question re Driver Responsibility Assessment and points.

[Olivia Bernard]

I too live in Massachusetts and have a Mass licence. In the last two years I incurred two offenses in NY. The first in Sept 2014, I made a 1 minute convenience call, not knowing the cell phone rules in NY were different than MA. I was stopped and ticketed but the officer said he would not give me points being from out of state. I pled not guilty. I mailed in an affidavit with my explanation since I could not appear in court. I have no record of a reply from them, so I assume the case was closed. In August 2015 I was stopped for speeding on the Taconic Pkway in rural NY. I was going 60 mph but apparently it was a work zone. I had been abiding by the 45 mph in the work zone but thought it had ended so resumed 60 mph. I explained this to the officer but he gave me a ticket anyway. The bill for the ticket including a NY "surcharge" (what is this?) was 358.00. I paid the fine and pled guilty as I felt I had no choice and knew given my life circumstances and work that I could not afford to travel to rural NY for a court date. Now I have received a Drivers Responsibility Assessment for 525.00. And a report that says I did get 5 point off my license in 2014 and now have gotten 4 more. The fee seems outrageous given what I have already spend on ticket and surcharge. My offenses were relatively minor considering, frankly, what some people do. Are these fees customary? How long with the points be on my license? will they also transfer to my Mass license? Do I have any recourse in any of these matters?

 

[adjusterjack]

The fee seems outrageous given what I have already spend on ticket and surcharge.

If you don't like the fees, don't break the laws.

My offenses were relatively minor considering, frankly, what some people do.

Some people commit murder. Does that mean you can commit burglary because it's a lesser offense.

Are these fees customary?

Sure. You're being charged them. It would appear that they are customary in NY.

How long with the points be on my license?

3 years.

will they also transfer to my Mass license?

Pretty sure the answer is yes to that question.

See:

http://www.ticketdefenselaw.com/new-york/traffic-tickets/out-of-state-license/massachusetts/

Do I have any recourse in any of these matters?

You might be able to get some points removed by taking driver training class. Check with NY or MA about that.

I don't know how it works.

 

[quincy]

For reference purposes, here is a link to the old thread where Olivia's post originally appeared (this thread was created for her):

https://forum.freeadvice.com/speeding-other-moving-violations-13/driver-responsibility-assessment-fee-524686.html

And here is a link to New York's DMV on driver responsibility fees, 2015: http://dmv.ny.gov/tickets/pay-driver-responsibility-assessment

 

[Zigner]

I too live in Massachusetts and have a Mass licence. In the last two years I incurred two offenses in NY. The first in Sept 2014, I made a 1 minute convenience call, not knowing the cell phone rules in NY were different than MA. I was stopped and ticketed but the officer said he would not give me points being from out of state. I pled not guilty. I mailed in an affidavit with my explanation since I could not appear in court. I have no record of a reply from them, so I assume the case was closed. In August 2015 I was stopped for speeding on the Taconic Pkway in rural NY. I was going 60 mph but apparently it was a work zone. I had been abiding by the 45 mph in the work zone but thought it had ended so resumed 60 mph. I explained this to the officer but he gave me a ticket anyway. The bill for the ticket including a NY "surcharge" (what is this?) was 358.00. I paid the fine and pled guilty as I felt I had no choice and knew given my life circumstances and work that I could not afford to travel to rural NY for a court date. Now I have received a Drivers Responsibility Assessment for 525.00. And a report that says I did get 5 point off my license in 2014 and now have gotten 4 more. The fee seems outrageous given what I have already spend on ticket and surcharge. My offenses were relatively minor considering, frankly, what some people do. Are these fees customary? How long with the points be on my license? will they also transfer to my Mass license? Do I have any recourse in any of these matters?

I bet you would have known the work zone had not ended had you been paying attention to the road instead of your phone.

 

[HighwayMan]

I was stopped and ticketed but the officer said he would not give me points being from out of state.

That is not up to him.

I have no record of a reply from them, so I assume the case was closed. In August 2015

That was dumb. You always get correspondence from the court. By the way, what court was this that accepted an affidavit in lieu of an appearance?

...I explained this to the officer but he gave me a ticket anyway.

Gee, what a surprise.

The bill for the ticket including a NY "surcharge" (what is this?) was 358.00.

New York State imposes a surcharge on all traffic and parking tickets. It varies depending upon whether it is a city, town, or village court, with the highest surcharge being $93.

Now I have received a Drivers Responsibility Assessment for 525.00. And a report that says I did get 5 point off my license in 2014 and now have gotten 4 more.

As far as I know, it's impossible for a DRA to be $525. It starts at $300 and goes up in $50 increments. You need to get your story straight - you say you have 9 points on your NYS record but with a $500 DRA that would be 10.

You are mighty close to having your privilege to drive in New York suspended.

 

[HighwayMan]

Do I have any recourse in any of these matters?

What matters? The convictions? The fines?

If you fail to pay the DRA your privilege will be suspended and then shortly thereafter your Massachusetts license will also be suspended.