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13 Dec2010

The traffic ticket “overpayment myth”

I’ve read it various places online and been asked by friends and clients on numerous occasions whether it’s true.

It’s the “overpayment” myth.  And the answer is NO, it is not true.

Here’s a version of it I found from a quick search online:

A police officer confirmed this for me.


I tried to pass this on to anyone I could think of. This procedure works in any state. Read it and try it, you have nothing to loose but the points in your license.

If you get a speeding ticket or went through a red light or whatever the case may be, and you are going to get points on your license, then there is a method to ensure that you DO NOT get any points.

When you get your fine, send in the check to pay for it and if the fine is say $79, then make the check out for $82 or some small amount above the fine.

The system will then have to send you back a check for the difference, but here is the trick!---DO NOT CASH THE CHECK!! Throw it away! Points are not assessed to your license until all the financial transactions are complete. If you do not cash the check, then the transactions are not complete. However the system has gotten its money so it is happy and will not bother you any more.

This is very simple.  In New York, when you are convicted of a traffic violation DMV is notified.  DMV will place the conviction on your driving record and you’ll have points on your record if it was a point carrying conviction.  That’s it.  Conviction for a point carrying violation means you have points.  Period.

As for payment of any fine due,  it’s a separate matter.  If you fail to pay, you’ll end up suspended for failure to pay eventually.  If you under or over pay, different courts will probably treat if differently.  However, under no circumstances does the over or under payment have any bearing on the points and the conviction.