assessment is to prevent the repeated behavior of problem drivers and to improve traffic safety.”

Effective November 18, 2004, there are three instances that DMV will require the payment of a Driver Responsibility Assessment:

• The accumulation of 6 or more points on your New York State driver record within an 18 month period for convictions of traffic offenses committed in New York, Quebec or Ontario;

• A conviction for an alcohol or drugged driving-related traffic offense while driving a motor vehicle, boat, or snowmobile in New York State; or

• Following a Chemical Test Refusal Hearing or waiver you were found to have refused to take a chemical test for blood alcohol content in New York State.

The driver responsibility assessment applies to all drivers whether they have a driver’s license issued by New York State or another jurisdiction.

The amount of the assessment you have to pay depends upon each driver’s specific facts and circumstances, but can be summarized as follows:

• Receiving 6 points on your driving record for violations committed during a period of 18 months, the annual assessment is $100.00. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300.00;

• If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25.00 for each point in addition to the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75.00 for each point in addition to the original 6 points; or

• If you are convicted of an alcohol or drugged driving-related offense or if you refuse to take a chemical test, the annual assessment is $250.00. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.00.

With the above in mind, it should be noted that the failure to pay the DRA will result in the suspension of the driver’s New York State driver’s license or the right to operate a motor vehicle in the State of New York (in the case of an Out-of-State driver.)

Moreover, operating a motor vehicle in the State of New York with a suspended license or driving privilege can, at a minimum, result in the driver being charged with the misdemeanor offense of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (“AUO 3”). Stated otherwise, if you plead guilty to or are found guilty after a trial for AUO 3, you will have been convicted of a misdemeanor and have a criminal record! This, of course, is not good for anyone, especially law abiding citizens who simply drove a bit too fast.

Now that you can see that just pleading guilty to the Speeding or Traffic Ticket isn’t the best course of action, what can you do to protect yourself? Very simple: CALL ME!

More, in most instances, YOU WILL NEVER HAVE TO PERSONALLY APPEAR IN COURT, as New York State law allows an attorney to appear in court and resolve a Speeding or Traffic Ticket without the client being present. This means that you will not have to take a day off of work, travel any distance to court or sit in a courtroom waiting for your case to be called.

Now, if you have already plead guilty and are staring at a Driver Responsibility Assessment invoice or bill from DMV, it is possible to hire an attorney to request that the court allow you to take your plea back and have the opportunity to work out a plea bargain. While this may not work in all instances, it is, of course, worth discussing with a lawyer.

Hopefully, this article has explained everything you wanted to know (but were afraid to ask) about Speeding and Traffic Tickets and the Driver Responsibility Assessment in the State of New York.