NY Traffic Points and Penalties

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§ 1212

Reckless Driving

§ 1212

Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.

Reckless driving is prohibited.

Every person violating § 1212 shall be guilty of a misdemeanor.

Every person convicted of a misdemeanor for a violation of any of the provisions of the VTL for which another penalty is not provided shall

  • for a first conviction thereof be punished by a fine of not more than $300 or by imprisonment for not more than 30 days or by both such fine and imprisonment;
  • for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $525 or by imprisonment for not more than 90 days or by both such fine and imprisonment;
  • upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $1,125 or by imprisonment for not more than 180 days or by both such fine and imprisonment,

except that any fine imposed upon conviction of a violation of § 1212 shall be not less than $100.

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

The following violations shall be assigned a point value of five points:

(i) reckless driving[.]

Such licenses [as defined in § 510(1)] shall be revoked and such registrations may also be revoked where the holder is convicted:

(iv) of a third or subsequent violation, committed within a period of 18 months, of any provision constituted a misdemeanor by the VTL, not included in § 510(2)(a)(i) or (iii), except violations of § 375(1) or of § 401(1) and similar violations under any local law, ordinance or regulation committed by an employed driver if the offense occurred while operating, in the course of his employment, a vehicle not owned by said driver, whether such three or more violations were repetitions of the same offense or were different offenses[.]

Last verified: 2018-03-31