Traffic Frequently Asked Questions

Q. Do I need to hire a lawyer?

There are several reasons why it would be in your best interest to hire an attorney. By hiring an attorney, you can often save the time and expense of having to personally appear. Most courts will permit you to sign an affidavit permitting your attorney to appear on your behalf and resolve the case. If you hire an attorney that is familiar with the Court, often they will know the police officer that issued the ticket and may be able to negotiate a better plea bargain than you can. An experienced attorney will carefully review the ticket to determine if it is defective and, if so, file a motion to have it dismissed. Furthermore, an experienced attorney will advise you of the ramifications to your driver’s license if you opt to take a plea bargain.

Q. How many points will I have on my license?

INFRACTION POINTS
• Speeding (mph over the
posted limit)
1 – 10 mph                                                         3
11-20 mph                                                         4
21-30 mph                                                         6
31-40 mph                                                         8
Over 40 mph                                                    11
• Reckless Driving                                           5
• Stop or yield sign, or traffic signal        3
• Improper Passing                                         3
• Safety Restraint Violation
involving person under 16                          3
• Most other moving violation                   2

Q. Will my license be suspended?

The points are assessed against your driving record based on the date that you committed the violation, not the date that you were convicted in court. If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, after which your license may be suspended or revoked. You will be offered the option of waiving the hearing or accepting a definite period of suspension. Some license revocations and suspensions are mandatory and do not depend on points. These include three speeding violations within 18 months and convictions involving alcohol or drugs.

Q. How much will the fine be?

The fines vary depending on the seriousness of the violation. With each conviction the Court will assess a surcharge which changes.

Speed (mph) over the limit Fine Amount

10 mph or less Fine ranges from $45-$150
11-30 mph Fine ranges from $90-$300
31 mph or more Fine ranges from $180-$750

Q. What is the point and insurance reduction program?

Each DMV approved insurance reduction program consists of six hours of classroom instruction. The course includes instruction about driving safety and behavior. If you complete the program, DMV will be notified and will reduce your point accumulation by up to four points for the preceding 18 months. It is important to note that there is a reduction of accumulated points, not future points that have not yet accrued. In other words, you cannot bank your points. It is also important to note that most insurance companies will reduce your insurance rates for taking the course. This is also true for drivers that do not have any infractions.

Q. How do I locate a point and insurance reduction program near me?

Consult your local phone book under “Driving Instruction” or contact your local DMV to obtain a list of program sponsors

Q. What will the attorney fee be?

After briefly reviewing the facts and circumstances of the ticket, I will be able to quote a fee.

Q. I received a bill in the mail from the Department of Motor Vehicles for a “Driver Responsibility Assessment.” What is this and do I have to pay it?

Effective November 18, 2004, the DMV was given the authority to bill certain drivers for a Driver Responsibility Assessment. If a driver accumulates 6 or more points on their driving record in an 18 month period, is convicted of an alcohol-related traffic violation that occurred on or after November 18, 2004, or a DMV hearing determines that a driver refused a chemical test on or after November 18, 2004, then the DMV will assess this fee. The fee is assessed each year for a period of three (3) years. The annual assessment for 6 points or more is $100.00 per year for three years and $25.00 for each additional point over six points. For an alcohol-related violation or a DMV hearing determination that the driver refused a chemical test, the fee is $250.00 per year.

Q. When do I have to pay the Driver Responsibility Assessment?

You must pay the first year’s assessment within 30 days of the assessment. You can elect to pay all three (3) years at that time or you can pay each year as it is assessed.