Will overpaying my traffic ticket prevent points from going on my record?

A comprehensive guide from the traffic violation experts at Feifer & Greenberg

Let’s be clear from the start: Overpaying your traffic ticket will not prevent points from being added to your driving record. The New York State Department of Motor Vehicles (DMV) adds points to your license based on your conviction of a traffic violation, not based on how you paid the fine.

As experienced New York traffic ticket lawyers serving NYC for decades, we at Feifer & Greenberg feel compelled to address this persistent myth and provide accurate information about how the point system really works.

How New York’s point system actually works

When you receive a traffic ticket in New York, you generally have three options:

1. Plead guilty by paying the fine, which results in a conviction and the associated points
2. Fight the ticket in court or through a plea negotiation
3. Attend a Point & Insurance Reduction Program (PIRP) to reduce existing points

According to New York Vehicle and Traffic Law § 510, the DMV has the authority to suspend or revoke your license if you accumulate too many points within a specific timeframe. Points are assessed based on the violation date, not the conviction date, and they remain on your driving record for 18 months.

Common point values for New York traffic violations

Understanding the point values associated with different violations can help you make informed decisions:

• Speeding (1-10 mph over limit): 3 points
• Speeding (11-20 mph over limit): 4 points
• Speeding (21-30 mph over limit): 6 points
• Speeding (31-40 mph over limit): 8 points
• Speeding (more than 40 mph over limit): 11 points
• Following too closely (tailgating): 4 points
• Texting while driving: 5 points
• Cell phone use while driving: 5 points
• Failing to stop for a school bus: 5 points
• Running a red light: 3 points

The consequences of point accumulation

Accumulating points on your New York driving record can have serious consequences:

• 6 points within 18 months – You must pay a Driver Responsibility Assessment Fee of $100 per year for three years, plus $25 for each point above 6
• 11 points within 18 months – Your license may be suspended

Additionally, under New York Vehicle and Traffic Law § 318, your insurance premiums may increase substantially with each point added to your record.

What happens when you pay a traffic ticket

When you pay a traffic ticket in New York, you are effectively pleading guilty to the violation. Under New York Vehicle and Traffic Law § 1806, this payment constitutes an admission of the violation and triggers several processes:

1. The court records your conviction
2. The conviction is reported to the DMV
3. The DMV adds the appropriate number of points to your driving record
4. Your auto insurance company may increase your premiums

None of these steps are affected by overpaying the fine. The court system processes the payment as satisfaction of the financial penalty, and any overpayment would typically be refunded or credited to your account.

Legal ways to prevent points

Instead of relying on myths about overpayment, consider these legitimate strategies to prevent points from accumulating.

1. Fight the ticket

At Feifer & Greenberg, we regularly help clients contest traffic tickets through:

• Challenging evidence – Questioning the accuracy of speed detection devices or the officer’s observations
• Procedural defenses – Identifying errors in how the ticket was issued or processed
• Negotiated pleas – Working with prosecutors to reduce charges to non-point violations

2. Point & Insurance Reduction Program (PIRP)

Authorized under New York Vehicle and Traffic Law § 131, these defensive driving courses allow you to:

• Reduce your driving record by up to 4 points (for points accrued within the last 18 months)
• Potentially receive a 10% reduction in your auto insurance premiums for three years

3. Traffic Violation Bureau (TVB) hearings

In New York City and certain other locations, traffic cases are handled by the Traffic Violations Bureau rather than local courts. TVB hearings follow different procedures outlined in New York Vehicle and Traffic Law § 225, but the point system remains the same.

Why the overpayment myth persists

The myth about overpaying tickets may have originated from confusion about administrative processes or anecdotal stories where coincidental timing made it seem like overpayment had an effect. Some possible explanations for this persistent myth:

• Processing delays – Sometimes, administrative delays in processing payments or reporting convictions might coincidentally align with checking one’s driving record, creating a false impression
• Confusion with plea deals – In some jurisdictions, negotiated pleas can result in reduced or no points, and payment amounts might differ from the original ticket
• Urban legend effect – Like many legal myths, this one persists through word-of-mouth without factual basis

The bottom line: Legal representation is your best option

If you’re concerned about points affecting your driving record, your most effective strategy is to work with experienced traffic attorneys who understand the New York traffic court system. At Feifer & Greenberg, we have:

• Decades of experience representing drivers throughout New York
• Established relationships with courts and prosecutors
• A track record of successfully reducing or dismissing traffic charges

Rather than relying on ineffective myths like overpaying your ticket, consult with qualified legal professionals who can provide real solutions based on New York traffic law.

Contact Feifer & Greenberg today

If you’ve received a traffic ticket in New York, contact our office for a consultation before simply paying the fine. We can evaluate your case and often find legitimate ways to minimize or avoid points on your driving record.

Remember, when it comes to traffic violations, informed legal strategies—not payment tricks—are the key to protecting your driving record and keeping your insurance premiums in check.